Terms & Conditions for Customer Content
By submitting any content to David Austin Roses, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- you are at least 18 years old;
- use of the content you supply does not violate these Terms & Conditions and will not cause injury to any person or entity.You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold David Austin Roses (and its directors, employees and third-party service providers, including but not limited to our User Generated Content service provider, Pixlee) harmless from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including reasonable solicitors' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant David Austin Roses a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at sole discretion of David Austin Roses, who reserve the right to change, condense or delete any content on davidaustinroses.co.uk, eu.davidaustinroses.com and davidaustinroses.com that David Austin Roses deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms & Conditions. David Austin Roses reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not David Austin Roses, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of David Austin Roses or third-party service providers and their respective directors, officers and employees.
By commenting “Yes” or “Agree” in response to David Austin Roses when prompted on social media:
- You agree to allow David Austin Roses to use, for the purposes set out below, your photograph, video and any other media content you submit (Your Content).
- You grant David Austin Roses exclusive permission to use Your content in support of any advertising and promotional activities carried out by David Austin Roses. This may include, without limitation David Austin Roses to use your content in any advertising and promotional material (including print, online or social media advertisement campaigns.)
- You grant David Austin Roses a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute Your Content and/or incorporate Your Content into any form, medium or technology throughout the world without compensation to you. This may include David Austin Roses distributing Your Content to a third party provider for use in any David Austin Roses related advertisement campaign.
- You confirm that you are the parent or guardian of any children featured in Your Content, or that you have obtained the express authorisation from the parent or guardian of any children featuring in Your Content.
You understand that for the purposes of administering our user generated content service, it may be necessary for David Austin Roses to hold and process your personal data and for your likeness to be in the public domain. David Austin Roses will process your personal information in line with our Privacy Policies: