Terms and conditions for users wishing to upload content
These T&Cs are supplemental to and should be read in conjunction with the Duvel Moortgat (“DM”) general Website Terms and Conditions.
These T&Cs apply if you use the Website to submit and upload Your Content onto the Website. If you register, you will be able to submit and upload content onto the Website, subject to you agreeing to these T&Cs.
DM may like to use Your Content, that you submit or upload onto the Website, for commercial purposes and in its marketing campaigns, for example, to feature your stories and photographs on its beer bottles, website, or other online and offline channels.
By checking the box stating “I hereby confirm that I have read and accept the T&Cs”, you are giving DM a licence of your intellectual property rights (“IPR”) in any of Your Content that you upload onto the Website (on the terms set out under paragraph 4.2.2(d) below), to allow DM to use Your Content for commercial purposes.
Please read the T&Cs and the IPR licence carefully before you use the Website because if you accept them, you agree to be legally bound by them. If you do not agree to these T&Cs, including if you are unwilling to licence the IPR in Your Content to DM so that it can be used for commercial purposes, you must not upload Your Content onto the Website.
1.1 Terms used in these T&Cs shall have the same meaning given to them in the general Website Terms and Conditions.
- “Content Submission Feature” is the feature of the Website that allows you to post and upload Your Content on the Website.
- “T&Cs” means the terms and conditions set out on this page which govern use of the Content Submission Feature by Users, incorporating the general Website Terms and Conditions.
- “User” is a person who, subject to the T&Cs, has registered to use a service on the Website.
- “Your Content” is any and all content posted or uploaded by Users, including (without limit) names, usernames, images, photographs, video clips, biographical information, blogs, comments, text, logos, marks, links to any websites and any other information and materials.
2 REGISTRATION PROCESS
Before you are able to access the Content Submission Feature and upload Your Content you must read through these T&Cs and confirm that you have read and accepted them by checking the box stating “I hereby confirm that I have read and accept the T&Cs”.
3.1 Registration for and use of the Content Submission Feature is solely for persons who are of legal drinking age to purchase alcohol in their country of residence and in the country from which you are submitting Your Content through the Content Submission Feature. Any registration by, use or access to the Content Submission Feature by anyone not falling within this category shall be unauthorised, unlicensed and in violation of these T&Cs.
3.2 By using the Content Submission Feature, you warrant that: your use does not violate any applicable law or regulation; and you are of legal drinking age to purchase alcohol in your country of residence and in the country from which you are accessing the Content Submission Feature. DM reserves the right to terminate your use of the Website at any time if it believes that you do not fall within or comply with any of these conditions.
4 PROHIBITED WEBSITE USES
4.1 You may use the Website only for lawful purposes. You may not use the Website:
- 4.1.1 In any way that breaches any applicable local, national or international law or regulation.
- 4.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- 4.1.3 For the purpose of harming or attempting to harm minors or vulnerable persons in any way.
- 4.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards.
- 4.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 4.1.6 To knowingly transmit any data, send or upload any material that contains viruses, malicious code, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2 You also agree:
- 4.2.1 Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of the general Website Terms and Conditions.
- 4.2.2 Not to access without authority, interfere with, damage or disrupt: (a) any part of the Website; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website; or (d) any equipment or network or software owned or used by any third party.
5 SUBMISSION OF YOUR CONTENT
5.1 As a User you may post or upload Your Content onto the Website. In respect of Your Content and any IPR subsisting in or relating to Your Content (including without limitation all copyrights and related rights) you grant to DM and/or its affiliates in consideration of DM allowing you to post or upload Your Content onto the Website a non-exclusive, worldwide, transferable, perpetual, royalty-free and irrevocable right and licence to (without limitation): (a) use, reproduce, redact, adapt (including without limitation edit, modify, translate and reformat), republish, copy, derive, transmit, display and perform, publicly or otherwise, Your Content, in any medium now known or hereafter developed; and (b) label, sell, distribute, commercially exploit, market, promote or advertise Your Content on or in relation to its beer products or any other products of DM and/or its affiliates from time to time produced or, to further develop or sustain the brand image of DM and/or its affiliates, and to deliver it to its consumers, clients, audience, affiliates or other representatives, through any on-line or off-line media or publicity channels; and (c) sub-licence the foregoing rights to third parties. The foregoing licenses shall be granted by you to DM and/or its affiliates without any payment or compensation to you and without DM and/or its affiliates seeking any further approval, consent, permissions or licenses from you in any way whether or not you continue to use the Website. You acknowledge that no monetary, financial or other form 2 of compensation of any nature whatsoever is owing or required to be paid to you by DM or any of its affiliates, directors, officers, employees partners, agents or members for the rights granted herein by you.
