#LovellAgree Terms and Conditions for customer generated content, including reviews and images
These Terms of Use govern your conduct and our use associated with customer ratings and reviews and customer and other user generated content, including but not limited to text, comments, location information, photographs, videos, images or other media content, which you have submitted or made available to us including via social media, email or through our website and which we refer to in these Terms of Use as “Customer Content”. These Terms of Use are in addition to our Privacy Notice referred to below. To the extent of any conflict between our Privacy Policy and these Terms of Use, these Terms of Use shall take precedence in respect of Customer Content.
When we say “we”, “our”, “us” or “Lovell Partnerships” in these Terms of Use, we are referring to Lovell Partnerships Limited (trading as Lovell Homes). Lovell Partnerships is the “data controller” of any personal information. Our registered office address is at Kent House, 14-17 Market Place, London W1W 8AJ.
We may seek your permission to use Customer Content in accordance with these Terms of Use. When we do so, we make you aware of these Terms of Use.
When we ask permission to use Customer Content, by commenting “#LovellAgree” in response to us when prompted on social media or by email or by referring to these terms and conditions for example in any promotion or competition that we run, you agree to allow us to use the relevant Customer Content in accordance with these Terms of Use.
How we use your Customer Content
For any Customer Content that you submit or make available to us in accordance with these terms and conditions you grant us permission to share, distribute and otherwise use such Customer Content on our website and/or relevant social media platforms.
By responding #LovellAgree for any Customer Content that you submit or make available to us you grant us a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your Customer Content in any manner determined by us including but not limited to on webpages and social media pages operated by us, in promotional emails and advertisements and in any and all other marketing and promotional initiatives in any media. The rights granted include the right (among other things) to copy, modify, delete in its entirety, adapt, publish, communicate to the public, translate, create derivative works from, sell and/or distribute the Customer Content or any part of it and/or incorporate any images or content from your Customer Content into any form, medium or technology throughout the world.
All Customer Content that you submit or make available to us may be used at our sole discretion but without any obligation to do so. We reserve the right to change, condense or delete any Customer Content on our website www.lovell.co.uk and our platforms on social media that we deem, in our sole discretion, to violate these Terms of Use. We do not guarantee that you will have any recourse through us to edit or delete any Customer Content that you have submitted. We reserve the right to remove or to refuse to post any Customer Content for any reason.
You understand that it may be necessary for us to hold and process your personal data and for your likeness to be in the public domain. We will process your personal data in line with our Privacy Notice.
Your agreements to us in respect of your Customer Content
By submitting or making available to us any Customer Content, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights in the Customer Content generated or made available by you and/or have obtained the right from any other person or entity who may own the Customer Content to use it in accordance with these Terms of Use;
- you hereby waive any "moral rights" that you may have in such Customer Content;
- you are at least 18 years old;
- you are the parent or guardian of any children featured in your Customer Content or you have obtained the express authorisation from the parent or guardian of any children featured;
- you have the permission of any other family members or individuals featured in Customer Content for such Customer Content to be shared and used;
- use of the Customer Content that you supply does not violate these Terms of Use and will not cause injury to any person or entity; and
- any use that we make of your Customer Content will not infringe or contravene the rights, including all intellectual property and privacy rights, of any third party, or any law.
You acknowledge that you, not us, are responsible for the content of your Customer Content. You further agree that you shall not submit any Customer Content that:
- is of a marketing nature or is for marketing purposes or includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- is, or may reasonably be considered to be, unlawful, deceptive, misleading, fraudulent, threatening, abusive, hateful, harassing, libellous, defamatory, tortious, offensive, obscene, pornographic or profane;
- has a sexist, political, racial or religious bias or character;
- violates other people's rights, including any intellectual property rights;
- breaches any applicable local, national or international law or regulation;
- violates these Terms of Use;
- has an unlawful purpose and/or content (or promotes unlawful purposes); or
- is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
You will be liable to us for any claims that may be made against us as a consequence of your violation of these Terms of Use or current legislation, including any claim or loss due to third party claims against us resulting from your Customer Content.
Miscellaneous
Should any of these Terms of Use be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of these Terms of Use.
These Terms of Use are subject to the laws of England and Wales and, unless otherwise stated, the laws of England and Wales apply in all relations between us and you and the users of our websites and social media platforms.
You may request that we remove your Customer Content from our marketing and/or promotional materials. To the extent we are able to accommodate your request, we will remove your content although we will not be bound to do so if the Customer Content is already being used by us.
We reserve the right to modify these Terms of Use by posting a revised Terms of Use without notice to you.
