VISIT CLARE TOURISM CONTENT SYSTEM DATA CONTRIBUTOR AGREEMENT

 

TO: CONTRIBUTORS TO THE TOURISM CONTENT SYSTEM (“You”)

This Tourism Content System Data Contributor Agreement shall constitute the entire agreement between You and Clare County Council governing Your contribution to the Visit Clare Tourism Content System and the www.visitclare.ie Website.

The Visit Clare Tourism Content System is an online database (“the Database”) that holds Data on business listings and promotional profiles of places, accommodation, festivals, events, attractions, activities and other tourism businesses and experiences relating to County Clare. This Data is collected for promotion through Clare County Council’s Marketing Channels, including, but not limited to the www.VisitClare.ie website, print and digital publications, social media, and advertisements. The Data is also made available to promote County Clare through third parties including, but not limited to, tourism agencies, national and international travel trade, and national and international media.

By ticking the “Accept” button on the Smartsheet profile form provided, You are indicating Your consent to be bound by and become a party to the Terms and Conditions of this Tourism Content System Data Contributor Agreement (“the Terms and Conditions”). If You do not agree to each and every Term and Condition of this Tourism Content System Data Contributor Agreement, then You should decline by not completing the Smartsheet profile form. This will exclude Your Content being promoted through Clare County Council’s Marketing Channels.

You, the Contributor, are contributing Content to Clare County Council with a view to its input into Clare County Council’s Database and possible publication on Clare County Council’s Marketing Channels and other media (including but not limited to international, national, regional and local television broadcast, online and print media).  THE FOLLOWING ARE THE TERMS AND CONDITIONS, WHICH FORM THE BASIS OF THE CONTRACT BETWEEN YOU AND CLARE COUNTY COUNCIL, TO WHICH YOU AGREE:

 

Interpretation

“Content” means the information and records submitted by You to Clare County Council, through the Smartsheet profile form, including, but not limited to, imagery (photograph(s), digital recording(s) and/or video recording(s)), text and sound recordings related to your business and creative content associated with your business.

“Database” means the record of tourist facilities, accommodation, tours, events, entertainment, and related Irish tourism matters, operated by Clare Council, who obtain the relevant Data from a variety of private, voluntary and commercial entities and make it available to users through various Marketing Channels, which Data forms part of the Council’s Tourism Content System.

“Marketing Channels” means the publication outlets used by Clare County Council for tourism and promotional purposes including, but not limited to, Clare County Council’s website(s), www.visitclare.ie website, and any social media/digital platforms such as Twitter, Facebook, YouTube, Instagram, LinkedIn, Visit Clare Newsletters), print and digital publications, advertisements and visitor surveys and also includes third party media outlets and publication channells (including, but not limited to, international, national, regional and local television broadcast, online and print media).

“You” or “Contributor” means the person or entity who has agreed to submit and supply Content to Clare County Council for input into the Database and publication on Clare County Council’s Marketing Channels pursuant to and in accordance with the Terms and Conditions of this agreement.

 

Compliance with Laws and Insurance

  1. You represent and warrant that the business/service/activity You are promoting and submitting Content on complies with all applicable planning, tax, insurance, transportation (including licensing), safety, consumer protection and other legal and regulatory requirements that are appropriate to Your business/service/activity.
  2. You represent and warrant that You hold and will maintain, throughout participation in Clare County Council’s Tourism Content System, liability insurance appropriate to your business/service/activity.

 

GDPR/Data Protection

Prior to submitting Content to Clare County Council, please read the separate Privacy Notice provided with these Terms and Conditions.

 

Providing Content

  1. When You provide Content, including photos and videos, You warrant that You are the sole legal and beneficial owner of copyright in the Content and that You have the right to permit Clare County Council to publish the Content and that the Content is free and clear of any claim, right or encumbrance that would limit or restrict its use by Clare County Council for marketing, promotional or other purposes.
  2. When You provide Content, including photos and videos, You warrant that that the Content uploaded does not violate any copyright, trademark, moral right, right of privacy or right of publicity, or infringe or misappropriate any other intellectual property rights of any third party.
  3. When You provide Content, including photos and videos, You grant to Clare County Council a licence to publish, reproduce, post and otherwise disseminate the Content in whole or in part on Clare County Council’s Marketing Channels.
  4. When You provide Content, including photos and videos, You warrant that the Content does not contain any matter that is defamatory, libellous, discriminatory, scandalous, obscene or contrary to law.
  5. When You provide Content, including photos and videos, You grant Clare County Council and its directors, officers, employees, consultants, servants, agents and contractors the non-exclusive license to use, reproduce, resize, crop, otherwise digitally manipulate, edit and publish and disseminate the content for use in Clare County Council’s Marketing Channels.
  6. When You provide Content, You understand and agree that Clare County Council reserves the right to edit and update the Content to ensure consistency of format and style with other Content in the Database and in the Marketing Channels and to comply with any internal Clare County Council policies and editorial principles; or to be edited, abbreviated, and adapted to suit the channels where the information is being used.
  7. In submitting any Content, including photos or video, You must be able to confirm and retain proof that any identifiable persons in the Content know and agree that this Content will be shared with Clare County Council and others and used for promotional purposes. You are also required to ensure that if any Content includes images of minors (under 18 years of age), You have written parental consent to share such Content with Clare County Council for promotional purposes. If You are not the photographer, You must have permission from the person who took the imagery to share it with Clare County Council for promotional purposes. Photos and videos provided may be used in a variety of ways and may feature in print and digital publications and newsletters, websites, social media platforms (such as Twitter, Facebook, YouTube, Vimeo, Instagram and LinkedIn); and International, national, regional and local media.
  8. When You provide Content, You understand and agree that Clare County Council may provide the Content to other entities to promote County Clare. This includes, but is not limited to, tourism agencies, national and international travel trade, and national and international media. By providing Content through Clare County Council’s Smartsheet online forms, You agree to have Your Content shared in this way.
  9. You accepted and agree that You are solely responsible for the quality, accuracy, and completeness of the Content submitted. You are solely responsible for providing Clare County Council with any updates or corrections to the Content. Clare County Council is not obliged to verify the Content and is not responsible or liable for its accuracy.
  10. You shall not, without the prior written consent of Clare County Council, assign or transfer this Agreement to any other person, firm or company.

