PLEASE READ THE TERMS AND CONDITIONS OF THIS REVOCABLE LICENSE AGREEMENT CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS SERVICE, AND SELECTING "I AGREE," YOU ACCEPT ANY AND ALL TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WAIVING ANY AND ALL RIGHTS AND BENEFITS WHICH MAY BE CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, DURING THE ACCESS PERIOD, AS DEFINED BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE SELECT "I DO NOT ACCEPT" AND DO NOT USE THIS SERVICE.
NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT
This Non-exclusive Revocable License Agreement ("Agreement") is made and entered into by and between Greater Palm Springs Convention & Visitors Bureau, a joint powers authority operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.), located in the County of Riverside, State of California ("Licensor"), and you, the person and/or entity ("Licensee") accessing the Content, as defined in this Agreement. Licensor and Licensee may be occasionally referred to herein as the "Parties."
WHEREAS, Licensor maintains on this website various forms of digital content, including but not limited to, ideas, documents, images, photographs, drawings, digital data, videos, writings, and other graphics for the purpose of promoting, marketing, and facilitating tourism in the Coachella Valley; and
WHEREAS, Licensee desires to use certain intellectual property owned by Licensor for the sole purpose of marketing and facilitating tourism in the Coachella Valley.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND PROMISES CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Recitals. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
2. Permitted Uses/License. Licensor hereby grants to Licensee a non-exclusive revocable license to use, reproduce, and display any and all content found or accessed on this website ("Content") anywhere in the world limited for the sole purpose of promoting, marketing, and facilitating tourism in the Coachella Valley ("Permitted Uses").
3. Access Period. Licensee understands and acknowledges that by selecting the "I Agree" button and accessing the Content, Licensee shall have access to the Content for three (3) months, or until Licensee is required to reaffirm its assent by clicking the "I Agree" button ("Access Period"), subject to the terms of this Agreement. Licensee further agrees and understands it shall be bound by this Agreement whenever Licensee accesses the Content during the Access Period.
4. Revocability. At the sole discretion of Licensor, Licensor shall have the exclusive authority to revoke Licensee's license at any time without providing advance notice to, or obtaining approval from, Licensee.
5. Owner of Content. Licensor shall at all times remain the sole and exclusive owner of the Content and any copyright or exclusive rights under a copyright. Licensee may not sell, license, distribute, assign, transfer, or otherwise grant any rights regarding the Content to a third party, without the express written consent of Licensor. Licensor may assign its rights at any time at its absolute and sole discretion without any approval by Licensee.
6. Licensor Credit/Acknowledgment. Licensor shall be credited for Licensee's use of all Content used in accordance with the Permitted Uses. Such credit shall be given by Licensee's placement of the following language at or near the placement of the Content, in a legible font, of reasonable size, in a contrasting color, so that credit for the Content is clearly and unequivocally given to Licensor: "Courtesy of Greater Palm Springs Convention & Visitors Bureau" / visitgreaterpalmsprings.com."
7. Indemnification. Licensee shall defend, indemnify, and hold harmless Licensor, its officers, officials, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses, including attorney's fees, in connection therewith), arising out of Licensee's use of the Content, whether such use is within or outside the scope of the Permitted Uses.
8. Licensee Waiver of Suit and Claims Including Civil Code Section 1542. Licensee hereby waives any right it may have to sue or otherwise pursue any action or claim against Licensor related in any way, either directly or indirectly, to Licensee's use of the Content.
Licensee expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected. Licensee further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney. MOREOVER, LICENSOR REPRESENTS AND ACKNOWLEDGES THAT, IN LIEU OF INITIALING THE WAIVER ABOVE, DUE TO THE UNIQUE NATURE OF THIS AGREEMENT, LICENSEE'S SELECTION OF "I AGREE" DEMONSTRATES LICENSEE'S INTENT TO BE LEGALLY BOUND BY SUCH WAIVER.
9. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
10. Entire Agreement. This Agreement constitutes the entire Agreement between the Licensor and Licensee. No term, provision, or condition of this Agreement may be altered or amended, nor may any term, provision, or condition be added to this Agreement, except by written amendment signed by both parties.