Hi there, welcome to the legal jargon where we explain how using #StayK and/or responding to a direct message with “Agree” gives us permission to share your picture, text, and/or video recording. Thanks again for sharing your rad Visual Content with us, and in return, we’ll continue to help you plan and book your travels with confidence.
Permissions
By using the hashtag #StayK and/or responding to a direct message with “Agree,” you hereby agree to the following terms and conditions (the “Terms and Conditions”) and grant KAYAK Hotels, its affiliates, subsidiaries, and sister companies an irrevocable, unrestricted, royalty-free, perpetual, worldwide, right and license to use, publish, display, broadcast, modify and distribute any illustrations, photos, images, text, videos, video recordings, films, audio tapes or recordings, music, songs, song recordings, digital images, digital videos, social media handle and date of post(s), comments (text, rating(s), review(s)), or information relating to the visual content requested (hereinafter, the “Visual Content”), including those bearing the name, voice, image, likeness, and/or any other identifiable representation of yourself or any individual (collectively, “Individual Likeness”) in any and all (i) formats, mediums, channels, platforms, regions (ii) KAYAK Hotels services, KAYAK Hotels websites (whether desktop, mobile, tablet, or other internet sites), KAYAK Hotels’ mobile, tablet, and other applications, (iii) KAYAK Hotels affiliate, white-label, and co-branded websites, (iv) promotions, events, marketing, and advertising, (v) social media, (vi) third party platforms or technologies where KAYAK Hotels services are provided (including but not limited to devices, bots, messengers, virtual reality, Slack chats, Alexa, Facebook Messenger Bot, Google Home, Microsoft Teams, Apple Watch and TV, and any other future new technologies, etc.), and (vi) other applications and technology tools provided by KAYAK Hotels. The term “KAYAK Hotels” means KAYAK RE Holdings, LLC and all of its “KAYAK” branded hotels, including, but not limited to, KAYAK Miami Beach. Deleting the hashtag #StayK or making the social media profile private after having commented #StayK does not effectuate a withdrawal of consent. Similarly, deleting your response of “Agree” to a direct message after having given your affirmative response does not effectuate a withdrawal of consent.
Warranties and Representations
By agreeing to the Terms and Conditions, you warrant and represent that: (a) you have all the necessary rights in the Visual Content in order to license the rights described above to KAYAK Hotels; (b) you have paid or will pay in full any fees or other payments that may be related to the use of the Visual Content; (c) the Visual Content does not infringe upon any copyright, trademark, privacy right, publicity right or other intellectual property right belonging to any person or entity; (d) any publication of the Visual Content by KAYAK Hotels will not infringe on the rights of any third parties; (e) you have obtained affirmative consent from all persons (and parents or legal guardians of any minors) whose name, voice, image, likeness and/or any other identifiable representation are included in the Visual Content to use their personal data for the purposes set forth in these Terms and Conditions; and (f) you will indemnify and hold harmless KAYAK Hotels from any claims to the contrary.
Reservation of Rights
KAYAK Hotels reserves the right to alter, change or modify the Visual Content, in its sole discretion. You hereby waive any right you may have to inspect or approve any use of the Visual Content by KAYAK Hotels, including any part or element thereof that incorporates Individual Likeness.
Acknowledgement and Agreement
You hereby acknowledge and agree to the Terms and Conditions. You acknowledge that you have fully read and understand this document and that you have had any questions regarding its effect or the meaning of its terms answered to my satisfaction. You certify that you are at least 18 years of age or the age of majority where you reside.
Last Updated: June 9, 2021.
