Terms & Conditions: Covent Garden Canvas

UPLOAD POLICY

If you have any queries about the Covent Garden Canvas Usage Policy, you can contact us by emailing: coventgardencanvas@capcount.com

  1. You agree that you will not submit Photos or any other material to the Service which:
    1. is in breach or promotes the breach of any third party rights including third party intellectual property rights (including but not limited to trade marks, still images, photos, artwork, text, or material owned by someone else);
    2. is defamatory, offensive or libellous;
    3. promotes racism, bigotry, hatred or harm of any kind against any group or individual or would subject any person to ridicule or cause other people to shun or avoid such an individual;
    4. harasses or advocates the harassment of another person or persons;
    5. promotes conduct that is abusive, threatening, obscene or distasteful;
    6. has any fraudulent purpose or effect;
    7. exploits people in a sexual, obscene or violent manner;
    8. contains nudity presented in a sexual way, violence, or offensive subject matter
    9. provides any telephone numbers, street addresses, last names, URLs, email addresses or other personal or contact information;
    10. contains or promotes content that is false, misleading or deceptive;
    11. includes a photograph or image of another person that you have submitted without that person's consent;
    12. contains sexually explicit or suggestive images
    13. promotes, condones or glamorises hooliganism or bullying;
    14. condones or glamorises alcohol or drug abuse;
    15. may cause harm and offence to children or presents some risk or element of risk to the welfare of children;
    16. promotes political parties, terrorism, vandalism or religious vilification;
    17. promotes or denotes cruelty to animals;
    18. invades the personal privacy of individuals;
    19. refers to any arrest of an individuals or any active court proceedings.
  2. If you wish to notify us of any Photo which you believe is in breach of the Covent Garden Canvas Usage Policy, email us at coventgardencanvas@capcount.com telling us which Photo is in breach. We may, in our absolute discretion, act on such notification but shall not be obliged to do so.
  3. If you have breached the Covent Garden Canvas Usage Policy, or we reasonably suspect that you may have done so, then we may also:
    • notify and/or pass on the details of the breach to any relevant government, statutory, self-regulatory or law enforcement authority;
    • investigate the alleged breach, which may include gathering information from you and/or the complaining party (if any); or
    • remove (either temporarily or permanently).
  4. You expressly authorise Covent Garden London to use your personal data and other information in connection with any investigation carried out by us in accordance with this Covent Garden Canvas Usage Policy, including by disclosing it to any third party authority that Covent Garden London considers has a legitimate interest in any such investigation or its outcome.

TERMS OF USE

These rules apply to you when you upload your Photo to, and use, the Covent Garden Canvas (the “Service”).

If you are under 16 years old you must get permission from a parent or guardian to use the Service.

If you send us Photos, we will be able to use your Photo in any way we like. So, we might decide to put your Photo on the Covent Garden London website (www.coventgardelondonuk.com) and Covent Garden Canvas photo wall. We might even decide not to use it at all.

Covent Garden London will not pay you (or anyone involved in the Photo) for any Photo that you send us.

Please do not send us any Photos that you did not take yourself unless you have permission from the person who did. This means that you cannot copy anyone else’s Photos or send us something that is not yours unless you have permission from the person who took it or owns it.

You must also make sure that anyone that appears in a Photo has given you their permission to do so (excluding those who appear in the background only).

Please do not send us anything that is rude or might offend or upset another person.

Using your personal information

When you use the Service, you may choose to give us information which we will be able to use to contact you in the future to discuss printing your photo.

Is it going to cost you anything?

The only cost you will incur will be the standard charge made by your Internet Service Provider (ISP) for browsing the internet.

If you are under 18, make sure your parents read this bit and explain it to you - it is important and will apply to you when you use the Service.

By using the Service and agreeing to these Terms of Use you are entering into a contract between you and Covent Garden London of 4th Floor Russell Chambers, The Piazza, Covent Garden, London WC2E 8AA (“Covent Garden London”). References to "we" or "us" in these Terms of Use and the Covent Garden Canvas Usage Policy will be read as references to Covent Garden London.

