We, SILKE London, are so happy you'd like to share your picture or video with us and just had to ask if we, SILKE London, could use it on our marketing channels. Therefore, we’d like to agree with you on the assignment of the right to use your UGC (“User Generated Content” – “UGC”).
By responding to this usage rights request with 'Yes SILKE' you are agreeing to the following terms:
- The right includes the right to edit, namely the right to edit the UGC and to combine it with other elements, such as text or graphic elements. SILKE LONDON shall be entitled to transfer said rights to other parties, including, but not limited to, SILKE LONDON’s affiliated companies as well as agencies.
- You assign to SILKE LONDON the non-exclusive rights (e.g. usage rights, personal rights) to use, publish and disseminate your UGC. This assignment of rights is without limitation as to time (unlimited), territory (worldwide), extent, media (including, but not limited to Online (incl. social media) and SILKE LONDON Intranet) or intention of use.You hereby waive any moral rights in the User Content to which you are now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.
- You hereby release and discharge SILKE London from all and any obligation to pay you for any use of your User Content and for any of the intellectual property rights contained therein in connection with the uses described above.
- You hereby agree to release, discharge, defend, indemnify and hold harmless SILKE London and its employees, contractors, sponsors or any other person acting on SILKE London’s behalf from all claims, causes of action, proceedings, penalties, fines, losses, damages, fees, costs, expenses or other liabilities of whatever nature, including settlements costs, and reasonable attorney fee, courts costs, and other expenses, arising out or in connection with: (i) use by SILKE London and / or its designees of your User Content; (ii) your breach of any terms of these Terms and Conditions; (iii) any breach of your representations and warranties set forth herein; and (iv) your violation of the rights of any third party or any law.
- Should you change your mind about sharing your User Content you must send an email to firstname.lastname@example.org stating that you wish to opt out from the sharing of your User Content.
- SILKE London reserves the right to alter these Terms and Conditions without warning.
The grant of the above mentioned rights shall be made free of charge.
The assigned rights are:
- “non-exclusive” meaning you may use the UGC for your own purposes or let others use your UGC for their purposes;
- “free” meaning free of any charges. We do not owe you anything in connection with our use of your UGC;
- “timely unlimited” meaning that you grant us the license for an indefinite period of time;
- “locally unlimited” meaning we may exercise our rights anywhere in the world;
- “unlimited to any kind of media” meaning that you grant us the license for all kinds of media.
By agreeing to the terms of this USAGE RIGHTS AGREEMENT, YOU PROMISE US
- that you have the right to grant us the usage rights with regards to your UGC in the extent described above;
- that you have permission from all person(s) pictured in your UGC, that the UGC in which they are pictured can be used in the extent described above;
- that you have paid and will pay in full any fees or other payments that may be related to the use of your UGC;
- your UGC does not infringe any legal rights of any third party, for example intellectual property rights or privacy rights;
- you as an individual are at least eighteen (18) years of age or as a legal representative agree to the rights transfer in the extent described above.
This agreement shall be governed by and construed in all respects in accordance with the material laws of England and Wales (excluding the UN Convention on Contracts for the International Sale of Goods as well as any conflict of law rules which may direct that the laws of another jurisdiction be applied).
The exclusive place of jurisdiction for all legal disputes because of or in connection with this agreement is our place of business.
For further information, please contact: email@example.com
Privacy Notice - Processing of Personal Data acc. to Art. 13 and 14 UK GDPR
With the following privacy notice we would like to provide you with information regarding the processing of personal data by SILKE London.
The Controller of the processing of personal data is:
SILKE London Ltd., Unit 8 Bow Enterprise Park, 33 Fittleton Gardens, London, E3 3TZ ("SILKE London").
Contact details of the data protection manager: via the postal address of the controller for the attention of the “data protection manager ”.
The legal basis for the processing is Art. 6. 1 b) UK General Data Protection Regulation (UK GDPR) for fulfilling the purpose of the contract as stated above within the user rights agreement.
SILKE London transfers the collected data for processing to the respective internal functions/units as well as to other affiliated companies within SILKE London Ltd or to external service providers, processors (e.g. hosting, gaining agreement and content providing) in accordance with the purposes required (to fulfil the user rights agreement). Service providers can have access to personal data from a third country (countries outside the UK or outside the European Economic Area) Standard contractual clauses were concluded with these external service providers, unless they are located in countries with a decision on an adequacy basis pursuant to Art. 45 of UK GDPR. However, in the event of a legal obligation, SILKE London reserves the right to disclose information about you if it is required to surrender it by lawful authorities or law enforcement bodies.
Your data will be deleted after the ending of the above-mentioned user rights agreement, unless there are legal storage obligations or periods of limitation that must be complied with. As a general rule, the data will be used and stored for a maximum period of 10 years.
You may at any time object to the processing (applies only when legal basis is Art. 6(1) f) UK GDPR) or withdraw the consent (Art. 6 (1) a) UK GDPR) regarding the use of your personal data for the future. You may also request a rectification or a partial or complete deletion, request information about the data stored by us regarding your person (right of access), obtain restriction of the processing or a transfer of your data, unless this has been restrained in accordance with (local) legislation or if the respective law is not applicable (e.g. the objection is only applicable for the legal basis according to Art. 6 para. 1 e) and f)) UK GDPR.
For this purpose, please contact the above-mentioned Controller.
In the event of your withdrawal/ objection, your personal data will not be processed further and will be subsequently deleted by us, unless further processing with the personal data is required, admissible or otherwise agreed on in accordance with the applicable data protection laws (in particular the UK General Data Protection Regulation) or any other legal provision.
In addition, you have the right to lodge a complaint with a supervisory authority at any time.