First Choice UGC Terms & Conditions
The firstchoice.co.uk website, related and affiliated websites, mobile applications, and social media pages owned and/or operated by First Choice (as a brand of TUI UK Limited which is the responsible legal entity) may include a variety of interactive services, such as online surveys, instant messaging, forums, blogs and competitions. You may be able to submit materials, information, photos, videos, tweets, posts, images and/or other online/ electronic content (“User Content”) using these services and/or through various interactive services available on certain third-party websites and social media platforms. You may use these such services to submit User Content (for example, using hashtags we promote, such as our brand hashtags, or commenting on our social media pages).
By submitting User Content and/or responding “yes” to a request from First Choice for you to consent to these First Choice Social Media Marketing Terms and Conditions (“Terms”), you hereby agree to the following terms and conditions:
1. Ownership of User Content. First Choice does not claim ownership of User Content, including any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the First Choice Sites; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which may be tagged to First Choice (including but not limited to tags such as #myfirstchoice, etc.).
2.Grant of Rights to User Content. With regard to any User Content that you submit to First Choice via the First Choice Site or that you tag with the First Choice brand, as described in Section 1(ii), above, you hereby grant to First Choice (i.e. TUI UK Ltd) , its agents, employees, legal representatives, and assigns, and those acting under its permission and upon its authority, or those for whom First Choice is acting, a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license to (a) use or share the User Content in any media; (b) to edit, change or alter such User Content, at First Choice’s sole discretion; and (c) to sublicense such User Content to third-parties. To the extent that User Content is submitted through your social media accounts or contains such information, you also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the User Content. You further grant First Choice a license to use such User Content, for art, advertising, trade or any other lawful purpose whatsoever in any media throughout the world, in perpetuity. For the avoidance of any and all doubt, First Choice is and shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Further, First Choice shall have no obligation to monitor User Content, use or display User Content, or respond to any User Content. Moreover, First Choice retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. You waive any right that you may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied, and you acknowledge and agree that you will receive no compensation from us for our use of the User Content under these licenses. Finally, the foregoing licenses shall survive termination and/or expiration of these Terms for any reason.
3.Representations and Warranties. For each submission of any User Content, you represent and warrant and certify that:
- you have all rights necessary to grant these licenses (including without limitation rights in any third-party trademarks and copyrights, including any musical compositions and/or sound recordings embodied or embedded in any Content) and, to the extent applicable, you have obtained all necessary permission(s) from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
- such User Content and your submission of such User Content to First Choice complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party;
- you are at least 18 years old, are legally able to enter into this contract and are doing so of your own free will and without coercion from any party, related to or independent from the project;
- the User Content does not include any images, video or other likeness of any persons under the age of 18 years old (a “Minor”) except for Minors for which you are the parent or legal guardian and for such Minor(s), you certify that you are the parent or legal guardian of such Child and give your agreement, consent and approval to these First Choice Social Media Marketing Terms and Conditions in respect of your Child;
- the User Content does not contain any addresses, email addresses, phone numbers or any contact information or contain computer viruses or other harmful files; and
- you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.
4.You Have Sole Responsibility for Your User Content. You acknowledge and agree that you are solely responsible for any User Content you submit, and for any consequences thereof, including the use of any such User Content by third parties. You understand that your User Content may be accessible to other parties, who may be able to share your User Content with others and to make it available elsewhere, including on other sites and platforms.
5.Responsibility for Other User Content. First Choice does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. You acknowledge and agree that First Choice has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. First Choice may investigate, at its sole discretion, any instances that it becomes aware of in which any User Content does not or may not conform to these Terms and decide whether to take action in accordance with these Terms; however, First Choice acts as a passive conduit for User Content and has no obligation to screen or monitor such User Content. Further, First Choice has no liability or responsibility to users for performance or non-performance of such activities.
6.Release and Discharge. By submitting or posting the User Content, you hereby fully and unconditionally release, forever discharge and agree to hold harmless First Choice, its officers, directors, agents, employees, legal representatives or assigns, and all persons acting under its permission or upon its authority or for whom it is acting, from any and all claims, demands, damages (actual or consequential, direct or indirect) and liability, whether now known or unknown, of every kind and nature relating to, arising out of or in any way connection with: (a) First Choice’s use of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. according to these First Choice Social Media Marketing Terms and Conditions; (b) from any liability by virtue of any blurring, distortion, alteration, optical illusion by First Choice; (c) First Choice’s use of the Content in composite form, whether intentional or otherwise, that may occur or be produced in any processing tending towards the completion of the finished product; and (d any disputes between you and one or more users or any other person or entity.
FIRST CHOICE HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST FIRST CHOICE FOR SUCH REMOVAL AND/OR DELETION. FIRST CHOICE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.