Content
Use Rights
Compliance With Terms For Third Party Websites
Deletion of Content
Representations and Warranties/Indemnification
Limitation of Liability and Damages
Amendments
Illegality
Reporting
Governing Law

CONTENT

You retain any copyright you may have in the Content. You hereby grant to Kerzner International Limited (“Kerzner", “One&Only” or “we”) and its parent and affiliated companies and their successors and assigns (collectively, the "Permitted Parties") the right and permission to use your Content posted to a social media platform using one of One&Only resorts’ Geotag locations or Hashtag and social handles such as Instagram content on the One&Only Websites. We reserve the right, in our sole discretion, to determine which Content to include. We may publish, review, modify or remove all or part of your Content at our sole discretion.

USE RIGHTS

The Content grants the Permitted Parties a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use, copy, distribute, publish, exhibit, reproduce, digitize, modify, adapt, create derivative works from, publicly perform, publicly display, incorporate, and otherwise exploit such Content for any purpose anywhere in the world. Permitted Parties are entitled to assign or sublicense all or a portion of this license in its entirety, without payment to you. You acknowledge and agree that: (a) Permitted Parties have the right to arrange the posting of Content in any way in its sole discretion without your approval; (b) Permitted Parties have no obligation to provide you with any credit when using your Content, but if Permitted Parties choose to provide you with credit, the size and placement of the credit is at their sole discretion; (c) any "moral rights" in your Content are waived; and (d) you are not entitled to any compensation or other payment from the Permitted Parties in connection with use of your Content. You agree that you will have no approval rights, no claim to compensation, no claim (including, without limitation, claims based upon breach of privacy, defamation or intellectual property infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content.

COMPLIANCE WITH TERMS FOR THIRD PARTY WEBSITES

In order to post Content on the Websites, you will adhere with any applicable terms and conditions. You acknowledge that you may be exposed to Content from a variety of sources, and that Permitted Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

DELETION OF CONTENT

You may request that we remove your Content. We will use commercially reasonable efforts to ensure that your Content is deleted, subject to the limitation that we may be unable to fully delete all of your Content, particularly any Content posted on other user pages or third party websites. We reserve the right to retain any Content as necessary for legal or compliance purposes. You understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof); and (b) that Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in their sole discretion including to comply with applicable laws or due to complaints. You acknowledge and agree that Permitted Parties have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove Content at any time for any reason.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION

You warrant: (a) you have the right to post the Content; (b) neither the Content nor the use of the Content will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws; (c) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; and (d) the Content does not contain any advertising or other commercial content. You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of these warranties and representations.

LIMITATION OF LIABILITY & DAMAGES

You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys' fees be recoverable; and (c) under no circumstances, including for negligence, will and Permitted Party be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that the neither the Permitted Parties nor any of their officers, directors, employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will any of the Permitted Parties be held liable for any damage to computer systems, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. IN NO EVENT WILL ANY OF THE PERMITTED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).

AMENDMENTS

We reserve the right to amend these Guidelines at any time. Such amendments shall be effective at the date of posting.

ILLEGALITY

If any part of these Guidelines is found to be unlawful or unenforceable, the unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Guidelines shall remain in full force and effect.

REPORTING

If you have any questions or complaints regarding these Guidelines or any requests concerning your personal information, please contact us by email at info@oneandonlyresorts.com

GOVERNING LAW

You agree that any and all disputes that you may have with, or claims you may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms shall be governed by the laws of Dubai and the applicable federal laws of the United Arab Emirates.

Content guidelines