Acquire user generated content
Participant Agreement (“Agreement”):
By responding “#YesSoutheastern” to Southeastern Railway Ltd request to use your photograph, other image, text, video, or other content, you agree to the terms and conditions contained in this Agreement.
Your response of “#YesSoutheastern” to Southeastern’s request as described in the paragraph above will sometimes be referred to in this Agreement as your “Consent”, and the act of so responding will sometimes be referred to in this Agreement as “Consenting”. For purposes of this Agreement, “Content” means any and all of the following, individually or in combination: (a) the text, photograph, other visual content, audio clip and/or audio-visual content (in each case, regardless of medium or format) (i) that you have posted to a social media platform such as (but not limited) to Twitter, Facebook and/or Instagram; and (ii) which Southeastern has requested the right to use; and (b) your name, handle, image, likeness, quotation(s) and/or biographical information.
1 By Consenting, you represent and warrant that:
1.2 You are resident in the United Kingdom, who is 18 (eighteen) years of age or older
1.3 You are the author or creator of the Content, or are otherwise authorized to post the Content and grant the rights you are granting in this Agreement
1.4 Without limiting the above, to the extent any individual appears in your Content other than you, or any third party’s rights (for example, trademark or copyright), are included within the Content, you have obtained the permission(s) from such individual(s) and other third party/ies necessary to grant the Permitted Parties (as defined below) the rights to use the Content as contemplated by this Agreement
1.5 The Content does not contain any advertising or other commercial content
1.6 Neither the Content, nor the use thereof by the Permitted Parties as contemplated by this Agreement, will violate any applicable law or infringe the rights of any third party (including, without limitation, trademark rights, copyright, rights of publicity and/or rights of privacy);
1.7 Use of the Content (as contemplated by this Agreement) will not result in payments becoming owed to any party; and
1.8 Nothing contained in the Content is false, inaccurate, or misleading
2. By Consenting, you grant to Southeastern (collectively, the "Permitted Parties") the unrestricted right and permission to use the Content on any one (1) or more of the websites owned or controlled by any one (1) or more of the Permitted Parties, as well as the Facebook, Instagram, Twitter and other social media platforms operated by or on behalf of any one (1) or more of the Permitted Parties. This would also include use in all marketing materials, including posters, digital adverts and partnered third party publications (the "Websites"). By Consenting, you agree that the Content may be distributed, published, exhibited, digitised, displayed, reproduced, modified and otherwise used and exploited, on the Websites, anywhere in the world, at any time, for purposes of advertising or trade in promoting and publicising the Permitted Parties.
3. By Consenting, you agree that you will have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content, and you irrevocably waive any and all so-called moral rights you may have in the Content.
4. By Consenting, you agree that the Permitted Parties may use, edit or reproduce the Content without referencing the author or creator of said Content.
5. If you want your Content removed from the Websites, please contact us
. Please allow 10 working days for us to get back to you.
6. By Consenting, you hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of your warranties, representations or agreements hereunder.
7. By Consenting, you understand and agree that (a) the Permitted Parties will have no obligation to use the Content (or any part thereof) in any way; and (b) the Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in their sole discretion.