PLEASE READ THESE TERMS AND CONDITIONS (TERMS) CAREFULLY. BY HASH TAGGING [#EYELOVELONDON, #LONDONEYE, #OFFICIALLONDONEYE #THELONDONEYE #THEOFFICIALLONDONEYE] OR TAGGING [@LONDONEYE @OFFICIALLONDONEYE @THELONDONEYE] YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS IN RELATION TO OUR USE OF YOUR CONTENT.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT RESPOND TO OUR REQUEST TO USE YOUR CONTENT.
Who we are and how to contact us
London Eye Management Services Limited (a Merlin Entertainments Group Company) operating under the name the London Eye is registered in England and Wales under the company number 02896849 whose registered office is Link House, 25 West Street, Poole, Dorset BH15 1LD.
What these terms cover
These are the terms and conditions on which you licence to the Coca-Cola London Eye, its subsidiaries, affiliates, licensees, its subcontractors, consultants and agents including without limitation Merlin Entertainments Group Limited (company number 05022287) and Merlin Entertainments Plc (together referred to as "London Eye Group", "we" or "us") the use of all images and materials (including photographs, audio and video material) (Content), which is owned or licensed by you in whatever medium or form.
Term of this licence
This licence shall commence on the date that you indicate your acceptance of these Terms by placing a hash tag on the relevant social media platforms agreeing to London Eye Group's use of the Content.
Grant of licence
In consideration of London Eye Group displaying your Content on a website connected with London Eye Group or a website promoting 'Coca-Cola London Eye', you hereby unconditionally and irrevocably grant to London Eye Group, a perpetual, non-exclusive, fully-transferable, royalty-free, worldwide, sub-licensable licence to use, copy, reproduce, modify, transmit, publish, edit, display and make derivative works of the Content on any media now known, or hereafter developed, in formats and contexts for any purpose including but not limited to the promotion of the service or related business activities and the right to make commercial use of the Content and excerpts of the Content in advertisements for, and in marketing and promotional materials related to, the London Eye Group (the "Licensed Rights").
You hereby waive any and all moral rights or similar rights that you may have in the Content and understand that London Eye Group shall be under no obligation to credit you or publically acknowledge your rights in the Content.
Your rights in the Content
You retain all rights in the Content and nothing in these Terms shall be taken to grant any rights to London Eye Group in relation to ownership of the Content.
You understand that in providing us with the Licensed Rights, London Eye Group shall have absolute discretion in whether it uses the Content and shall not be obliged to use, distribute, display or make derivative works of the Content.
Each party warrants to the other that it has full power and authority to enter into these Terms.
You warrant to London Eye Group that you:
- own or control all the rights necessary to grant London Eye Group the Licensed Rights referred to above;
- the Content does not infringe the rights of any third party (including without limitation copyright, moral rights, privacy rights and publicity rights);
- and you have obtained all relevant consents, releases and waivers to permit the public distribution of the Content;
- the Content does not infringe any third party's intellectual property rights, other proprietary rights or rights of publicity or privacy;
- the Content does not contain any viruses, Trojan horses, worms, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
Limitation of remedies and liability
Nothing in these Terms shall operate to exclude or limit either party's liability for:
- death or personal injury caused by its negligence; or
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- any other liability which cannot be excluded or limited under applicable law.
Transfer of rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, we may transfer our rights and obligations under these Terms to another organisation.
Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be by pre-paid first-class post or other next working day delivery service at its registered office (if a company); or sent by email to the address specified in above (in relation to us) or the email address used on the social media website for which we obtained your Content.
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, licences, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Nobody else has any rights under this contract
No one other than the parties, their successors and permitted assignees, shall have any right to enforce any of its terms.
Variation to these Terms
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Which country's laws apply to any disputes?
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation are governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these Terms or its subject matter or formation.