This CONTENT LICENSE AGREEMENT AND PUBLICITY RELEASE (hereinafter, the "Release") is made by and between The Board of Governors of the Southern Alberta Institute of Technology ("SAIT") and you, an individual over the age of eighteen (18) ("you"), in connection with your submission of text, photographs, videos and/or other content (collectively, the "Content") to SAIT for use by or through SAIT, including on one or more of its websites (including SAIT social media pages) (collectively, the "Websites").
By providing consent with the hashtag #YesSAIT, you agree to the following terms of this Agreement with SAIT:
CONTENT LICENSE. You hereby grant to SAIT, its authorized personnel, sublicensees and successors (collectively hereinafter, "SAIT") a perpetual, royalty-free, irrevocable right and license to all proprietary and intellectual property rights in the Content, including without limitation, the right to use, edit, adapt, modify, reproduce, promote, display, distribute, perform, assign, create derivations from, make improvements or revisions to and otherwise use and exploit the Content throughout the world on the Websites and/or on websites now known or hereinafter developed and for any purpose (including, without limitation, for SAIT's commercial purposes), without compensation or attribution to you, and you further waive your moral rights in and to the Content to the extent necessary to give effect to the license herein to SAIT. You agree that no materials incorporating or using the Content need be submitted to you by or through SAIT for review, approval or waivers. SAIT also reserves the right in its sole and absolute discretion to remove without notice from or to refuse to post on its Websites any Content.
PUBLICITY RELEASE. You further grant to SAIT the irrevocable right and permission to use, separately or together, your name, voice, statements, photographs, likeness, recorded performances and/or any of your personal information (as defined by applicable privacy laws) in SAIT's custody or control, in whole or in part, on the Websites and/or any websites now known or hereinafter developed, in perpetuity throughout the world, for all purposes, including for advertising and promotional purposes, without restriction as to alteration. The Content does not include reference to or images of any individuals under the age of eighteen (each a "Minor Participant").
REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to SAIT that: (i) you are eighteen years of age or older and have the authority to contract in your own name; (ii) you have the full right and power to enter into and perform this Release in accordance with its terms; (iii) your execution, delivery and performance of this Release will not infringe upon the rights, including without limitation, any intellectual property rights, of any third parties or violate the provisions of any agreements with third parties or SAIT to which you are a party; (iv) the Content is your original work of authorship and is owned solely by you; (v) you have obtained all necessary consents and permissions from any and all individuals appearing in the Content to enable SAIT to use and exploit the rights granted in this Release; (vi) the Content is wholly original, free and clear of any restrictions or claims by any third party, and does not infringe upon or violate any patent, copyright, trade secret, trademark, service mark, trade name or other proprietary or intellectual property rights of any third party; (vii) the Content does not violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing applicable privacy, consumer protection, unfair competition, anti-discrimination and false advertising); (vii) the Content is not abusive, illegal, defamatory, libelous, indecent, hateful, slanderous, indecent, obscene, pornographic, sexually explicit, unlawfully threatening or unlawfully harassing, and it does not encourage anyone to break any laws; and (x) the Content does not contain any computer viruses, worms, Trojan horses, spyware or other potentially damaging technologies or malicious code that could impact the operation of websites.
INDEMNIFICATION. You hereby agree to indemnify, defend, release and hold harmless SAIT, its governors, officers, employees, personnel, consultants, agents, advisors and students (collectively, the "SAIT Group") from and against any and all claims, damages, liabilities, losses actions, demands, costs and expenses (collectively, "Losses") incurred by any or all of them arising from or in connection with: (i) any breach by you of this Release or the inaccuracy of any representation or warranty made by you herein; (ii) any alleged or actual violation of any third party's proprietary rights, including, without limitation, claims of violation of rights of publicity or privacy, trade secret, copyright, trademark or patent infringement, intellectual property rights and/or unfair competition, in all instances in connection with any use by or through SAIT pursuant hereto, of the Content; (iii) any claim by any third party of defamation, libel or slander or any related claim in connection with the Content; and (iv) SAIT's use of your name, voice, photograph, likeness, recorded performance and/or personal information as set forth in this Release.
VALIDITY. This Release is intended to be as broad and inclusive as permitted by applicable laws. If any term or provision of this Release shall to any extent be held invalid or unenforceable, the remaining terms of the Release shall not be affected thereby, but shall be valid and enforceable to the fullest extent permitted by law. The invalid provisions shall automatically be replaced by a substitute provision which is valid and as nearly as possible maintains the same economic purposes and intention of the valid provision.
CHOICE OF LAW AND VENUE. This Release shall be governed by and construed under Alberta laws and the applicable federal laws of Canada without regard to conflicts of law principles. The parties agree that any legal action or proceeding with respect to this Release shall be brought in the courts of the Province of Alberta and you attorn thereto. SAIT reserves the right to modify this Agreement, at any time without prior notice.
SUCCESSORS AND ASSIGNS. You agree that the terms and conditions contained in this Release shall be binding upon you, your heirs and legal representatives and assigns.
YOU HAVE READ AND UNDERSTAND THE FOREGOING RELEASE AND ACCEPT AND AGREE TO ITS TERMS VOLUNTARILY.
Oki, Âba wathtech, Danit'ada, Tawnshi, Hello.
SAIT is located on the traditional territories of the Niitsitapi (Blackfoot) and the people of Treaty 7 which includes the Siksika, the Piikani, the Kainai, the Tsuut’ina and the Îyârhe Nakoda of Bearspaw, Chiniki and Goodstoney.
We are situated in an area the Blackfoot tribes traditionally called Moh’kinsstis, where the Bow River meets the Elbow River. We now call it the city of Calgary, which is also home to the Métis Nation of Alberta.