Social Media User Generated Content: Terms & Conditions
We, Mark McDonald Consultancy Ltd, company number 08903521 (“MMCL”/ “we”) love your tweet, post, image and/or photograph and would like to use it to promote the MMCL brand and products and our partners’ brands and products. Please review the below terms and conditions carefully.
By replying #ShareMMCL to our direct social media message, you confirm that you have read, understood and agree to these terms and conditions.
- In consideration of payment to you of £1 (receipt of which you hereby acknowledge), you hereby consent to your tweet, post, image and/or photograph and your user name or handle (together, the “Testimonial”) being used by us in accordance with these terms and conditions. This consideration is the full consideration due to you for your granting and waiver of rights in these terms and conditions and you waive all claims to royalties or other sums in respect of use of the Testimonial.
2. You hereby grant MMCL, our group companies and affiliates, and anyone authorised by us a non-exclusive, non-revocable, perpetual, sub-licensable, royalty-free right (but not the obligation) to use your Testimonial worldwide for any purpose whatsoever for the promotion of MMCL and/or our products [and our partners’ brands and products] in any and all media (including, without limitation, on MMCL’s digital and social media, printed publications, and/ or promotional materials).
3. You agree that the Testimonial may be cut, edited, modified, added to and/or deleted in whole or in part for the purpose of producing and exploiting the Testimonial and for creative derivative works and may be used (or not used) in any other way that we see fit.
4. You acknowledge that by agreeing to these terms and conditions, you waive all rights to review or approve our use of the Testimonial and any derivative works.
5. To the furthest extent permitted by law and to the extent that any such rights have accrued to you in connection with the Testimonial, you hereby unconditionally and irrevocably waive and agree not to assert any and all moral or similar rights and all rights of publicity and privacy in any country in the world in connection with the exploitation of the Testimonial by MMCL and/ or our group companies, affiliates or other licensees.
6. You acknowledge and agree that you are free to enter into this agreement and have full power and authority to grant us all rights and consents granted in it. By providing your permission, you represent and warrant that you own all content in the Testimonial and the Testimonial will not infringe the rights of any third parties.
7. We shall make reasonable efforts to credit you for the Testimonial. However, you agree that this is not mandatory and your permission is not conditional on such credit being provided.
8. You agree that MMCL may use and store: (a) copies of the Testimonial for the purposes set out in these terms and conditions and; (b) your name, email address, social media handle on the MMCL database solely in order to contact you from time to time in respect of our use of the Testimonial or for beauty collaboration purposes.
9. We keep your personal information only for as long as is necessary to fulfil the purpose it was collected for. We are committed to keeping the personal information you provide us secure and we will take reasonable precautions to protect your personal information from loss, misuse or alteration.
10. These terms and conditions shall be governed and interpreted according to the laws of England whose courts have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these terms and conditions.
11. If any provision of these terms and conditions is held to be invalid or unenforceable under applicable law the validity and enforceability of the remaining provisions of these terms and conditions shall not in any way be affected as a result of that omission and the provision in question shall apply with the minimum modifications necessary to make it valid and enforceable.
12. If you have any questions or want to exercise your rights as a data subject (including but not limited to your right of access, rectification or portability), do feel free to contact us at firstname.lastname@example.org.