What is this about?
Your Instagram photo got our attention – and we want to share it with the world! We would like to use the photo(s) you posted on Instagram on some or all of EcoWorld Ballymore’s social media channels, websites, digital advertising and printed media relating to Embassy Gardens.
Your representations and warranties
It is important that we make sure that no rights will be infringed through the use of your photos(s) before we use them. By responding to our message from the Embassy Gardens Instagram account with “#YesEG”, you therefore represent and warrant that:
- you are eighteen (18) years of age or older;
- you own all rights in and to your photo(s);
- you have permission from any person(s) appearing in your photo(s) to grant the rights detailed in these terms and conditions;
- our use of your photo(s) will not infringe the intellectual property or other rights of any third party or violate any law;
- you have read and agree to these terms and conditions; and
you also indemnify, defend and hold EcoWorld Ballymore and any person acting on our behalf harmless from and against any claims, damages, liabilities, costs and in connection with the use of the photo(s) as described in these terms and conditions; and
Rights granted by you to Embassy Gardens and EcoWorld Ballymore
By responding to our message from the Embassy Gardens Instagram account with “#YesEG”, you grant to us:
- an unlimited, non-exclusive, assignable, sublicensable, worldwide and perpetual right to use the photo(s) you post or have already posted on Instagram that contain an Embassy Gardens or EcoWorld Ballymore-related hashtag, tag Embassy Gardens, or are geo-located at Embassy Gardens; and
- all necessary consents required for us to change, publish, distribute, exhibit and otherwise use the photo(s) as digital and non-digital content, whether alone or as part of or in conjunction with other work and on an unlimited basis.
Your photo(s) may be used, for example, across EcoWorld Ballymore’s social media channels (including Instagram and Facebook), websites, digital advertising and printed media (including but not limited to brochures and other promotional material) relating to Embassy Gardens, within the Embassy Gardens marketing suite and onsite at Embassy Gardens. However, we are under no obligation to use your photo(s).
What is in it for me?
Your photo(s) will not only be visible to visitors of your Instagram feed but to all people who see EcoWorld Ballymore’s social media channels, websites, digital advertising and printed media relating to Embassy Gardens – you have the opportunity to inspire others with your photos! In return, by responding to our message from the Embassy Gardens Instagram account with “#YesEG’, you release and discharge us from all and any obligation to pay you for any use of your photo(s) and any of the intellectual property or other rights contained in it/them in connection with the uses described in these terms and conditions.
What if I change my mind?
You can always revoke the rights and consents granted to EcoWorld Ballymore by deleting the Embassy Gardens and/or EcoWorld Ballymore or hashtag attached to the photo(s) or the photo(s) itself. Please contact us on firstname.lastname@example.org to make us aware that you are revoking your permission. While existing print media cannot be recalled, we will remove your photo(s) from our files to prevent future usage.
Limitation of liability
By responding to our message from the Embassy Gardens Instagram account with “#YesEG”, a legally binding licence agreement between you and EcoWorld Ballymore is concluded. We wish to minimise the legal risks to us with the following limitation of liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR: (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; (ii) loss of profits; (iii) loss or damage to sales, business, contracts, goodwill or business opportunities; (iv) loss of income or anticipated savings; (v) loss of use or corruption of data or information; or (vi) any other liability whatsoever which occurs in relation to THE USE OF THE PHOTO(S) AS DESCRIBED IN THESE TERMS AND CONDITIONS, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In these terms and conditions, references to “EcoWorld Ballymore”, “we”, “our” and “us” mean all and any of:
- Eco World – Ballymore Holding Company Limited, incorporated in Jersey with company number 117383 whose registered office is at 22 Grenville Street St Helier Jersey JE4 8PX; and
- any joint venture between any of the aforementioned company and any subsidiary from time to time of a holding company of the aforementioned company.