HEX LIVING TERMS OF USER GENERATED CONTENT

1                BACKGROUND

1.1          HEX Living (“HEX Living”, “we”, “us” or “our”) reaches out to social media users to seek their permission to feature their content on our HEX Living sites, social channels, and in various other promotional materials. You are reading this because HEX Living has requested your permission to use your social media content in this way.

1.2          By replying with the hashtag, emailing us your content, or applying to the competition #HEXLivingMoments:

  • You agree to these Terms of Use.
  • You allow us to use your social media post or any content that you have published on social media, including but not limited to any text, images, video, audio, location information, comments or any other materials related to a social media post or content, including your social media handle (the “User Content”) in accordance with these Terms of Use.
  • You acknowledge that your personal information will be handled in accordance with our Privacy Statement
  • You certify that you are at least 18 years of age.

1.3          HEX Living collects User Content to publish it on our digital properties, including the HEX Living website (www.hexliving.co.uk) (the “Site”), HEX Living’s operated social media channels (including but not limited to Facebook, LinkedIn, Instagram, YouTube and TikTok) and in promotional materials and other properties (collectively the “HEX Living properties”) in connection with HEX Living’s business, including HEX Living’s product feature, marketing, promotional, advertising and other consumer-related activities (the “HEX Living Activities”).

2                USER CONTENT LICENCE

2.1          You hereby grant to HEX Living and its related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing and public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

2.2          The Licensed Parties may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible the User Content in any manner in their sole discretion, with no obligation to you whatsoever.

2.3          You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

2.4          You hereby agree and represent and warrant that:

2.4.1              you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content;

2.4.2              you are solely responsible for your User Content;

2.4.3              the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, proprietary or other rights, of any third party, or any law, rule or regulation;

2.4.4              to the extent permissible by law, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Content

2.4.5              you are 18 years of age or over; and

2.4.6              the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability.

2.5          The Licensed Parties reserve the right to remove any User Content from the Site and the HEX Living Properties in their sole discretion. If you believe any content, including User Content, residing on the Site or the HEX Living Properties or displayed or used in connection with the HEX Living Activities infringes any person or entity’s copyright rights, please notify us.

2.6          The Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission by you in relation to the User Content or otherwise, except pursuant to the Licensed Parties’ respective privacy policies.

2.7          You hereby release, discharge and agree to 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 your User Content.

3                YOUR PERSONAL INFORMATION

3.2 You acknowledge that your personal information will be processed for the HEX Living Activities (including product feature, marketing, promotional, advertising and other consumer-related activities). It is in HEX Living legitimate interests to process your personal information for the HEX Living Activities.

3.3 You are entitled to object to HEX Living processing of your personal information and/or exercise other rights that you have in relation to my personal data by contacting us via our website or by writing to us at:

Attention: Data Protection Office

HEX Living

Church Lane

Hixon

Staffordshire

ST18 0PS

UK

3.4 Notwithstanding your rights referred to above, you acknowledge that:

  • you are voluntary providing your User Content 
  • your User Content (including any personal information in the User Content) may be published by HEX Living for the HEX Living Activities 
  • once published, HEX Living may not be able to delete or prevent the continued use of your User Content (or any personal information contained within it)
  • HEX Living may not be able to give effect any request that you exercise in respect of your personal information if there are legitimate reasons that override that request.

3.5 If you are dissatisfied with HEX Living’s response to any request or query that you have in respect of your personal information, you have the right to refer your concerns to the Information Commissioner’s Office (in the UK) or to another data protection authority where you otherwise live.

3.6 You acknowledge that HEX Living shall be permitted to retain the User Content for as long as is necessary to fulfil the HEX Living Activities and in accordance with any time periods set out in these Terms of Use.

4                HEX LIVING INTELLECTUAL PROPERTY RIGHTS

4.1          You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of HEX Living by authorising use of your User Content or otherwise using or accessing the Site, the HEX Living’s Activities or the HEX Living’s Properties.

5                MISCELLANEOUS

5.1          These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without HEX Living’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.

52          HEX Living reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorisation to feature your User Content.

5.3          You agree that if HEX Living does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which HEX Living has the benefit of under any applicable law), this will not be taken to be a formal waiver of HEX Living rights and that those rights or remedies will still be available to HEX Living.

5.4          If any part of these Terms of Use becomes invalid, illegal or unenforceable in any respect under any law or for any other reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

5.5          These terms and conditions (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts.