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Uploading Captions Terms & Conditions

This statement of rights and obligations tells you information about us and the legal terms and conditions (“Terms”) that govern our relationship with users and others who interact with this site (our “Site”).

By creating a user account and uploading or sending any captions (“Captions”) you agree to these Terms as updated from time to time in accordance with clause 6 below. Please read these Terms carefully and make sure that you understand them, before uploading or sending any Caption to our site. Please NOTE your obligations in clause 2 ‘uploading Captions.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to upload any Image to our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 6. Every time you wish to upload Images, please check these Terms to ensure you understand the terms which will apply at that time.

1. Information about us

1.1
We operate the website Spottedrichard.com. We are Spotted Richard Limited, a company registered in England and Wales under company number 07119261 and with our registered office at Calder & Co 16 Charles II Street London United Kingdom SW1Y 4NW. Our main trading address is [insert TRADING ADDRESS]. Our VAT number is [insert VAT NUMBER].

1.2
To contact us, please see our Contact Us page [INSERT HYPERLINK].

2. Uploading Captions

2.1
We cannot guarantee that by uploading your Captions they will be displayed on our Site. We reserve the right to upload only Captions that we have chosen from all uploads. Only some Captions will be chosen for display on our Site and these will be chosen by the Company using our sole discretion. We are under no obligation to upload Captions that we believe using our sole discretion are unsuitable for our Site.

2.2 You confirm that you own the copyright and any other intellectual property right in the Captions (i.e. you wrote the caption yourself).

2.3
You confirm that you are at least 18 years old or have parental permission to upload your Images.

2.4
You acknowledge that you have sufficient written permission (if necessary) of any recognisable locations or people mentioned in the Images to be able to grant us permission to use them on our Site.

2.5
By uploading a Caption to our Site you are granting us a non-exclusive, transferable, sub-licensable, royalty-free license (“License”) to use any IP content for display on our Site in any size or format, and on any pages that we deem suitable. The License shall be valid from the date of the original upload to us from you to the fifth anniversary of that date. You are not, at this stage, transferring your copyright of the Caption. This remains with you until you may be contacted by us in accordance with clause 2.6.

2.6
If we consider purchasing your copyright together with any other intellectual property rights that you have in any Caption, we shall contact you using the contact details you provided when you registered as a user of our Site.

2.7
By uploading any Caption to our Site, you are agreeing to indemnify us from any liability resulting from breaches of copyright or any other intellectual property right of the Caption existing online on our Site in digital form.

2.8
All Captions may be credited with a name and location of the user (if this is made available to us). We reserve the right to correct any errors.

3. Your obligations

3.1 
You will not upload viruses or other malicious code.

3.2 
You will not bully, intimidate or harass any user.

3.3 
You will not upload content that: is hate speech, threatening or pornographic; incites violence; or contains graphic or gratuitous violence.

4. How we use your personal information

Your personal information will be held by us. We shall contact you using the contact details for the purpose of purchasing your copyright any all intellectual property rights in the Caption or for the purposes of sending you the reward in accordance with clause 4. By providing your contact details you are agreeing to receive occasional mailings from us. We will not pass your details on to any other third party.

5. Payment

5.1 
If you are contacted by us in accordance with clause 2.6 for the purposes of our purchase of your copyright together with any other intellectual property rights you have in the Caption, you will be asked to sign a simple deed assigning copyright and any other intellectual property rights you may have in the Caption to us (“Deed of Assignment”).

5.2 
Subject to clause 4.4 and 4.5, within 30 days of the receipt by us of a valid Deed of Assignment in accordance with clause 5.2, we shall send you a payment of £10.00 (“Payment”).

5.3 
The Payment will be sent to you by cheque using the contact details you provided and made payable to the user as registered on our Site.

5.4 
We will not accept any responsibility for failure of the Payment being successfully delivered to you if the contact details you provided are incorrect.

6. Our right to vary these terms

6.1 
We may revise these Terms from time to time in the following circumstances:

(a) changes in how we send the Reward or Payment to you; or
(b) changes in relevant laws and regulatory requirements.

6.2
Every time you upload Images to our Site, the Terms in force at that time will apply to the relationship between you and us.

7. No international uploading

7.1 
Unfortunately, we do not accept uploads to our Site from users outside the UK due to the difference in Copyright and intellectual property laws across different jurisdictions.

8. Liability

8.1 
If we fail to comply these Terms and more particularly clause 5.1, 5.3 and 5.4, we are responsible for loss you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss that is not foreseeable. Subject to the above, our total liability to you shall not exceed the Reward or Payment price.

8.2 
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the use of the Caption. This clause 8.2 shall survive termination of the agreement between us.

9. Events outside our control

9.1 
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.

9.2 
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

9.3 
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

10. Communications between us

10.1 
When we refer, in these Terms, to "in writing", this will include e-mail.

10.2 
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provided to us when registering as a user of our Site.

11. Other important terms

11.1 
We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

11.2 
You may not transfer your rights or your obligations under these Terms to another person.

11.3 
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

11.4
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

11.5 
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.6 
These Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.