USER GENERATED CONTENT POLICY - "UGC"
Examples of User Generated Content: shop & product reviews (including photo & videos). Comments, photos and videos on our social media accounts. Please read and make sure you agree to the below if you are posting any content to our site or social media accounts for reviews, contests or any other reason.
Publication of User generated Content ‘UGC’ will be at the sole discretion of Elephant Box and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication. Please note, any UGC you submit will be considered non-confidential and non-proprietary.
By submitting UCG to our website or on social media you hereby grant Elephant Box a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) without restriction. You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause
Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows: that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC and to you submitting the UGC to our website and where featured or identified individuals are under the age of 18, that you either: are the parent or legal guardian or such featured or identified individuals, or have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC to our Website.
You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.
You warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not: infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or contain any material which is defamatory of any person; and/or contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation.