User Generated Content – Terms & Conditions

Terms and conditions for content providers to Salter Brothers Hospitality.

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Summary

  • By agreeing to these terms and conditions, you will give Salter Brothers Hospitality (and third parties permitted by Salter Brothers Hospitality) a licence to use your social media content for any purpose, without payment to you.
  • You promise that you have rights to give the licence and permission from the people depicted in the content.
  • You can end the licence whenever you like, but there may be copies of the content outside Salter Brothers Hospitality’s control that continue to be publicly available and used by third parties.

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Salter Brothers Luxury Collection Operations Pty Ltd ACN 664 580 652 (‘Salter Brothers Hospitality’) wishes to use and sub-license to other parties materials that content creators have generated and uploaded to social media.

By accepting Salter Brothers Hospitality’s request to use content you have uploaded as part of a social media post (referred to as the ‘Content’) by replying using the hashtag in the request, you agree to be bound by the following terms and conditions.

Rights to user-generated content

By accepting Salter Brothers Hospitality’s request to use your Content, you grant Salter Brothers Hospitality a perpetual, transferable, sub-licensable, non-exclusive, worldwide licence to do everything with your Content that you have a right to do as the copyright owner, including, without limitation, to use, copy, transmit, distribute, reproduce, modify, create derivative works of, publish, translate, communicate to the public, publicly perform, publicly broadcast and publicly display your Content in any medium, for the purpose of promoting Salter Brothers Hospitality’s (and its related companies’ and successors’) goods and services, without payment or other compensation.

Salter Brothers Hospitality is not obligated to use your Content at all or in any particular way.

Moral rights

In using your Content, Salter Brothers Hospitality will use reasonable efforts to credit you using your username, and to ensure its sub-licensees also do so.

However, you acknowledge that Salter Brothers Hospitality and its sub-licensees may, in using your Content:

  • not attribute you or any other person as the author or maker of the Content or a performer in the Content in your preferred way;
  • edit your Content (including, for example but without limitation, cropping or applying filters to photographs, or trimming or cutting video); and
  • use your Content combined with or in proximity to other content.

You consent to all such acts or omissions, even if this would otherwise infringe any moral rights you have in the Content.

Requirements for allowing use of Content

In order to participate, you and your Content need to satisfy the following requirements:

  • you are at least 18 years old; 
  • you have the capacity to enter into legally binding contracts (like these terms and conditions);
  • you either own all of the intellectual property rights in your Content or have acquired the necessary rights from third parties to use their intellectual property rights (and to allow Salter Brothers Hospitality and its sub-licensees to do so);
  • you have obtained consent from any other person who authored, made or performed in the Content to Salter Brothers Hospitality and its sub-licensees doing any acts or omissions specified in the ‘Moral rights’ section above;
  • your Content is not offensive, defamatory, unlawful, or objectionable;
  • as far as you know, all of the information in your Content is accurate and not false or misleading in any respect;
  • you have parental responsibility for anyone under 18 years of age in your Content; and
  • you have permission from any other person in your Content to depict them in the Content and to grant this licence.

By accepting Salter Brothers Hospitality’s request to use your Content, you are representing and warranting to Salter Brothers Hospitality that all of the above requirements are satisfied.

If you cannot truthfully make all of these representations and warranties, please do not accept Salter Brothers Hospitality’s request to use your Content.

Further use of your Content

Once Salter Brothers Hospitality or any of its sub-licensees uses your Content, it may be copied by third parties and used outside your and Salter Brothers Hospitality’s control. Salter Brothers Hospitality and its sub-licensees are not responsible for any such use of your Content.

No compensation

You acknowledge and agree that you will not receive any compensation for the use of your Content by Salter Brothers Hospitality and its sub-licensees.

Privacy

You consent to the collection, use, and disclosure of personal information in your Content according to Salter Brothers Hospitality’s privacy policy (which is available at salterbrothershospitality.com/privacy-policy/)

Amendments

Salter Brothers Hospitality may update these terms and conditions at any time by posting a revised version on its website. The version posted at the time that you accept a request from Salter Brothers Hospitality is the one that applies and is binding on you in relation to the relevant Content (even if you have previously agreed to an earlier version).

Revocation

You may revoke any licence granted under these terms and conditions by giving written notice to Salter Brothers Hospitality at [email protected]. Salter Brothers Hospitality will cease use of your Content after receiving such a revocation, but there may remain copies outside of Salter Brothers Hospitality’s control that continue to be used despite the revocation.

Governing law

These terms and conditions are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that place (and any court of appeal) and waive any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.