1. You hereby grant to Travel Alberta a non-exclusive, perpetual, worldwide, royalty-free license to use, publish, modify, reproduce and distribute for purposes of promotion of Alberta the creative assets (the “Creative Works”) including, but not limited to photographs and video as described in clause (3) below. You warrant that you have the necessary rights, title and interest to grant the rights set forth in this Agreement. You warrant that all Creative Works delivered to Travel Alberta in connection with this License will be original work.
2. Subject to clause (3), You warrant that the Creative Works are and shall be free and clear of any claim, right or encumbrance that would limit or restrict the rights granted under clauses (1) and (3) and that the use of the Creative Works by Travel Alberta in accordance with the rights granted to Travel Alberta shall not violate any copyright, moral right, right of privacy or right of publicity, or infringe or misappropriate any intellectual property rights of any third party.
3. All rights in the Creative Works granted to Travel Alberta are applicable in any and all media, including but not limited to print, electronic and digital media for the purpose of advertising, promotion and publicity. Travel Alberta retains the right to make or cause to make use, access, load, download, store, install, copy, publish, distribute, communicate, exhibit, produce, reproduce, print, broadcast, display, sub-license and/or assign (hereinafter to “use” or “make use”) the Creative Works throughout the world for any and all promotional, educational, marketing, public relations and/or editorial purposes set forth in the Travel Alberta Multimedia Library. Travel Alberta shall exercise its reasonable efforts to include credit to you when using the Creative Works, provided that the details such as name, date of photograph, residence are included by you. However, under no circumstance shall a failure to include credit by Travel Alberta or its sub licensees constitute a breach of this Agreement.
4. Except for Travel Alberta’s license rights contained in this Agreement, you continue to own all rights in and to the Creative Works. To the extent your Creative Works contain other materials or elements owned by Travel Alberta or any third party licensors, such as characters or other elements protected by copyright, trade-mark or other laws, your rights to make use of the Creative Works will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Travel Alberta
5. You shall at all times indemnify and hold harmless Travel Alberta, its directors, officers, agents, employees and any others for whom it may be responsible in law, from and against all losses, claims, demands, awards, judgments, actions and proceedings by whomsoever made, brought or prosecuted, resulting from or arising out of, attributable to or in any way connected with this Agreement and whether or not caused by your negligence, including without limitation any actions brought by third parties alleging infringement or misappropriation of intellectual property rights in and to the Creative Works, except to the extent to which such loss or damage has arisen out of Travel Alberta's negligence.
6. You shall comply with all laws applicable to the performance of your obligations under this Agreement. You agree that all matters relating to this Agreement shall be interpreted in accordance with the laws applicable in Alberta and the federal laws of Canada applicable therein, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of Alberta.
7. This Agreement shall ensure to the benefit of, and be binding upon, the successors, heirs, legal representatives and assigns of each of Travel Alberta and you, as applicable.