DEXERTO’S USER GENERATED CONTENT TERMS OF USE - Dexerto

DEXERTO’S USER GENERATED CONTENT TERMS OF USE

 

  1. BACKGROUND

1.1          Dexerto Limited (“Dexerto”) is seeking users to grant their permission to Dexerto to feature submitted content on our various sites, social channels, and various promotional materials. You are reading this because you are considering submitting content to Dexerto and granting us your permission to use your content in this way, or we’ve reached out to request your permission to use your content in this way.

1.2          If you choose to allow us to use your video content (the “User Content”) by either submission through this web form or by granting us permission through communication, you agree to these Terms of Use, as well as the Facebook, Twitter, Instagram, YouTube, Snapchat or other social channel terms and conditions of use (as applicable) and you certify that you are at least 18 years of age.

1.3          Dexerto may collect and otherwise utilize the User Content, including photos, graphics, audio, video, comments and other materials from social media sites, on the Dexerto website (Dexerto.com) (the “Site”), Dexerto’s social media channels including but not limited to Facebook, Twitter, Instagram, YouTube and Snapchat, and its other properties (the “Dexerto Properties”), for use in connection with its business, including Dexerto product features, marketing, promotional, advertising and other consumer-related activities (“Dexerto Activities”).

2                USER CONTENT LICENCE

2.1          You hereby grant to Dexerto and its related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing and public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

2.2          The Licensed Parties may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible the User Content in any manner in their sole discretion, with no obligation to you whatsoever.

2.3          You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

2.4          You hereby agree and represent and warrant that:

2.4.1              you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content;

2.4.2              you are solely responsible for your User Content;

2.4.3              the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, proprietary or other rights, of any third party, or any law, rule or regulation;

2.4.4              to the extent permissible by law, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Content

2.4.5              you are 18 years of age or over; and

2.4.6              the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability.

2.5          The Licensed Parties reserve the right to remove any User Content from the Site and Dexerto Properties in their sole discretion. If you believe any content, including User Content, residing on the Site or Dexerto Properties or displayed or used in connection with Dexerto Activities infringes any person or entity’s copyright rights, please notify us.

2.6          The Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission by you in relation to the User Content or otherwise, except pursuant to the Licensed Parties’ respective privacy policies.

2.7          By using the Site and/or Dexerto Properties, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using the Site or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms of Use, Dexerto privacy policy and applicable data protection laws and regulations.

2.8          You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

3                DEXERTO INTELLECTUAL PROPERTY RIGHTS

3.1          You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Dexerto by authorising use of your User Content or otherwise using or accessing the Site, Dexerto Activities or Dexerto Properties.

4                MISCELLANEOUS

4.1          These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Dexerto’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.

4.2          Dexerto reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorisation to feature your User Content.

4.3          You agree that if Dexerto does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Dexerto has the benefit of under any applicable law), this will not be taken to be a formal waiver of Dexerto’s rights and that those rights or remedies will still be available to Dexerto.

4.4          If any part of these Terms of Use becomes invalid, illegal or unenforceable in any respect under any law or for any other reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

4.5          These terms and conditions (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts.