Terms & Conditions for the use of User Generated Content
1. Why am I here?
You’re probably here because we loved the content you posted tagging Silver Cross or incorporating Silver Cross products, and we reached out to you about using it for our brand marketing.
Please have a read through the following terms and conditions (“Terms”) and provided you agree to them please provide your consent by responding “#AGREESC” to our message.
2. What happens if I agree?
By responding “#AGREESC” to our message you agree to grant the companies within the Silver Cross group and any authorised “Silver Cross” retailers and partners (including John Lewis Partners) an unlimited, free, non-exclusive, worldwide and perpetual license to reproduce, display, distribute, archive, edit, adapt, modify and otherwise use your content (whether digital or non-digital) in accordance with these T&Cs.
3. Use of your content
You represent and warrant that:
You are 18 years of age or older;
You are the parent or legal guardian of any child (anyone aged under 18) featured in the content and consent to Silver Cross using your content featuring that child or those children;
You own all rights in and to your content and it is not copied from any third party;
You have consent from any person(s) (or the consent of their parent or legal guardian if such person is under 18) appearing in your content to grant the rights set out in these Terms;
You waive (or if waiver is not permissible by law, will not assert) any moral rights or other rights with respect to authorship or integrity of the content (so that we can, for example, elect to crop, scale, or change the colour of the content when being used by Silver Cross); and
Silver Cross or any of its affiliates’ use of the Content does not infringe the rights of any third party or violate any law; and
You have read and agree to the Terms.
We may ask you to provide the contact details of the parent/guardian of anyone under the age of 18 that appears in your content (including you). This will enable us to verify with the relevant parent/guardian that they consent to their child’s personal data being given to us and their child’s image used by us.
Silver Cross, companies within the Silver Cross group, and any authorised “Silver Cross” retailers and partners may use your content as follows:
on websites (including but not limited to use alongside shoppable links and product carousels);
digital and non-digital event activations;
in visual marketing, on marketing emails, and internal communications; and
social media accounts (including paid for advertising).
We may exercise our rights anywhere in the world, and our license is perpetual, meaning we may use your content unless or until you contact us and ask us not to. However, we do not guarantee that we will use your content.
Silver Cross (including the Silver Cross group and any authorised “Silver Cross” partners) may, in our sole discretion, include your name, handle or byline when using your content in accordance with these Terms. The licence being granted herein is non-exclusive, meaning you can still use your content for your own purposes and let others use it for their purposes too.
4. What if I change my mind?
If you change your mind and wish to withdraw your consent, you simply need to email ugc@silvercrossbaby.com to revoke your consent and request we cease using your content. We will aim to action your request as soon as possible and will certainly respond to your email within 30 days.
5. Privacy
We respect your privacy, so we only process your personal information (including your social media username, handle and/or byline) as necessary. We only use this personal information for the purposes of:
contacting you about this licence (for example, to ask for your consent to use your content);
keeping a record of the content and your consent;
utilising your content in accordance with these Terms;
for crediting you for your content; or
for sharing your personal information with companies within the Silver Cross group, any authorised “Silver Cross” retailers and partners for the purposes of a) – d) above. Please see our Privacy Policy here for more information on how and why we process your personal information, how you can contact us to request details of the personal information we hold about you, and the security measures we put in place to protect your information.
By agreeing to these Terms, you give your consent to the processing of such personal data by Silver Cross its authorised partners and trusted third parties in accordance with these Terms, our Privacy Policy and any applicable third parties’ privacy policies (which can be made available to you on request).
6. Indemnity and Liability
To the maximum extent permitted by applicable law, in no event will Silver Cross or its affiliates be liable for: (i) any direct, special, indirect, incidental or consequential loss, costs, damages, charges or expenses; (ii) loss of profits, (iii) loss of business, contracts, goodwill, business opportunities; (iv) loss of income or anticipated savings; (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your content as described above, whether arising in tort, or in contract, even if we have been advised of the possibility of such damages.
Nothing in these terms limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence and fraud or fraudulent misrepresentation.
By responding “#AGREESC”, you agree to indemnify, defend and hold Silver Cross and any person acting on Silver Cross’s behalf harmless from and against any claims, damages, liabilities, costs and expenses in connection with Silver Cross’s use of your content as described above.
These terms are governed by English law and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.