Carnival UK’s User Generated Content Terms and Conditions
1. From time to time, Carnival plc trading as Carnival UK, P&O Cruises (“Carnival UK”) may ask a user (“User”) for permission to use a User’s content that the User has created and made available on the User’s social media account (“Content”). In the event the User indicates to Carnival UK that it may use the Content by virtue of the User replying #Yes to Carnival UK’s post or otherwise indicating their approval, these terms and conditions (“Terms”) will apply.
2. For good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the User hereby grants Carnival UK and their respective representatives, independent contractors, licensees, successors, permission to use, publish, and distribute the Content on a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable basis, in all media and types of advertising and promotion, including but not limited to on Carnival UK’s webpages and social media pages, in promotional e-mails and advertisements, and in any and all other marketing, paid media, promotional and advertising initiatives, and in any media now or hereafter known.
3. By approving Carnival UK’s use of the Content, the User represents and warrants that:
- i. The User is the sole owner of the Content, and the Content is the User’s original work and has not been copied wholly or substantially from any other source;
- ii. Carnival UK’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;
iii. You have obtained appropriate rights and permissions from any and all other persons and/or entities to grant the rights to Carnival UK; and
- iv. The User is 18 years of age or over, as is everyone else appearing in the Content. If anyone in the Content is below this age, the User undertake and confirms that they have obtained the express consent of the parent or legal guardian of the child.
4. The User will retain all ownership of the Content (subject to the license granted in these Terms).
5. The User expressly release Carnival UK 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.
6. The User agrees that no advertisement or other materials need be submitted to the User for any further approval. Carnival UK reserve the right to remove any Content from any or all of the materials in its sole discretion.
7. Nothing herein will constitute any obligation on Carnival UK to make any use of any of the rights set forth herein.
8. By approving our use of the Content, you understand that as a User you give us the right to use your personal data, and that of others as may be represented and shown in the Content, which could include your name, social handle or likeness. We will only process this personal data for the purpose of this contract with you and in accordance with our privacy notice. Please read for further information.
9. Carnival UK reserve the right to change these Terms without advance notice by posting a revised Terms. Accordingly, Users should review the Terms each time it grants Carnival UK permission or authorisation to use the Content.
10. These Terms (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by English law and the User hereby submit to the exclusive jurisdiction of the English courts.