Terms & Conditions
Plymouth Sound National Marine Park Crowdriff Rights Request
Please read the terms and conditions (“terms”) carefully as they may have changed since your last visit to this website. By (1) responding to the Crowdriff rights-request, and implementing the designated hashtag (#YesNMP) within your response or (2) completing the image collector form either in response to a request of rights or by customer initiation, you accept any and all terms and conditions contained herein. If you do not accept these terms and conditions, please do not implement the designated hashtag in your response to the rights-request or complete the image collector form.
By either (1) responding to the Crowdriff rights-request with the Hashtag (#YesNMP) or (2) completing the image collector form either in response to a request of rights or by customer initiation and agreeing to be bound by the terms and conditions (collectively, Rights Request and Collector Form are hereinafter referred to as “Accepting the Terms”), I grant to Plymouth Sound National Marine Park, a non-exclusive, perpetual, irrevocable, transferrable, worldwide, and royalty-free right and license, to (1) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or work, publish, translate, publicly perform, publicly broadcast and publicly display any and all user-generated content which I post on social media site(s), in whole or in part, in any format or medium now known or later developed, at Plymouth Sound National Marine Park’s sole and absolute discretion, including without limitation on Plymouth Sound National Marine Park’s website, print or online advertising, and/or social media site(s); and (2) use (and permit others to use) the Content in any manner and for any purposes, including without limitations: marketing, advertising, commercial or promotion purposes that Plymouth Sound National Marine Park or their affiliates deem appropriate at Plymouth Sound National Marine Park’s sole and absolute discretion; in exchange for valuable consideration, the receipt and sufficiency of which is expressly acknowledged.
By Accepting the Terms, I agree that (1) I am solely responsible for the Content; (2) Plymouth Sound National Marine Park is not required to host, display, or distribute any Content anywhere and may remove Content at any time or refuse Content for any lawful reason; (3) Plymouth Sound National Marine Park is not responsible for any loss, theft, misuse, or damage of any kind to the Content; (4) I will not upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; and (5) I will not impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity. I understand and agree that Plymouth Sound National Marine Park has created a limited public forum which is limited to Content related to the Plymouth tourism and hospitality industry.
By Accepting the Terms, I represent and warrant that (1) I own all rights in and to the Content and that I have the necessary authority to grant the aforementioned license, or, in the alternative, I represent and warrant I am authorized to and otherwise possess all rights necessary to grant the license to the Content to Plymouth Sound National Marine Park; (2) that the Content does not contain any libelous material; infringe upon any trade name, trademark, or copyright; or invade or violate any right of privacy, personal right, or other common law or statutory right; (3) the Content is related to Plymouth tourism and hospitality industry; (4) I have not granted any person or entity any rights to the Content which would be in conflict with the grant of rights herein, and that I am unaware of any facts that would put a reasonable person on notice of the likelihood of any claims in connection with the Content; and (5) I am at least eighteen (18) years of age and have the legal right to enter into this agreement.
I understand that I will not be compensated or granted any additional consideration or compensation by Plymouth Sound National Marine Park or any third party, now or in the future, for submitting the Content and granting the license.
I agree to defend, hold harmless and indemnify the Plymouth Sound National Marine Park, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, expenses, liabilities, or injuries, whether direct or indirect (including any and all costs and expenses, including attorney’s fees, in connection therewith), in connection with the grant or rights described herein and warranties given hereunder except for any such claim arising out of the sole negligence or willful misconduct of Plymouth Sound National Marine Park, its officers, agents, employees or volunteers.
I hereby voluntarily waive any and all rights I may have to sue or otherwise pursue any action or claim against Plymouth Sound National Marine Park related in any way, either directly or indirectly, to Plymouth Sound National Marine Park’s use of the Content in accordance with these Terms and further waive any and all moral rights I may have in and to the Content.
I understand and agree that Plymouth Sound National Marine Park may, at its sole discretion, change these Terms and conditions at any time. Any such change will be posted on https://plymouthsoundnationalmarinepark.com/
These Terms shall be governed by the laws of the UK. All proceedings involving disputes over the terms, provisions, covenants or conditions contained herein and all proceedings involving any enforcement action related to these Terms shall be initiated and conducted in the applicable court.
I understand and agree that the Content will be publicly displayed and it will not be treated as confidential. I further understand and agree that the Content and related information may be subject to release in response to a request under the Public Records Act and the content and related information may be subject to Plymouth Sound National Marine Park’s records retention policies.
Nothing herein is intended to provide that the benefits of this Agreement shall inure to any third party, nor shall any provision herein be so construed.
Nothing herein shall be deemed, construed or represented by myself, Plymouth Sound National Marine Park, or any of Plymouth Sound National Marine Park’s affiliates or by any third person to create the relationship of principal and agent between myself and Plymouth Sound National Marine Park, and I shall not, at any time, or in any manner, represent that I am in any manner an agent or employee of Plymouth Sound National Marine Park.
I understand and agree that I shall have no authority, expressed or implied, to act on behalf of Plymouth Sound National Marine Park in any capacity whatsoever as an agent, nor shall I have any authority, expressed or implied, to bind Plymouth Sound National Marine Park to any obligation whatsoever.