5.2 You represent and warrant that you have all the rights, title and interest in Your Content necessary for you to grant the licences set out in this section.
5.3 You agree that before posting or uploading Your Content you are responsible for obtaining all releases, consents, permissions and/or licenses from any third party as may be necessary (for example, where Your Content contains elements of other people’s work or contributions from other people) for uploading Your Content onto the Website and for any subsequent use of Your Content by DM and/or its affiliates in accordance with these licence terms. You are responsible for determining whether your use of Your Content by uploading it onto the Website requires the release, consent, permission and/or licence of any third party. If you are unsure whether additional third party releases, consents, permissions and/or licenses are required for your use of Your Content, you are responsible for obtaining independent legal advice before you upload any of Your Content onto the Website.
5.4 You represent and warrant that you are the person depicted in any images, recordings or videos submitted as part of Your Content or, if you upload any images, recordings or videos of any third party, that you have obtained the prior written consent of that party to submit such content to the Website.
5.5 You hereby irrevocably waive any and all moral rights or similar rights that you may have in or in relation to Your Content.
6 CONTENT STANDARDS
6.1 The DM content standards play an important role in maintaining a positive experience for its consumers and visitors to the Website. You acknowledge and agree that whenever you make use of a feature that allows you to post or upload Your Content to the Website, you must comply with the content standards set out under this section.
6.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of Your Content as well as to the whole.
6.3 Your Content must (a) be accurate (where they state facts), (b) be genuinely held (where they state opinions); and, (c) comply will all applicable law in Belgium and in any country from which they are posted.
6.4 Your Content must not:
- Contain any material that is aimed or targeted at, or contains any information about, any persons under the legal drinking age applicable in your country of residence and in the country from which you are accessing the Website.
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain or promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or any other Intellectual Property Right of any other person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from DM, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6.5 DM is under no obligation to oversee, monitor or moderate Your Content, but may review Your Content from time to time at its sole discretion to check compliance with these content standards and T&Cs.
6.6 DM will determine, in its sole discretion, whether there has been a breach of the content standards through your use of the Website and the posting or uploading of Your Content. DM reserves the right when applying the content standards to, in its discretion, make exceptions.
6.7 DM in no way guarantees that Your Content or any part of it will be displayed on the Website. DM reserves the right at its sole discretion to reject, edit or remove any of Your Content from the Website at any time without notice to you.
6.8 You warrant that any contribution of Your Content complies with these content standards, and you hereby indemnify, keep indemnified and hold harmless DM against any and all claims, damages, costs and expenses arising from any breach of that warranty. Furthermore, in the event of a breach of these content standards, DM reserves the right to immediately suspend or ban you from using the Website and from re-registering to use the Content Submission Feature without notice and take any other action as it shall reasonably deem appropriate.
6.9 DM expressly excludes liability for any loss or damage arising from the use of any interactive services on the Website by you in contravention of the content standards, whether or not Your Content is moderated and in addition excludes liability for any action taken by DM in response to a breach of the content standards.
7 LINKING FROM THE WEBSITE
7.1 As a User, you may include links to any website in the submission of Your Content, provided that the website to which you are linking must comply in all respects with the content standards set out at paragraph 6 above.
7.2 Please also refer to the linking policy set out in the general Website Terms and Conditions which sets out terms and conditions relating to the creation of links to and from the Website by you.
The extent of DM’s liability to you is set out in the general Website Terms and Conditions. Please read these terms carefully.
You hereby agree to indemnify, keep indemnified and hold harmless DM and any of its directors, officers, representatives, agents, employees, partners and affiliated companies in full and on demand from and against all third party claims (including without limitation any claim made against DM for actual or alleged infringement of a third party’s IPR), liabilities, 3 damages, costs, expenses and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by DM and any of its directors, officers, representatives, agents, employees, partners and affiliated companies arising out of or in connection with (a) Your Content and/or (b) a breach by you of any term in these T&Cs and a term of this agreement.
10 ENTIRE AGREEMENT
The T&Cs and the general Website Terms and Conditions and, any other document expressly referred to in it constitute the entire agreement between you and DM and supersedes any previous agreements, understanding, communications, offers, proposals or correspondence, oral or written, exchanged or concluded between you and DM relating to your use of the Website including the Content Submission Feature.
11 WRITTEN COMMUNICATIONS
11.1 Any notice given by DM will be given by email or by posting a notice on the Website. You agree to electronic communications and acknowledge that all contract, notice and other communications that DM provide electronically comply with any requirement that they must be in writing.
11.2 Any notice given by you in connection with these T&Cs must be in writing and shall be validly given if sent by email with a read receipt to the following email address: firstname.lastname@example.org.