  1. Definitions

    “Covent Garden London Content”
    means the content submitted to the Service by Covent Garden London or our content partners, which is either owned or licensed by Covent Garden London, but does not include the Photo;
    “Covent Garden Canvas Gallery”
    means the Covent Garden London web pages where you can view Photos and Covent Garden London Content www.coventgardenlondonuk.com
    “Covent Garden London Website”
    means the website accessed at www.coventgardenlondonuk.com
    “Covent Garden Canvas”
    means 1. the gallery of Photos on the Covent Garden London Website where you can view Photos, 2. the web pages on the Covent Garden London Website that provides the functionality to allow you to upload your Photo(s), and 3. the giant Photo wall that Covent Garden London will create from Photos submitted that will be exhibited in Covent Garden in the Autumn of 2010;
    “Covent Garden Canvas Usage Policy”
    means the policy which governs your use of the Covent Garden Canvas and the Service set out below;
    “Terms of Use”
    means these terms of use and the Covent Garden Canvas Usage Policy;
    “User[s]”
    means user of the Covent Garden London Website and Service; and
    “Photo”
    means photos, pictures and/or images submitted by you to the Covent Garden Canvas.

  2. Uploading Your Photo

    1. To upload your Photo to Covent Garden Canvas, you must go to http://www.coventgardenlondonuk.com/canvas-submit and fill out the entry form. You will be asked to provide your name and a caption, as well as your chosen image. This information will be displayed on the Covent Garden Canvas if your upload is successful.
    2. We will also ask you to submit your email address. This information will not be displayed on Covent Garden Canvas and will be used to contact you to discuss your Photo if necessary. You do not need to provide this information but we may not be able to use your Photo if you do not provide it.

  3. The Service

    1. We will use reasonable efforts to make the Service available to you at all times. However, you acknowledge that the Service is provided over the internet and therefore the quality and availability of the Service are affected by factors that are beyond our control, including technical faults in a third partyISP’s service/network. We also may need to take some or all of the Service down for maintenance, but we will use our reasonable endeavours to do this at a time that is least inconvenient to you, unless it is essential or urgent maintenance. You accept that we are not responsible for any suspension, interruption or non-availability of the Service or any part of it for any of the reasons set out in this Paragraph 3.
    2. The Service is variable. We may alter the content, presentation of and/or the facilities available on the Service from time to time without notice. You acknowledge that some of the services offered as part of the Service may be provided by third parties.

  4. Your use of the Service

    1. Your right to view the Photo on the Service is for personal, private and non-commercial purposes.
    2. You must not authorise or assist any third party to:
      1. copy (except as permitted by law), redistribute or relay the whole or any part of the Photo or Covent Garden London Content featured on the Covent Garden Canvas; or
      2. use the Service for any improper or unlawful purpose.
    3. You agree that you will:
      1. provide such proof of your identity as we consider reasonably necessary upon our request;
      2. not use the Service for any improper, or unlawful purpose, nor allow any others to do the same; and
      3. follow our reasonable instructions concerning your use of the Service.

  5. Liability

    1. You are responsible for all of your actions and omissions in relation to your use of the Service.
    2. We will endeavour to provide the Service using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service or any part of it, or for any loss or damage caused by:
      1. interruption or delay to the Service or any part of it caused by events outside our reasonable control;
      2. any errors, viruses or bugs contained in the Service not directly caused by or attributed to Covent Garden London;
      3. your negligent act or omission or your failure to follow our reasonable instructions;
      4. us or our employees and/or agents in circumstances where:
        1. there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;
        2. such loss is not a foreseeable result of any breach;
        3. such loss or damage results from any breach by you of these Terms of Use;
      5. any incompatibility of the Service with any other software, hardware or material on your computer;
      6. any Photo or Covent Garden London Content; or
      7. any other factor that is outside our reasonable control.
    3. We do not accept any liability for any content provided by third parties (including Photo or Covent Garden London Content) as part of the Service or for any product or service advertised, promoted, offered or sold by third parties for use on the Service or otherwise. While we will use reasonable efforts to ensure that the Covent Garden London Content and editorial information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service or any other content whatsoever.

