UGC Terms of Use

Hi there, 

You've been sent here via our social media channels because we've really loved an image you've taken or shared and we'd like to share to our community. 

Below are our terms of use that have been drafted up by our commercial lawyer in order for Off Peak Weddings to be transparent in what we are asking for. In short, we are requesting usage of your photo to reshare through our Instagram, Facebook and Pintrest accounts where we will credit in the caption. Sometimes we may request other usages but that'll

 

Yarra Ranges Tourism Limited (“YRT”) is the official regional tourism body promoting Off Peak Weddings ("OPW") Wedding Directory and e-magazine.


OPW maintains a presence on social media and regularly contacts other social media users through the various platforms to seek their express consent to feature some of their user generated content on OPW’s websites, social media channels, digital and printed publications and various other promotional materials (“OPW Channels”) to further their mission to promote the local regions wedding vendors (“OPW Usage”).

WHY YOU HAVE BEEN DIRECTED HERE

You have been directed to view and consider providing OPW with this consent because OPW may wish to feature the specific piece of content on which OPW has commented/messaged directing you to this consent (“Requested Content”) on the OPW Channels, and therefore OPW wishes to seek your prior express consent to that usage.

HOW TO PROVIDE YOUR CONSENT

If you consent to OPW using the Requested Content for the OPW Usage, at their absolute discretion, in accordance with the terms set out in this consent, please reply to OPW’s request on the Requested Content with #OPWconsent.

You will not be remunerated in any way for providing your consent and you should read the full terms of this consent prior to responding to OPW’s request for your consent, as your consent is binding, provided on the full terms set out herein, and cannot be withdrawn after it has been given, even if you later delete your response on the Requested Content.

LICENCE TO USE REQUESTED CONTENT

By providing your consent, you grant to the Licensed Parties a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable right to use the Requested Content in any manner to be determined by the Licensed Parties’ in their sole discretion in connection with the OPW Usage, including but not limited to on websites and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives at any time after you have provided your consent.

In providing your consent, you agree that the Licensed Parties may use, display, share the Requested Content in any manner that is stipulated in their request, crediting you where possible (Social Media credits are tagged in the post and in the caption, Website credits will sit below the content and will be linked to your website or social media - where this is not possible OPW will ensure credits are written on the image) . You expressly acknowledge and agree that the Licensed Parties may save the Requested Content for that and other purposes unless you wish to provide your images via email at hitched@offpeakweddings.com.au.

You grant the Licensed Parties the right to use your name, social media handles, images, likeness, descriptions of you, location or other identifying information, including but not limited to your voice and video recordings, in connection with any use by the Licensed Parties of the Requested Content.

You hereby agree, represent and warrant that:

  1. (i) You are over the age of 18 years at the time of providing your consent;
  2. (ii) you own all rights in and to the Requested Content or have obtained appropriate rights and permissions from any applicable third parties to enable you to provide this consent;
  3. (iii) the Licensed Parties are free to openly use the Requested Content as set out in this consent; and
  4. (iv) the Licensed Parties’ use of the Requested Content as described herein will not infringe on any third party’s rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights.

 

You hereby release, discharge and agree to indemnify and hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of the Requested Content in accordance with this consent.

NO OBLIGATION TO USE REQUESTED CONTENT

Providing your consent to the Licensed Parties’ use of the Requested Content does not require the Licensed Parties to use the Requested Content on any specific OPW Channel, on the OPW Channels at all or in any other way.

PRIVACY

When you access this website, or you provide the Licensed Parties with any of your personal information, you consent to the collection, use and disclosure of your personal information in accordance with the terms of this consent and as otherwise set out in OPW’s privacy policy.

NO WAIVER

No failure or delay by the Licensed Parties in exercising any right, power, or privilege afforded to the Licensed Parties by virtue of this consent shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

AMENDMENTS TO THIS CONSENT

OPW may amend the terms of this consent and publish updated versions on the OPW website from time to time. You should review the full terms of the consent each time you are asked to provide your consent (if more than once), as these terms as they appear on the OPW website at the time you provide your consent each time will apply in relation to that consent provided.

SEVERABILITY

If any provision of this consent shall be held invalid, it shall be severed from this consent and the remaining provisions shall remain in full force and effect.

GOVERNING LAW

This consent is governed by the law in force in the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with this consent.