User-Generated Content
In these terms and conditions ("Terms") all references to ‘our’, ‘us’, ‘we’, ‘company’ or “Custom Prezzy” are deemed to refer to Custom Prezzy Limited (registered in England and Wales with company number 16072430). Any reference to "you" or "your" is a reference to you, or any consumer who visits our website and these references may be used interchangeably. Please read these legally binding Terms carefully before providing any UGC to Custom Prezzy.
If you tag your Facebook, Instagram, Twitter, TikTok and/or other social media ("Social Media") posts and/or Social Media images (including their captions) with the following handle @customprezzy (the “Custom Prezzy Handle”) or with #CustomPrezzy (the “Custom Prezzy Hashtag”) and your Social Media profile is set to public, then Custom Prezzy may contact you to request your consent to use and/or re-publish your Social Media posts and/or images on the Custom Prezzy digital platforms such as the Custom Prezzy website, Custom Prezzy Social Media channels, email communications and other platforms (the "Custom Prezzy Channels").
All Social Media posts and content tagged with the Custom Prezzy Hashtag and/or the Custom Prezzy Handle including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, videos, clips, GIFs, moving images and all other information and material shall be referred to in this policy as "UGC”.
Custom Prezzy may ask for your permission to use and/or re-publish your UGC either by commenting on the relevant UGC, or by direct message on the relevant Social Media platform.
By replying and giving your consent to Custom Prezzy to use and/or re-publish your UGC, you are agreeing to these Terms.
- You retain all of your ownership rights in your UGC and grant us a non-exclusive, royalty free, perpetual, irrevocable - unless you tell us otherwise pursuant to paragraph 5 - transferable, worldwide licence (including the right to sub-license) to use, reproduce, exploit, publish, modify and alter including, without limitation, the right to adapt, alter, amend or change your UGC, in our sole discretion and on any media, for any purpose, including to advertise our products.
- You hereby warrant and represent that:
- you are aged 18 years or older (verification of this may be reasonably requested);
- you are the relevant Social Media account holder;
- the UGC is your own original creation and you own all of the rights in the UGC;
- you did not copy or use any third party content in your UGC;
- you have obtained permission from any person(s) identifiable in the UGC to post the UGC and to grant the rights specified in this policy, or where those person(s), including yourself, are aged 18 years or under, you either are the parent or legal guardian or such identified person(s), or have obtained the express consent from a parent or legal guardian of such identified person(s) to their appearance in UGC;
- there are no trade marks or brand names (other than Custom Prezzy) in your UGC;
- your use and our use of UGC will not infringe the rights of any third party or breach any applicable law or regulation (as determined by us in our sole discretion);
- the UGC is in compliance with the rules, policies and terms of service of the Social Media platform where the UGC is posted and would not place us in breach of any such rules, policies, terms of service (as determined by us in our sole discretion).
- You hereby unconditionally and irrevocably waive (or procure the same from any third party where applicable) any and all moral rights and any other similar rights in connection with our usage of UGC (including any right to be named as author or to object to the editing of any UGC). If you cannot legally waive your moral rights, then you agree not to assert them in connection with our use of your UGC.
- You agree that the personal data that we collect from UGC will be treated in accordance with our Privacy Notice and these Terms.
- You reserve the right to reverse your decision to allow us to use your UGC at any time from the initial point of agreement. If you wish to withdraw your permission for our use of your UGC, then please let us know as soon as reasonably practicable by sending an email to marketing@customprezzy.com. From the time Custom Prezzy receives your sufficient notice, Custom Prezzy will remove the UGC from the Custom Prezzy Channels within 30 days.
- You are not entitled to any fee, financial reward or other incentives if we use your UGC on any of the Custom Prezzy Channels.
- You agree that you may not be credited or acknowledged for any UGC made available for use by Custom Prezzy.
- You agree that any usage, whether commercial or nor, of the UGC by Custom Prezzy shall not create any partnership, association, sponsorship, representation or affiliation, whether actual or apparent, in any manner between Custom Prezzy and you. For the avoidance of doubt, you shall not purport, directly or indirectly, to be linked to Custom Prezzy in any manner through Custom Prezzy’s usage of the UGC.
- You agree that even if we ask for and obtain your permission to use your UGC, we are not obliged to use the UGC. We retain sole discretion over whether we choose to publish any UGC and are under no obligation to use or re-publish any UGC along with the Custom Prezzy Handle or Custom Prezzy Hashtag on our Custom Prezzy Channels or in any other media.
- We may remove UGC published to the Custom Prezzy Channels or from other media or marketing materials at any time, in our sole discretion.
- To the extent permitted by law, you hereby release Custom Prezzy and any of its affiliates, employees officers and associated parties, and any other third parties used in conjunction with Custom Prezzy’s normal services, that shall use the UGC made available by you from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable legal fees and expenses relating to or arising out of the use of your UGC as contemplated by these Terms.
- We reserve the right to amend this policy at any time, so please check back here each time you tag any UGC.
- The terms of this policy (including any non-contractual disputes or claims arising out of them) are subject to English and Welsh law. Any disputes must be referred to the courts of England and Wales. Consumers in Scotland and Northern Ireland may additionally bring an action in their home courts.
These Terms were last updated in May 2024.