This is a license agreement (“Agreement”) between you and Chicago Convention and Tourism Bureau, Inc., d/b/a Choose Chicago (“Choose Chicago”) that explains how you can use photos, videos, and B-roll footage (“Content”) that you access, download, use or publish from Choose Chicago’s image and media library. By accessing, downloading, and using Content from Choose Chicago, you: (1) accept the terms of this Agreement and agree to be bound by future amendments and additions to this Agreement; (2) represent that you are of a legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement. Your continued access to and use of Content is conditioned on your compliance with this Agreement. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access, download, use or publish any Content.
1. License. Subject to the restrictions stated in Section 2 of this Agreement, Choose Chicago offers a personal, non-exclusive, non-transferrable license for the use of Content for the sole purpose of personal, noncommercial, editorial use that features the Chicago area as a travel destination. Choose Chicago, or its content supplier, is, and will remain, the sole and exclusive owner of the right, title, and interest, throughout the world, to all Content. This license is conditioned on your continued compliance with this Agreement. All other uses are prohibited without the prior consent of Choose Chicago.
2. Permitted Uses in Editorial Publications. Content may be used for solely editorial purposes, By way of example but not limitation, Content may be used for editorial purposes to illustrate a newspaper or magazine article, post, video, or blog (collectively, “Publications”). Content may be used in Publications concerning a one-time convention or meeting. Content may be used in Publications by an eleemosynary institution, institution of higher education, library, or museum. Content may also be used in Publications promoting the City of Chicago, a hospitality partner, hotel, restaurant, tourism company, transportation company, service company or retail establishment.
3. Restricted Uses.
No Unlawful Use. You shall not use Content in a pornographic, defamatory, or other unlawful manner, in violation of any applicable regulations, or is otherwise inconsistent with this Agreement.
No Commercial Use of Content. You shall not use, copy, make derivative works, resell, or deliver Content for any commercial, promotional, advertorial, endorsement, advertising, or merchandising purpose. You shall not use any Content in any goods, services, or products where Content is the primary value. You shall not use any Content for exchange for a fare, fee, rate, change or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.
No Alteration of Content. Content may be cropped or otherwise edited for technical quality, provided that the integrity of the Content is not compromised, but you may not otherwise alter the Content.
- No False Representation of Authorship. You shall not falsely represent that you are the original creator of a work that is made up largely of licensed Content.
4. Third Parties. The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else.
5. Intellectual Property Rights. All of the Content is owned by either Choose Chicago or its content suppliers. Except as expressly provided for in this Agreement, nothing contained in Choose Chicago’s media library shall be construed as granting rights to you in any intellectual property of the Content, Choose Chicago, or its content suppliers. All rights not expressly granted in this agreement are reserved by Choose Chicago and the content suppliers.
6. Attribution. You must include the following credit to the Content: “[Photographer Name]/[Collection Name]/Choose Chicago”. You may use the name of Choose Chicago and/or its content suppliers as necessary to give attribution, but you may not otherwise use their names, logos, or trademarks without prior written approval.
7. Termination. Choose Chicago may terminate this Agreement at any time if you breach any of the terms of this or any other agreement with Choose Chicago, in which case you must immediately cease using the Content. Choose Chicago may discontinue licensing any item of Content at any time in its sole discretion. Upon notice from Choose Chicago, or upon your knowledge, that any Content may be subject to a claim of infringement of a third party’s right for which Choose Chicago may be liable, Choose Chicago may require you to immediately, and at your own expense, cease using the Content.
8. Disclaimer. THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CHOOSE CHICAGO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. CHOOSE CHICAGO DOES NOT GRANT ANY RIGHT OR MAKE ANY WARRANTY WITH REGARD TO THE USE OF NAMES, PEOPLE, TRADEMARKS, TRADE DRESS, LOGOS, REGISTERED, UNREGISTERED OR COPYRIGHTED AUDIO, DESIGNS, WORKS OF ART OR ARCHITECTURE DEPICTED OR CONTAINED IN THE CONTENT. IN SUCH CASES, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER RELEASE(S) IS/ARE REQUIRED IN CONNECTION WITH YOUR PROPOSED USE OF THE CONTENT, AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING SUCH RELEASE(S).
9. Indemnification. You agree to defend, indemnify, and hold harmless Choose Chicago and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any Content; (ii) any breach or
alleged breach by you (or anyone acting on your behalf) of any of the terms of this Agreement; and (iii) your failure to obtain any required release for your use of Content.
10. Limitation of Liability. CHOOSE CHICAGO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES, COSTS, OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF CHOOSE CHICAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
11. Miscellaneous.
- Assignment. This agreement is personal to you and is not assignable by you without Choose Chicago’s prior written consent. Choose Chicago may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest.
- Governing Law. This agreement will be governed by the laws of the State of Illinois, U.S.A., without reference to its laws relating to conflicts of law.
- Severability. If one or more of the provisions in this Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable. The venue and jurisdiction of any dispute shall be solely in Cook County, Illinois.
- Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
Check the box below to agree to our terms and access the Choose Chicago’s Media Library.