1. The Provider owns and runs, among other projects of the tourism industry, Travel by Interest (TBI), which is an Online Hotel Search & Content Creation Platform. Its scope is to present selected hotels and/or properties (hereinafter the "Property") sorted in various themed hotel collections and generate new and original content for the Property as well as new and original travel related content. This license agreement refers and applies to all services and activities provided by the Provider to the User, in relation to TBI, as well as for all on going and future Provider’s projects, both offline and online (including www.travelbyinterest.com), as defined in Terms & Conditions, and/or in written agreement(s) between the Provider and the User, if written agreement(s) has/have been signed.
2. By granting this license to the Provider, the User agrees and grants the Provider permission and a non-exclusive, unlimited, worldwide, royalty-free license to use User's and/or the Property’s trade name, distinctive title, logos, trademarks, website link (URL), intellectual property rights/copyright in photographs and audiovisual material and in general the User’s intellectual and industrial property rights (hereinafter the “IP rights”), as well as all the promotional (physical or digital) and photographic/audiovisual material provided by the User regardless its protection by IP rights (hereinafter the “Material”) for the provision of the services agreed between the parties, if written agreement(s) has/have been signed, or as defined in Terms & Conditions, if written agreement(s) has/have not been signed. The IP rights can be used either in www.travelbyinterest.com and/or in third party’s platforms and applications, such as Google, Facebook and Instagram or as the case may be in services defined in the written agreements between the Provider and the User. The Provider accepts the granting of the license. It is hereby agreed and the User acknowledges that in case the User deactivates its account or in case the Provider deactivates the User's account, the termination of the license will only affect future use of the IP rights and of the Material. It is also agreed between the User and the Provider that the Provider has the right to use User's IP rights and Material for any marketing and publication reasons.
The Provider has also the right to download and use photographic material that is published in the Property’s official website, without requesting an additional permission, for all the above described uses and scopes. In any case the permission for the above mentioned downloading and use of the photographic material is hereby granted.
The User also grants the Provider the right to integrate within the Property’s landing page(s) within www.travelbyinterest.com, the Property’s official booking engine, the Property's Official Website link (URL), as well as the Property’s public social media accounts, e.g. Instagram and Facebook (if such functionality is provided by the Social Media).
3. The User represents and warrants that:
(1) it has the right, power and authority to grant the rights granted herein;
(2) the IP rights and Material shall not infringe intellectual property rights of any third party and/or any rights of publicity or privacy and/or the laws and regulations regarding data protection and/or violate any law;
(3) it shall indemnify and hold the Provider harmless against all costs, claims, demands, expenses and liabilities of whatsoever nature, including reasonable attorney fees, arising out of or in connection with any claim that the IP rights provided by the Hotel infringe the intellectual property rights (of whatever nature) or other rights of any third party.
4. Official correspondence and communication between the parties will be made via the official e-mail addresses of each party in English. All email messages exchanged between the parties are considered as valid and official (this includes emails concerning pricing or agreements between the parties). The Provider’s official e-mail addresses are all the e-mail addresses followed by @travelbyinterest.com and @destsetters.com.
5. This licensing agreement is subject to Greek law. In case of dispute between the Parties relating to the formation, validity, interpretation and/or execution of this licensing agreement (including tort), express grant of jurisdiction is given to the Courts of the city of Athens. The exclusive jurisdiction of Athens Courts includes interim measures, temporary restraint orders and disputes arising from tort.