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Published on 09/07/2024
You are reading these Terms & Conditions ("Terms") as CalMac Ferries Limited (with company number SC302282 and registered office address at The Ferry Terminal, Gourock, PA19 1QP) referred to in these Terms as "Caledonian MacBrayne", "we", "us" or "our", has requested to use this selected Content (as defined below) which features you and/or is your work or property which we have asked for explicit permission to use as further detailed below. By replying with the hashtag #yes you acknowledge and agree that you have read, understand, and agree to these Terms, and permit Caledonian MacBrayne to use the Content, and you agree to be bound by these Terms:
1. In these Terms, "Content" includes your social media post you have published on social media through your social media account (including but not limited to Facebook, X (formerly known as Twitter), Instagram, and YouTube), including but not limited to any photo/image, video, audio, text, metadata (such as time and place of creation), your username, links to your social media profile, or any other materials related to the posted content.
2. You agree to grant to Caledonian MacBrayne (and its affiliates, employees, agents, contractors, third-party service providers and representatives ("Associated Parties")) a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sublicensable, worldwide right to use the Content free of charge for any lawful purpose including but not limited to:
2.1 publishing and/or making available the Content on and in any of Caledonian MacBrayne's and its affiliates websites, digital channels, social media platforms and/or print publications; and
2.2 publishing and/or making available the Content on and in any third-party websites, digital channels, social media platforms and/or print publications that contain content that is provided, managed and/or curated by Caledonian MacBrayne.
3. You represent, warrant and undertake to Caledonian MacBrayne that:
3.1 You own all the rights in and to the Content that are required to grant the right to use set out in Section 2 of these Terms, and to allow Caledonian MacBrayne (and/or Associated Parties if applicable) to use, publish and/or make available the Content for the purposes set out in Section 2 of these Terms;
3.2 the Content does not violate or infringe upon the rights of any third party (including, but not limited to, any rights of copyright, trademark, privacy or other intellectual property rights), require payment of any compensation to any party, or breach any applicable laws;
3.3 the Content can be utilised by Caledonian MacBrayne across all channels and media (for example, images supplied for print can be utilised in online and vice versa);
3.4 the Content contains nothing defamatory, obscene or otherwise unlawful, including but not limited to indecent, violent, or unsafe behaviour or situations, profanities, or obscenities, including but not limited to nudity or pornography, or is otherwise inappropriate, indecent, profane, hateful, tortuous, slanderous, or libelous;
3.5 the Content does not breach any confidence or invade the privacy of any person or entity;
3.6 the Content is not in breach of any applicable law;
3.7 the Content does not breach, or risk being in breach of any applicable law or other legal duty or obligation owed by Caledonian MacBrayne and/or its affiliates (as applicable);
3.8 the Content is true and accurate and not misleading in any respect; and
3.9 you are over 18 years of age and have the right to agree to these Terms.
4. Caledonian MacBrayne' rights to use your Content last indefinitely until cancelled by you, which you can do at any time by contacting us by email: dataprotection@calmac.co.uk. After cancellation we will not reuse your Content.
5. The rights you grant to Caledonian MacBrayne are non-exclusive and (subject to Caledonian MacBrayne' rights) you retain all rights to use the Content for your own purposes. Caledonian MacBrayne will not pay any royalties or compensation to you or any third party for use of the Content. Use of the Content is at Caledonian MacBrayne's discretion and Caledonian MacBrayne is not obliged to use your Content in any particular way or at all.
6. You agree that you do not have any right to review, approve, or object to Caledonian MacBrayne's use of your Content or advertising copy, or to be identified as the author/creator of the Content.
7. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Caledonian MacBrayne by authorising use of your Content.
8. You shall fully indemnify and hold Caledonian MacBrayne (and its Associated Parties) harmless from and against any and all costs, claims, expenses (including legal expenses), liability, losses or damages that Caledonian MacBrayne and/or its Associated Parties suffered or incurred or awarded against Caledonian MacBrayne and/or the Associated Parties as a result of or in connection with any breach or failure by you to comply with any of these Terms (including without limitation, any third-party claim, suit, action, or proceeding that your Content infringes or misappropriates any thirty-party's copyrights, trademarks, confidential information, trade secrets, or any intellectual property rights)..
9. The Content may contain information about you or identifiable individuals which constitutes personal data under UK data protection law.
10. By agreeing to these Terms you give your consent to the collection and processing of such personal data by Caledonian MacBrayne (and its Authorised Parties as required) for the purposes set out in these Terms.
11. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for processing of such personal data.
12. For more information about how Caledonian MacBrayne processes your personal data and how to contact us please see our Privacy Notice.
13. You acknowledge that Caledonian MacBrayne, as a public sector body, is subject to the requirements of certain access to information legislation in the United Kingdom, including (without limitation) the Freedom of Information (Scotland) Act 2002, the Access to Environmental Information (Scotland) Regulations 2004 and the Public Sector Reform (Scotland) Act 2010 (referred to in this section 5.5.2 as the "Information Laws"). You acknowledge that Caledonian MacBrayne may be obliged under the Information Laws to disclose information held by Caledonian MacBrayne which relates to you or the Content. For the avoidance of doubt, Caledonian MacBrayne shall be responsible for determining in its absolute discretion whether any information requires to be disclosed in accordance with the provisions of the Information Laws and shall have no liability to you in respect of such determination and/or disclosure.
14. These Terms shall be governed by and construed with the laws of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
15. Caledonian MacBrayne reserves the right to alter these Terms without advance notice by posting a revised Terms. Accordingly, you should review the Terms each time you grant permission for us to use your Content.