These terms apply where you have uploaded any content (including photos, text, videos, graphics, audio, social media handles, social media user names, captions, comments or location) to a social media platform and tagged it with the following Deliveroo hashtag #[jaDeliveroo] (Contributions).
If you have any questions relating to these terms and conditions please contact firstname.lastname@example.org before you tag your Contributions with the hashtag above . IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN FULL PLEASE DO NOT POST THE HASHTAG ABOVE IN CONNECTION WITH YOUR CONTRIBUTIONS.
These terms were last updated on [05.05.2017]. These terms may be changed from time to time without notice, and the current terms at the date you post your hashtag will be deemed to apply, so you should always check back here before posting your hashtag even if you regularly provide Contributions.
- Rights you grant to us in the Contributions
You grant us ([Deliveroo Germany GmbH]), our group companies, affiliates and related entities the following rights for any purpose (including for commercial, marketing/advertising and business purposes), in any media and on any medium whatsoever (including but not limited to any printed media, static advertising of any kind, radio, television, Internet, cellular phone, or of any other kind), including uses not yet identified:
- a royalty-free, fully paid, non-exclusive, transferable, perpetual, irrevocable, assignable, sub-licensable worldwide licence to use (including without limitation reproducing, broadcasting, combining, editing transmitting, displaying, developing, disseminating (each a Use)) your Contributions. Any work created, based on and/or derived from Using the Contributions is known as Derivative Works; and
- the right to Use your identifying information (including but not limited to your real name, image/likeness, and location (Identifying Information)) provided with your Contributions.
You agree that:
- once you have granted us the rights above in relation to your Contributions, you have no right to withdraw those rights at any time;
- we do not have to Use your Contributions or related Identifying Information, and we may remove them and stop Using them at any time for any or no reason;
- we will not pay you for the use of your Contributions or any rights in them; and
- your Contributions and Identifying Information are not confidential, and (subject to our privacy obligations below) we have no obligations of confidentiality to you with respect to them.
If you have any questions around your Contributions, contact email@example.com.
- Your rights in the Contributions
You retain all rights within your Contributions, subject to the rights granted to us above. We however retain all rights in the Derivative Works. To the extent permitted by applicable law, you hereby waive all moral rights (for example the right to be identified as author of your Contributions) in your Contributions and any updates or revisions to such Contributions to which you may be entitled under any applicable laws. If this waiver is not effective under any applicable law, you agree that we, or any person appointed by us, may exclusively represent you in the exercise of your moral rights in the Contributions. You agree that if we Use your Contributions, you may not be acknowledged as author.
- Your promises in relation to your Contributions
You warrant that:
- if your Contributions are subject to any third party rights, you have secured all third-party permissions and releases necessary to grant the licence to us;
- you and all other person(s) appearing in your Contributions are not under 18 years' old;
- you will not do or omit to do anything that affects our rights in your Contributions;
- your Contributions adhere to our Content Standards <https://deliveroo.de/de/legal> and:
- do not infringe any third party's rights or contain any obscene, blasphemous, threatening, pornographic or defamatory material;
- do not violate any law, statute, ordinance or regulation;
- are truthful and accurate, and do not contain misleading information about us, our services or our products.
- If there are claims relating to your Contributions
Please notify us immediately if you become aware of any claim by a third party relating to your Contributions. We will decide what action to take (if any) in relation to any claims relating to our use of your Contributions and we will have exclusive control over these claims. You agree to provide us with all information reasonably requested by us in connection with these claims.
- Disclaimers and liability
If we fail to comply with these terms, we are responsible for any loss and/or damage you suffer that is a foreseeable result of our non-compliance. We are not liable for any loss and/or damage that is not foreseeable or is not caused by our non-compliance with these terms. Our use of your Contributions does not constitute endorsement, advice or a recommendation. Nothing in this paragraph excludes our liability if it cannot legally be excluded, for example our liability for death or personal injury arising from our negligence.
- Your indemnity to us
You indemnify us for all losses we suffer as a result of exercising our rights under these terms or any claim by a third party that by using your Contributions we have infringed their rights.
- Your privacy
Any Contributions that you post the hashtag in connection with will be visible to other users of our site and services and members of the public. Please do not post the hashtag in connection with anything that you or any other person(s) appearing in your Contributions do not want others to view. We are not responsible for the use of your Contributions or Identifying Information by other users of our site or services.
- Governing law and jurisdiction
These terms and any obligations connected with it are governed by English law. Nothing in these terms affects your rights under any mandatory laws applicable in the state or country in which you are resident. The courts of England and Wales have exclusive rights to settle any dispute or claim in relation to these terms. If you are not a resident of England or Wales you may also bring proceedings at the courts of the state or country in which you are resident.
If you are resident in France, you also have the right to contact an accredited mediator (médiateur de la consommation) by the consumer mediation Commission (Commission d'évaluation et de contrôle de la médiation de la consommation) in relation to any dispute or claim in relation to these terms.
- Other important terms
Please also note that you may be subject to the terms and conditions and privacy policies of the relevant social media providers and we are not responsible for the contents of such terms and conditions and privacy policies.
A failure or delay in exercising any right or remedy under these terms and conditions or at law is not a waiver of that right or remedy. If any provision of these terms and conditions is or becomes invalid, illegal or unenforceable in any jurisdiction, that provision will be deemed deleted in that jurisdiction to the minimum extent necessary. The other provisions in these terms will continue in full force and effect in jurisdictions where it is not invalid, illegal or unenforceable.
We may transfer any of our rights and obligations under these terms if such transfer does not affect your rights under the contract. You may not transfer your rights and obligations under these terms without our consent.