 

Cancellation/Suspension

  1. Clare County Council has the right at any time, without notice, and in its sole discretion, to deny, suspend or cancel your access or listing in Clare County Council’s Database or on Clare County Council’s Marketing Channels if you breach, or are suspected of breaching, any of these Terms and Conditions or for any other reason Clare County Council deems appropriate.
  2. You understand and agree that Clare County Council reserves the right to accept or decline the use of all or any part of the Content you provide for any reason whatsoever at its sole discretion. The publication of any Content, including the times of publication and the form in which publication takes place, is at the sole discretion of Clare County Council and the acceptance of Content by Clare County Council in no way requires or obliges Clare County Council to use the Content in its Marketing Channels
  3. You agree that Clare County Council and its directors, officers, employees, consultants, agents and contractors are not liable for any indirect, direct or consequential losses arising from or connected to anything published or distributed in any of Clare County Council’s Marketing Channels or websites, cancellation or suspension of such Marketing Channels, or any delay, interruption or cancellation of web services.

 

Indemnity

  1. You undertake and agree to indemnify and hold Clare County Council and its directors, officers, employees, consultants, agents and contractors harmless from any liability, damage, loss, costs or expenses arising out of the use, display or publication of the Content you provide. Such indemnification shall include but is not limited to, any claim or lawsuit for copyright or trademark infringement or infringement of moral rights or other intellectual property rights.
  2. You undertake and agree that You will indemnify and hold harmless Clare County Council and its employees, consultants, agents and contractors from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) Your breach of these terms; or (ii) Your participation in Clare County Council’s Marketing Channels.

 

Disclaimers

  1. Although Clare County Council takes all reasonable measures to maintain the security of the Content, Clare County Council will not be responsible for any damages you may suffer as a result of transmitting confidential information through the Internet, or implicitly or explicitly authorizing Clare County Council or others to send confidential information to you in this manner.
  2. Clare County Council, and its directors, officers, employees, consultants, agents and contractors are not responsible for any direct, indirect, special, incidental, consequential, punitive or any other damages whatsoever and howsoever caused, arising out of any errors or omissions by Clare County Council to the publication or distribution of any information, content, or materials through Clare County Council’s Marketing Channels.

 

General

You shall in no way represent or imply that Clare County Council, or any of their respective directors, officers, employees, consultants, agents or contractors has recommended, endorsed, or approved your business/goods/service/activity or that there is any joint venture, partnership, employment or agency relationship between you and Clare County Council.

 

Forum and Choice of Law

This Agreement shall be governed and construed in all respects in accordance with the laws of Ireland, and the Parties hereby submit to the exclusive jurisdiction of the Courts of the Republic of Ireland under or in relation to this Agreement.

 

Standard Agreement

  • I certify that I am authorized to agree to these Terms and Conditions on behalf of the business/operator I represent.
  • I certify that the business that I am promoting through Clare County Council’s Marketing Channels complies with all applicable planning, tax, insurance, transportation (including licensing), safety, consumer protection and other legal and regulatory requirements appropriate to my business/service/activity.
  • I agree to provide Clare County Council with any updates or corrections to the Content I have provided.
  • I agree that Clare County Council may contact me about the Content I have submitted and in relation to Clare Tourism development and promotional issues.

BY TICKING THE “ACCEPT” CLAUSES ON THE SMARTSHEET PROFILE FORM PROVIDED, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS TOURISM CONTENT SYSTEM DATA CONTRIBUTOR AGREEMENT. IF YOU DO NOT AGREE TO EACH AND EVERY TERM OF THIS AGREEMENT, THEN YOU CAN DECLINE BY NOT COMPLETING THE SMARTSHEET PROFILE FORM. THIS WILL EXCLUDE YOUR PROMOTION THROUGH THE CLARE COUNTY COUNCIL MARKETING CHANNELS.

 

Queries and Contact Information

If you have any queries in relation to this Agreement, you may contact Clare County Council by emailing Tourism@ClareCoCo.ie or writing to The Tourism Department, Clare County Council, New Road, Ennis, Co. Clare, V95 DXP2

 

Last updated: February 28, 2022

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