To ensure a good community experience for everyone, these terms and conditions (Terms and Conditions) set out the terms of your use of PortobelloBeach.com’s consumer facing social media platforms, which include PortobelloBeach.com’s Facebook, Instagram, Twitter, YouTube, Vimeo and Reddit platforms (PortobelloBeach.com’s Social Media Platforms).
1. BEFORE POSTING ON PORTOBELLOBEACH.COM’S SOCIAL MEDIA PLATFORMS
1.1 Please read these Terms and Conditions carefully before posting content on PortobelloBeach.com’s Social Media Platforms. By using, or submitting content on PortobelloBeach.com’s Social Media Platforms, you agree that you have read, understood and accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, you must refrain from posting content on PortobelloBeach.com’s Social Media Platforms.
1.2 The terms and conditions of specific social media channels, such as Facebook or Twitter also apply to PortobelloBeach.com’s Social Media Platforms (as appropriate). PortobelloBeach.com strongly encourages users to read the terms and conditions of specific social media channels before posting content on PortobelloBeach.com’s Social Media Platforms. PortobelloBeach.com shall not be liable for your use of social media channels, or for your failure to review or comply with the specific social media channel’s terms and conditions. Where there is a conflict between these Terms and Conditions and the terms and conditions of the relevant social media channels, the social media channel’s terms and conditions will prevail.
1.3 PortobelloBeach.com does not accept responsibility, or liability to any third party, for content posted by you or any other user on PortobelloBeach.com’s Social Media Platforms. Content posted by you on PortobelloBeach.com’s Social Media Platforms does not represent the views of PortobelloBeach.com. PortobelloBeach.com does not accept responsibility for the accuracy of content posted by users on PortobelloBeach.com’s Social Media Platforms.
2. PORTOBELLOBEACH.COM’S RIGHTS
2.1 PortobelloBeach.com strongly encourages users of PortobelloBeach.com’s Social Media Platforms to respect other users, and to understand that PortobelloBeach.com reserves the right to delete user generated posts and/or content that are:
a. abusive, defamatory, or obscene;
b. fraudulent, deceptive or misleading;
c. in violation of any intellectual property right;
d. in violation of any law or regulation;
e. offensive, graphic or inflammatory in tone;
f. advertising or promoting an individual, event, service or company; and/or
g. campaigning, political, or in any other way inappropriate.
2.2 PortobelloBeach.com also reserves the right to delete any other inappropriate content or comments posted on PortobelloBeach.com’s Social Medial Platforms as determined by PortobelloBeach.com in its absolute discretion.
2.3 Any user that posts material that falls into the above categories may be blocked from participating on PortobelloBeach.com’s Social Media Platforms. In addition, please note that Facebook user names must not contain URLs and all postings containing by such users will be deleted.
3. INTELLECTUAL PROPERTY RIGHTS – POSTING CONTENT
3.1 PortobelloBeach.com does not claim any ownership rights in photos that you post on PortobelloBeach.com’s Facebook ‘wall’ or post on any of PortobelloBeach.com’s Social Media Platforms by using the hashtags: #PortobelloBeach and/or #VisitPortobello. However, by posting a photo on our wall and/or by using one of the hashtags noted above in a post, you:
a. warrant to PortobelloBeach.com that you own the copyright in the photo;
b. warrant that the material does not violate or infringe upon the rights of any third party (including, any rights of copyright, trademark, or privacy);
c. warrant that the material does not contain any matter which is defamatory, offensive, unlawful or that may damage PortobelloBeach.com’s reputation;
d. hereby grant to PortobelloBeach.com a non-exclusive, royalty-free, fully paid, worldwide, revocable, non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and/or reproduce, your photo, including without limitation in any online media formats and through any PortobelloBeach.com Social Media Platforms, pages or accounts; and
e. acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your material, or for the granting of the rights set out above.
3.2 You hereby agree to defend, indemnify and hold harmless PortobelloBeach.com from and against any and all losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties. PortobelloBeach.com relies on these representations and warranties and does not accept responsibility to the extent they are inaccurate, and user generated content breaches any third-party rights.
3.3 If PortobelloBeach.com wishes to use your content for a print publication or on one of PortobelloBeach.com’s website, PortobelloBeach.com will contact you to request the relevant permission/licence. PortobelloBeach.com will not use user generated content posted on PortobelloBeach.com’s Social Media Platforms in print publications.
3.4 PortobelloBeach.com has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
3.5 If your photo is used on any of PortobelloBeach.com’s Social Media Platforms, your name will be credited.
3.6 You can revoke this licence at any time by contacting us via email at [email protected] to inform our staff to remove it.
4. UPDATING THESE TERMS AND CONDITIONS
PortobelloBeach.com reserves the right to update these Terms and Conditions at any time and we recommend that you check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
No waiver by us of any breach of these Terms and Conditions shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
If any provision of these Terms and Conditions is judged to be illegal or unenforceable by a court of competent jurisdiction, the remainder of the provisions of the Terms shall continue in full force and effect.
7. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions shall be construed in accordance with and governed in all respects by the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts in respect of all disputes arising out of or in connection with these Terms and Conditions.