Terms and Conditions
All information is provided by Blue Diamond as a service to our partners to facilitate the distribution of copyrighted graphics, imagery and logos. In accordance with this agreement, all distributed content must be properly used and credited. All distributed material must be used for the sole purpose of marketing Royalton resorts, Memories resorts and Grand Lido resorts and products.
The use of any image, photo, or logo outside the scope of marketing Royalton Resorts, Memories Resorts and Grand Lido Negril Resort, CHIC by Royalton, Hideaway by Royalton, Starfish resorts and products is strictly prohibited. Use of any image from the media site to market or represent any product besides that which is represented by Royalton Resorts, Memories Resorts, Grand Lido Negril Resort, CHIC by Royalton, Hideaway by Royalton, Starfish resorts
and products constitutes a violation of this agreement and applicable copyright and trademark law.
Unless otherwise specified and/or credited, all images, artwork, text, graphics, logos, logotypes and flash animations herein provided are the copyright and/or trademark of Blue Diamond. All rights reserved. Altering any Blue Diamond images is strictly prohibited. Logos may only be resized to fit your specific purpose given that the proportions of the graphic are unchanged.
The use of any images, artwork, text, graphics, logos, logotypes and flash animations or other intellectual property of Blue Diamond in a manner which suggests that a party other than Blue Diamond owns or operates Royalton resorts, Memories resorts and Grand Lido resorts, is strictly prohibited.
In addition: All Blue Diamond logos used on third-party websites must be hyperlinked to www.bluediamondresorts.com
All Royalton logos used on third-party websites must be hyperlinked to www.royaltonresorts.com
All Memories logos used on third-party websites must be hyperlinked to www.memoriesresorts.com
All Grand Lido logos used on third-party websites must be hyperlinked to www.grandlidoresorts.com
All CHIC by Royalton logos used on third-party websites must be hyperlinked to www.chicpuntacana.com
All Hideaway by Royalton logos used on third-party websites must be hyperlinked to www.royaltonresorts.com
All Starfish Resorts logos used on third-party websites must be hyperlinked to www.starfishresorts.com
The use of any image, photo, or logo outside the scope of marketing Royalton Resorts, Memories Resorts, Grand Lido Negril Resort, CHIC by Royalton, Hideaway by Royalton, Starfish resorts and products is strictly prohibited. Using any image from the media site to market or represent any product besides Royalton resorts, Memories resorts and Grand Lido resorts and products constitutes a violation of this agreement and applicable copyright and trademark law.
Social Media Rights and Photo Usage
By using any of the following hashtags: #RoyaltonMoments, #RoyaltonResorts, #RoyaltonLuxuryResorts #RoyaltonPuntaCana #RoyaltonRivieraCancun #RoyaltonBlueWaters #RoyaltonNegril, #RoyaltonWhiteSands, #RoyaltonCancun, #RoyaltonAntigua, #YesPride, #YesRoyalton, #YesCHIC, #YesMemories, #YesStarfish, #YesPH, #YesMystique, #RoyaltonSaintLucia, #RoyaltonBavaro, #RoyaltonFit, #MemoriesSplash, #CaptureMemories, #MemoriesResorts, #CHICPuntaCana, #CaribbeanPride, #StarfishResorts, #StarfishJollyBeach, #YouAreTheStar #DiamondClub, #CelebrateTheMoments, #HideawayEscapes, #TheRoyalSpa, #CHIC, #GrandLido, #VacationLikeAStar, #StarClass, #PlanetHollywood, #PHCostaRica, #MystiqueBlue, or #MystiqueHolbox you agree that you are bound by these terms and conditions. You agree to grant to Blue Diamond Hotels and Resorts Inc., its parent, affiliates, subsidiaries and each of their respective advertising and promotional agencies (collectively “Blue Diamond”), an exclusive, perpetual, irrevocable, royalty-free, unrestricted worldwide license to use and/or reuse, display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based upon, sublicense, and otherwise exploit your Content (as defined below), name, likeness, image, voice and/or any other identifiable representation of you (collectively “Likeness”), in whole or in part, individually or in conjunction with other items for any purpose (including, but not limited to, advertising, marketing, promotional, publicity, entertainment and instruction/education), throughout the world, in any manner, form, style, medium or technology now known or hereafter devised (including, but not limited to, print, video, television, social media, broadcast, internet and electronic media). “Content” means any and all content created solely by you, including, without limitation, ideas, notes, drawings, designs, graphics, images, photographs, lyrics, compositions (musical or otherwise), stories, plays, pitches, audiovisual content (including, without limitation, sound bites, video footage and other productions), software, data, comments, suggestions, or works of authorship embodied in any form or medium.
You further agree:
(a) to waive any right to inspect or approve any advertising copy or any other material which may be used in conjunction with
(b) your Content and Likeness and waive any moral rights you may have in or in respect of thereof;
(c) that you will not be entitled to any compensation for any use by Blue Diamond of your Content and Likeness;
(d) that Blue Diamond has no obligation to publish or use or retain any Content and Likeness;
(e) that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in these terms and conditions.
(e) to take any action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Blue Diamond to effect, perfect, or confirm Blue Diamond’s rights set forth in these terms and conditions; and
(f) to release and indemnify Blue Diamond of and from any and all actions, claims, costs and expenses (including reasonable legal fees and costs), demands, proceedings, judgments, penalties, damages of any nature or kind whatsoever, which you or anyone on your behalf or any third party may have had, now have or in the future may have against Blue Diamond in connection with: (1) the Content including, but not limited to, all actions of passing off, misappropriation of personality, breach of privacy, infringement of any patent, copyright, trademark or any other proprietary right; or (2) any breach of these terms and conditions.
You represent and warrant that:
(a) you are at least 18 years of age and have fully read and understand these terms and conditions;
(b) you are the sole copyright proprietor of the Content and you have the right, without any third-party approvals, to grant the rights as set out herein; and
(c) the use of the Content will not violate or infringe upon the trademark, tradename, copyright, artistic, and/or other proprietary rights of any third parties.
(a) Waiver. No delay on the part of Blue Diamond in the exercise of any right, power or remedy hereunder will operate as a waiver hereof nor will any single or partial exercise by Blue Diamond of any right, power or remedy hereunder preclude other or further exercise hereof or the exercise of any other right, power or remedy. Except as expressly stated to the contrary, the rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies provided at law, in equity or otherwise.
(b) Severability. Every provision of this Agreement is intended to be severable; if any term or provision is determined to be illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of this Agreement. Without limiting the generality of the preceding sentence, if any remedy set forth in this Agreement is determined to have failed its essential purpose, then all other provisions of this agreement, including without limitation the limitations of liability and the exclusion of damages, will remain in full force and effect.
(c) Jurisdiction. This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Barbados without regard to its conflict of laws provisions. Any action or proceeding arising out of or related in any way to this Agreement shall be brought in a court of competent jurisdiction in the Commonwealth of Barbados. Neither party will raise object to such jurisdiction or venue because of the residence or domicile of any party thereto.
(d) Injunctive Rights. You acknowledge and agree that, in the event of any breach of this agreement, Blue Diamond would be irreparably and immediately harmed and could not be made whole by monetary damages. Accordingly, it is agreed that, in addition to any other remedy to which it may be entitled in law or equity, Blue Diamond shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to prevent breaches or threatened breaches of this Agreement and/or to compel specific performance of this Agreement, and that neither you nor your agents will oppose the granting of such relief. You also agree to reimburse Blue Diamond for all costs and expenses, including attorneys' fees, incurred by Blue Diamond in attempting to enforce your obligations or those of your agents hereunder.