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Consent - Use of user-generated content
VIA Rail Canada Inc. (“VIA Rail”) reaches out to social media users to seek their permission to feature its favourite content on its various sites, social channels, and in various promotional materials. You are reading this because VIA Rail has requested your permission to use your social media content (the “Material”) in this way.
By responding #yesviarail, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.
Permission to use your Material
You hereby grant to VIA Rail, its agents and its representatives, a worldwide, perpetual, irrevocable, free of charge, royalty-free, non-exclusive, transferable, and sublicensable right to use the Material.
You agree that VIA Rail may, but is not obligated to (i) use the Material, (ii) modify it, (iii) combine it with other media, and (iv) create derivative works from the Material to be published or distributed for:
a) advertising or promotional purposes; or
b) any other operational purpose, whether public or internal, including reproductions on digital media, on intranet or Internet sites, whether belonging to VIA Rail or not, on social media, or on any other media now known or subsequently developed.
You hereby expressly authorize VIA Rail, its agents and its representatives to use your username, real name, image, likeness, and appearance in photographs taken for the purposes of creating an image and video bank and in connection with any use of the Material.
You hereby accept that once the Material is published or distributed, we cannot control or prevent the further distribution or use of the Material by those who access the information.
You represent and warrant that you are not breaching any other agreement or obligation or any provision of any law or regulation.
You also represent and warrant that the Material respects the following conditions of admissibility:
- The Material is your own original creation;
- The Material has not been copied in whole or in part from any other work;
- The Material is your own and exclusive property, or you are authorized to grant such licence;
- The Material does not infringe the rights of third parties;
- You are the only identifiable person in the Material;
- The Material does not make any advertising placement or promotion of a product or brand, nor constitute any form of advertising of any kind whatsoever;
- The Material does not contravene any applicable law.
You declare that you have reached the age of majority and that you have the legal right and ability to accept these terms and conditions.
The present consent and grant are governed by the laws of the Province of Québec.