  6. Copyright, Trade Marks and Intellectual Property

    1. All copyright, trade marks, licenses and all other intellectual property rights in the Covent Garden London Website, Covent Garden London Content and other material supplied by Covent Garden London, any of Covent Garden London’s content partners or other Users as part of the Service will remain ours or, where applicable, our content partners or Users. We may prevent the copying of any part of the Service and you must not try in any circumstances to circumvent any digital rights management or any content protection policies.
    2. Covent Garden London does not claim any legal or beneficial ownership rights in your Photo. After submitting your Photo to the Service, you still retain all legal and beneficial rights of ownership in that Photo except as set out in Paragraphs 6.3 and 6.4 below.
    3. By submitting your Photo to the Service you are giving Covent Garden London a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, publish or display the Photo on the Covent Garden London website, in any Covent Garden London email newsletter andon the physical Covent Garden Canvas photography wall that will be installed in the Covent Garden area. Any Photo that Covent Garden London wish to use as part of a media release will only be used with your prior consent. Should your Photo be used by Covent Garden London in any of the ways mentioned, you will be credited as the contributor of that Photo. You waive all moral rights in relation to your Photo. You further acknowledge and agree that no royalties or fees are payable for use by Covent Garden London of the Photo. If you do not wish to give Covent Garden London these rights then do not submit your Photo to the Service.
    4. By submitting your Photo to the Service you acknowledge and agree that you are giving each User a non-exclusive licence to view your Photo through the Service and to view, such Photo as permitted through the functionality of the Service and under these Terms of Use.
    5. By submitting your Photo to the Service you warrant that:
      1. the Photo is your own original work;
      2. you have the right and you have obtained all rights, permissions, licences and consents necessary to make your Photo available to Covent Garden London for all the purposes specified in Paragraphs 6.3 and 6.4 and these Terms of Use;
      3. your Photo or any part of it does not infringe the intellectual property rights (including copyright and trade marks) of any other person (for example, it does not contain any images, artwork, fonts or material owned by anybody else);
      4. your Photo does not violate anyone’s right of privacy or publicity;
      5. your Photo complies with the Covent Garden Canvas Usage Policy; and
      6. your Photo does not contain anything which is defamatory, libellous or offensive.

  8. Links to Third Party sites

    The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

  9. Moderation

    1. We may moderate any Photo that you submit to the Service but we shall not be obliged to do so. We may do this by preventing your Photo from being published on the Service or by removing it after it has been published, as we determine in our absolute discretion. We may, in our absolute discretion, publish any Photo on the Service or elsewhere once it has been submitted to the Service.
    2. You may notify us of any Photo which you believe is in breach of these Terms of Use and/or the Covent Garden Canvas Usage Policy by emailing coventgardencanvas@capcount.com telling us which photo you’re referring to. We may, in our absolute discretion, act on such notification but we are not obliged to do so.

  10. Privacy and Personal Information

    1. By using the Service and having provided us with your email address, you confirm that Covent Garden London may use information we hold about you for the marketing of Covent Garden London’s events and promotions. This may include sending you marketing by email, unless you advise us of your preference not to receive such forms of marketing, by going to www.coventgardenlondonuk.com/newsletter/unsubscribe.

  11. Changes to these Terms and Conditions

    We may amend these Terms of Use and you will be notified of such amendments on the Covent Garden Canvas website pages. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes.

  12. Right to Transfer and Third Parties

    1. We can transfer our rights and obligations under these Terms of Use to any company, firm or person. We can only do this if it does not affect your rights under these Terms of Use. You may not transfer your rights or obligations under these Terms of Use to anyone else.
    2. This Contract is personal to you and no third party is entitled to benefit under it except pursuant to Paragraph 12.1.

  13. Law

    1. These Terms of Use are governed by English Law.
    2. Company particulars are: Covent Garden London (4th Floor Russell Chambers, The Piazza, Covent Garden, London WC2E 8AA), which is owned by Capital & Counties Properties (40 Broadway, London SW1H 0BT).
 

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