Social Media Rights
PLEASE READ THESE TERMS AND CONDITIONS (TERMS) CAREFULLY. BY HASH TAGGING [#YESTHORPE] YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS IN RELATION TO OUR USE OF YOUR CONTENT.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT RESPOND TO OUR REQUEST TO USE YOUR CONTENT.
Who we are and how to contact us.
Thorpe Park Operations Limited trading as Thorpe Park is registered in England and Wales under company number 06127478 whose registered office is at Link House, 25 West Street, Poole, Dorset, BH15 1LD (Thorpe Park).
If you have any queries relating to these Terms please contact us on email@example.com
What these terms cover.
These are the terms and conditions on which you licence to Thorpe Park, its subsidiaries, affiliates, licensees, its subcontractors, consultants and agents including without limitation Merlin Entertainments Group Limited (company number 05022287) and Merlin Entertainments Plc (together referred to as "Thorpe Park Group", "we" or "us") the use of all images and materials (including photographs, audio and video material) (Content), which is owned or licensed by you in whatever medium or form.
Term of this licence.
This licence shall commence on the date that you indicate your acceptance of these Terms by placing a hash tag on the relevant social media platforms agreeing to Thorpe Park Group's use of the Content.
Grant of licence.
In consideration of Thorpe Park Group displaying your Content on a website connected with Thorpe Park Group or a website promoting 'Thorpe Park Resort', you hereby unconditionally and irrevocably grant to Thorpe Park Group, a perpetual, non-exclusive, fully-transferable, royalty-free, worldwide, sub-licensable licence to use, copy, reproduce, modify, transmit, publish, edit, display and make derivative works of the Content on any media now known, or hereafter developed, in formats and contexts for any purpose including but not limited to the promotion of the service or related business activities and the right to make commercial use of the Content and excerpts of the Content in advertisements for, and in marketing and promotional materials related to, the Thorpe Park Group (the "Licensed Rights").
You hereby waive any and all moral rights or similar rights that you may have in the Content and understand that Thorpe Park Group shall be under no obligation to credit you or publically acknowledge your rights in the Content.
Your rights in the Content.
You retain all rights in the Content and nothing in these Terms shall be taken to grant any rights to Thorpe Park Group in relation to ownership of the Content.
You understand that in providing us with the Licensed Rights, Thorpe Park Group shall have absolute discretion in whether it uses the Content and shall not be obliged to use, distribute, display or make derivative works of the Content.
Each party warrants to the other that it has full power and authority to enter into these Terms.
You warrant to Thorpe Park Group that you:
• own or control all the rights necessary to grant Thorpe Park Group the Licensed Rights referred to above;
• the Content does not infringe the rights of any third party (including without limitation copyright, moral rights, privacy rights and publicity rights);
• and you have obtained all relevant consents, releases and waivers to permit the public distribution of the Content;
• the Content does not infringe any third party's intellectual property rights, other proprietary rights or rights of publicity or privacy;
• the Content does not contain any viruses, Trojan horses, worms, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
Limitation of remedies and liability.
Nothing in these Terms shall operate to exclude or limit either party's liability for:
• death or personal injury caused by its negligence; or
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
• any other liability which cannot be excluded or limited under applicable law.
Transfer of rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, we may transfer our rights and obligations under these Terms to another organisation.
Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be by pre-paid first-class post or other next working day delivery service at its registered office (if a company); or sent by email to the address specified in above (in relation to us) or the email address used on the social media website for which we obtained your Content.
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, licences, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Nobody else has any rights under this contract
No one other than the parties, their successors and permitted assignees, shall have any right to enforce any of its terms.
Variation to these Terms.
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Which country's laws apply to any disputes?
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation are governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these Terms or its subject matter or formation.