UGC Terms & Conditions

The selection of user generated social media and other digital content for use on Herdy owned social media channels and websites (“Activity”) is carried out by The Herdy Company Ltd (“Herdy’) and by third parties acting on the Company’s behalf. You cannot apply or expect your content to be used, and the selections made are final and not subject to legal recourse.

You must be over 16 years of age to share your digital content with Herdy.

The selection of content is for digital media only, i.e. online or content delivered to us via email. You must have a valid Facebook, Twitter, YouTube, Instagram or Pinterest account.

You do not need to purchase anything from Herdy for your content to be selected.

Periodically, Herdy selects content that has been posted online in social media channels that is relevant and or conforms with the brand vision, principles and guidelines, including text, image, video, or social media post on Facebook, Twitter, YouTube, Instagram or Pinterest.

The content selected is chosen to be re-used on any of Herdy’s owned social media channels including Facebook, Twitter, YouTube, Instagram or Pinterest.

The selected content must feature the yourself only. Group pictures, photographs, videos are not permitted unless each person featured gives their explicit consent and accepts these terms and conditions and use of their image prior to use by Herdy.

The content can only be your own creation with nothing sourced from third parties and you warrant the content as such.

Herdy will only select content for use by us in accordance with these terms and conditions.

Content Release

When your content is selected for use, you will be contacted via one of the social media channels or by email and asked for your consent to allow Herdy to re-use your content on our own social media channels and websites. You will be asked to reply with the hashtag #herdyphotos and confirm your approval of these terms and conditions.

Your direct response using the hashtag #herdyphotos is required to release the content. If no response is received from you within 7 days the content will be rejected and not used.

By releasing your content, it may automatically appear on Herdy’s owned social media channels (Facebook, Twitter, YouTube, Instagram or Pinterest) or on our websites. Your profile picture and profile name will appear next to the content on our social media channels. Where the content is used on our website, your name will appear as a contributor of content.

Herdy reserves the right not to use or to remove the released content at any time.

If you delete the content on the original platform of posting, it will be deleted from Herdy’s social media channels if the two platforms are linked, subject to any delays for technical reasons. If Herdy has used your content on other channels, or its websites, you can call our Social Media Administrator on 01539 739202 and ask for the content to be removed. The removal of content will take place within a reasonable period of time.

Transfer of rights

By releasing your content to us, you grant Herdy and its representatives a non-exclusive, worldwide transferrable, royalty free, irrevocable, perpetual right and license without compensation to use as described, the content on Herdy’s Facebook, Twitter, YouTube, Instagram or Pinterest social media channels, and its websites.

In relations to content, you represent and warrant that you have all the rights necessary to grant these licences, and that your content, and provision or creation thereof, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and that that the content is free from viruses and other malware. You also, further to the extent permissible by law, irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding each item of content that you submit to us.

Your content will be accessible to third parties via the social media sharing functionalities and tools.

Herdy shall also be permitted to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit and modify your content or any parts thereof.

You are responsible for any and all expenses not expressly stated in these terms and conditions.

Illegible or corrupted content, or content which is otherwise not in accordance with these terms and conditions will be invalid.

Herdy will only use personal information supplied by you in this activity for the purposes of administering this activity, and as specified in these terms and conditions.

Herdy’s decision on the use of content is final and no correspondence shall be entered into.

To the extent permitted by law, Herdy accepts no liability for any damage, loss or injury suffered due to participation in submitting content to us.

By submitting your content to us under these terms and conditions, you accept the present terms and conditions of use by the Facebook, Twitter, YouTube, Instagram or Pinterest social media channels.

These terms and conditions (and any non-contractual disputes/claims which arise out of on in connection with them) will be governed by English law and you submit to the exclusive jurisdiction of the English courts.

 

The Herdy Company Ltd, 13-15 Stramongate, Kendal, Cumbria, LA9 4BH