Content Contribution Terms and Platform Terms of Use

These terms are applicable to the use of the “Your P&O Cruises Holiday Memories” Platform (https://www.pixlee.gallery/pandocruises-your-pocruises-holiday-memories ) (the “Platform”) by a user of the Platform (“You”). The Platform is owned by Pixlee Turnto Inc., (“Pixlee”) and provided as a service to Carnival plc trading as P&O Cruises and Cunard (“Carnival”).  

For these terms, “Content” shall mean the videos, image and/or caption that You upload to the Platform, together with Your name and social handles (if You choose to upload Your Content to the Platform via Your social media account). 

A. CONTENT CONTRIBUTION  

          1. Rights You are Granting 

By uploading Content to the Platform, You will remain the owner of the Content, and You grant a non-exclusive, perpetual, royalty-free, worldwide, transferable and sub-licensable right for: 

a) Pixlee and Carnival to host and display the Content on the Platform in electronic format; and

b) Carnival (including all companies in its corporate group) and its agents to publicly display, distribute, modify, adapt, publish, translate, and create derivative works from the Content (in full or part) in all media and types of advertising and promotion, including but not limited to on Carnival’s P&O Cruises and Cunard official webpages and social media pages, in promotional e-mails and advertisements, and in any and all other marketing, paid media, promotional and advertising initiatives.  

          2. What You are Confirming 

By uploading Content to the Platform, You confirm that: 

a) You are the sole owner of the Content, and the Content is Your original work and has not been copied wholly or substantially from any other source;

b) Carnival’s use of Your Content as described in these terms will not infringe upon the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any third party, or any law, rule or regulation; 

c) You have obtained appropriate rights and permissions from any and all other persons and/or entities to grant the rights to Carnival;

d) You are 18 years of age or over, as is everyone else appearing in the Content. If anyone in the Content is below this age, You undertake and confirm that You have obtained the express consent of the parent or legal guardian of the child;  

e) You waive Your moral right to be credited as the original creator of the Content, or where this isn’t possible You agree not to enforce this moral right in a legal claim against Carnival without seeking an amicable resolution first;

f) You release Carnival from and against any and all claims which it may have at any time for remuneration, invasion of privacy, right of publicity, defamation or any other cause of action arising out of the use of the Content or any advertisement, marketing device or other publication materials in which the Content may appear. 

          3. Withdrawing Your Content

If you would like Your Content removed from the Platform, You can do this by e-mailing Carnival at socialmedia.marketing@carnivalukgroup.com. Carnival will then delete Your Content and/or confirm that it no longer holds Your Content within a reasonable period.  

          4. Your Privacy Rights 

By submitting the Content, You give Carnival the right to use Your personal data, and that of others as may be represented and shown in the Content. Carnival will only process this personal data for the purpose of this agreement with You and in accordance with the privacy notice at https://www.pocruises.com/legal-and-privacy/privacy/privacy-notice. Pixlee will also process personal data to help manage content, and their privacy policy can be found at https://pixlee.com/privacy. If you are an employee, our employee privacy notice is available to you via our HR system or your HR team. 

B. PLATFORM TERMS OF USE 

You must use the Platform in accordance with these terms and conditions. If You do not agree, You should stop using the Platform immediately. 

          1. Restricted Material

The following types of material shall not be uploaded under any circumstances to the Platform: 

a) Pornographic material. This includes, but is not limited to, photographs depicting nudity or sexual situations;

b) Material that are illegal and/or are in violation of any law; and 

c) Material intending to harass or spam or promote anything for commercial purposes.

          2. Carnival’s Rights and Liabilities

Carnival reserves the right at its own discretion to: 

a) modify or refuse to post Content that violates these terms; and

b) delete Content that does not meet or comply with these terms. 

In no event shall Carnival be liable to You for any indirect or consequential loss, loss of profit, revenue or goodwill arising from Your use of the Platform or information on the Platform. To the fullest extent permitted by applicable law, Carnival expressly disclaim all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. Subject as provided in these terms, all terms implied by law are excluded.

Nothing in these terms excludes or attempts to restrict liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation that cannot, under English law, be excluded. Any statutory rights You may have as a consumer remain unaffected. 

          3. Use of Platform

All materials on the Platform are protected by copyright. Carnival and its licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such materials, as well as in the original materials. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the materials, in whole or in part except as provided in these terms. 

Although Carnival hope the Platform will be of interest to users, Carnival accepts no liability and offer no warranties in relation to the Platform and its content, to the fullest extent such liability can be excluded by law. In particular Carnival make no warranty or representation that (a) the Platform will meet Your requirements, (b) the Platform will be uninterrupted, timely, secure, or error-free, and (c) any errors in the Platform will be corrected.

You expressly acknowledge and agree that Your use of the Platform is at Your sole risk. The Platform is provided on an "as is" and "as available" basis. 

Any material downloaded or otherwise obtained using the Platform is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading of any such material.

C. GENERAL

Carnival reserves the right to change these terms by posting revised terms. Therefore, You should review these terms each time You use the Platform and grant permission to use the Content. These terms will be governed by English law, and You hereby submit to the exclusive jurisdiction of the English courts.

These terms include our Privacy Policy (https://www.pocruises.com/legal-and-privacy/privacy/privacy-notice). Together they contain the whole of the agreement between Carnival and You concerning the use of the Platform and use of Content and they replace all earlier agreements and understandings with You, except for any fraud or fraudulent representation by either of us. 

A person who is not a party to the terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of this agreement. Failure by Carnival to enforce a right under these terms does not result in waiver of such right.