These terms and conditions govern the use of your user generated content by Butlins Skyline Limited (“Butlin’s”, “we”, or “us”). By accepting our terms and conditions, as further detailed below, you are allowing Butlin’s to use your content for marketing, promotional and advertising purposes.
From time to time, we may wish to share your photographs, videos, text, social media identifier, information, images, graphics or other media (the “Content”) with other third parties.
If we are interested in using your Content, we will seek your permission by commenting on, or responding to, your Content. This request will include a link to these Terms and Conditions. By replying to our message with the response ‘#YesButlins’, you are indicating that you are happy for us to share your Content and that you agree to these Terms and Conditions.
By submitting your image or video in response to the 2021 phone wallpaper Twitter post (13th Jan 2021), you hereby grant a perpetual and irrevocable license to use said content across Butlin's marketing channels including but not limited to social media and the Butlin's website.
You may only grant us permission to use your Content if you are 18 years or older, or, if any individual under the age of 18 is depicted in the Content, then a parent or guardian with legal responsibility has provided permission on behalf of that individual.
Butlin’s Use of the Content
If you permit Butlin’s to use your Content, you agree to grant us a royalty-free, non-exclusive, irrevocable, perpetual, worldwide licence (with the right to sub-licence on the same terms) to use, republish, adapt, edit or modify, share, broadcast, display or otherwise disseminate your Content for any purpose whatsoever, including advertising, marketing and promotional purposes, on or in any medium that we deem appropriate. For the avoidance of doubt, you will remain the owner of your Content.
Butlin’s provides no guarantee or assurance that your Content will be used, and we may delete, edit or remove any of the Content at any time at our sole discretion.
In providing your consent to the use of the Content as described in these terms and conditions, you waive any right to: the payment of any royalties in relation to the Content; any moral rights in the Content; and any right to review or object to the onward use of the Content by Butlin’s.
You represent and warrant to Butlin’s that:
- In providing your consent to our use of the Content, you have read and agreed to be bound by these terms and conditions and that you have full right and authority to enter into these terms and conditions;
- Your Content will not infringe upon the intellectual property rights of any third parties, nor will the use by Butlin’s of the Content infringe any applicable laws or regulations;
- You have sought permission from any third parties appearing in the Content to their image, likeness or personal data being processed by Butlin’s for the purposes set out in these terms and conditions; and
- You have obtained all rights necessary to grant the rights to Butlin’s as set out in these terms and conditions.
Liability and Indemnification
You acknowledge that Butlin’s is not responsible for and has no liability to you or any third parties, for any use of any of your Content.
You agree to indemnify Butlin’s, its officers, directors, employees, agents, licensees and successors from any and all claims, damages, liabilities, costs and expenses that we have incurred or may incur as a result of our use of the Content, or your breach or alleged breach of these terms and conditions.
These terms and conditions represent the entire agreement between you and us in relation to our use of the Content and supersede all prior agreements and/or understandings. No modifications, amendments or waivers of these terms will be effective unless in writing and signed by both you and Butlin’s.
Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual claims or disputes) arising out of or in connection with the terms and conditions or the Content. These terms shall be governed by and construed in accordance with the law of England and Wales.