User Content Terms and Conditions (UK)
DEFINED WORDS: In these terms and conditions (“Terms”) a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms to “we”, “us” or “our” is a reference to Moonpig.com Limited (“Moonpig”). Any reference to “you” or “your” is a reference to you, or any consumer who visits our website and these references may be used interchangeably. Please read these legally binding Terms carefully before providing any User Content to Moonpig. By providing any User Content to Moonpig, you hereby confirm your agreement to these Terms.
These Terms are made in relation to any User Content generated by you which shall mean, and include any of the following: any comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information, which are made, posted or shared by you on any social-media account (“User Content”),
Pursuant to paragraph 2 of these Terms, Moonpig, in the normal course of its business, may contact non-paid content providers like you in relation to the use of any generated User Content made available by you.
You own all rights in the User Content.
You hereby consent, and you confirm you have obtained all necessary consents, required in sharing the User Content with Moonpig.
You confirm that the User Content, and/or its use by Moonpig and any Moonpig group company do not violate, misappropriate or infringe the rights of any other person or entity, including but not limited to, any privacy rights, intellectual property rights, publicity rights and any other applicable rights. We retain the right to disclose your identity to any third party who is claiming that User Content provided by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You confirm that all express consent(s) and necessary waivers required have been obtained by you for use by Moonpig and/or by the Moonpig group companies to use the User Content as described under these Terms.
You confirm that all requisite authorities from any individuals featuring in the User Content has been obtained by you for use by Moonpig and/or by the Moonpig group companies to use the User Content as described under these Terms.
You confirm you are at least 18 years of age (verification of this may be reasonably requested.
2. You hereby grant Moonpig and its Moonpig group companies, a perpetual, non-exclusive, royalty-free, worldwide, irrevocable, licence to use (including a right to sub-licence), modify and reproduce the User Content and acknowledge Moonpig’s desire to display the User Content in electronic communications (including Moonpig website, the Moonpig group company websites and any Moonpig phone applications), and/or other online media platforms, including on social media and any other marketing and that this use may be for commercial purposes.
3. You agree that you may not be credited or acknowledged for any User Content made available for use by Moonpig and/or the Moonpig group companies, and you hereby waive any and all moral rights in the User Content.
4. You agree that Moonpig may use your User Content around the world for commercial purposes and that you are not entitled to any fee, commission or payment for said usage.
5. You agree that any usage, whether commercial or not, of the User Content by Moonpig and/ or any Moonpig group company, shall not create any partnership, association, sponsorship, representation or affiliation, whether actual or apparent, in any manner between Moonpig and you. For the avoidance of doubt, you shall not purport, directly or indirectly, to be linked to Moonpig in any manner through Moonpig’s usage of the User Content.
6. You agree that Moonpig is not obliged to use any of your User Content.
7. You may revoke the rights that you have granted to Moonpig to use the User Content by emailing Moonpig at [email protected] From the time Moonpig receives your sufficient notice, Moonpig will remove the User Content from its digital displays (e.g., the Moonpig official social media pages) within 30 days and shall remove the User Content within 60 days from Moonpig’s non-digital displays (e.g., the Moonpig blog).
8. You will ensure that any notification to revoke the rights that you have granted to Moonpig will includes
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit Moonpig to locate the material on our website;
information reasonably sufficient to permit us to contact you, such as an address and an email address;
a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
a statement by you, that the above information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and your physical or electronic signature; and
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may remove the identified materials without liability.
9. You hereby release Moonpig and/or the Moonpig group companies and any of its affiliates, employees, officers and associated parties, and any other third parties used in conjunction with Moonpig’s normal services, that shall use the User Content made available by you from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable legal fees and expenses relating to or arising out of the use of your User Content as contemplated by these Terms.
10. These Terms shall exclusively be governed by English law and both you and we hereby agree to submit to the courts of England and Wales who shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.