Why am I here?
You’re probably here because we loved the content you posted tagging Fred Perry or incorporating Fred Perry products and we reached out to you about using it for our brand marketing.
By responding “#YesFred” to our message, you represent and warrant that:
- you are 18 years of age or older;
- you own all rights in and to your content and it is not copied from any third party;
- you have permission from any person(s) appearing in your content to grant the rights set out in these terms and conditions;
- you waive (or if waiver is not permissible by law, will not assert) any moral rights or other rights with respect to authorship or integrity of the content (so that we can, for example, elect to crop, scale, or change the colour of the content when being used by Fred Perry);
- Fred Perry’s or any of its affiliates’ use of your content does not infringe the rights of any third party or violate any law; and
- you have read and you agree to the following terms and conditions.
What happens if I respond with #YesFred?
By responding “#YesFred”, you grant the companies within the Fred Perry group and any authorised “Fred Perry” partners, appointed from time to time an unlimited, free, non-exclusive, assignable, sublicensable, perpetual, worldwide licence to reproduce, display, perform, distribute, archive, edit, adapt, modify and otherwise use your content, both as digital and non-digital content.
Fred Perry, companies within the Fred Perry group, and any authorised “Fred Perry” partners may use the content as follows:
- on websites (including but not limited to use alongside shoppable links and product carousels);
- digital and non-digital event activations;
- in visual marketing, on marketing emails, and internal communications; and
- social media accounts (including paid for advertising).
We may exercise our rights anywhere in the world, and our licence is perpetual, meaning that we may use the content unless or until you contact us and ask us not to. However, Fred Perry shall have no obligation to use your content.
How will Fred Perry, companies within the Fred Perry group, and any authorised “Fred Perry” partners use my photo/video?
Fred Perry, companies within the Fred Perry group, and any authorised “Fred Perry” partners may, in their sole discretion, include your name, handle or byline when using your content in accordance with these terms. The licence being granted herein is non-exclusive, meaning you can still use your content for your own purposes and let others use it for their purposes too.
We respect your privacy, so we only process your personal information (including your social media username, handle and/or byline) as necessary. We only use this personal information for the purposes of: a) contacting you about this licence (for example, to ask for your consent to use your content); b) keeping a record of the content and your consent; c) utilising your content in accordance with the terms of this licence; d) for crediting you for your content; or e) for sharing your personal information with companies within the Fred Perry group, and any authorised “Fred Perry” partners so that they can use it for the purposes of a)-d) above.
What if I change my mind?
If you change your mind, you need to simply (i) email UGC@fredperry.com and (ii) remove your “#YesFred” comment to revoke this grant of rights. We will aim to action your request as soon as possible – and will certainly respond to your initial email within 30 days.
Indemnity and Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Fred Perry or its affiliates be liable for: (i) any direct, special, indirect, incidental or consequential loss, costs, damages, charges or expenses; (ii) loss of profits, (iii) loss of business, contracts, goodwill, business opportunities; (iv) loss of income or anticipated savings; (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your content as described above, whether arising in tort, or in contract, even if we have been advised of the possibility of such damages.
Nothing in these terms limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence and fraud or fraudulent misrepresentation.
By responding “#YesFred”, you agree to defend and hold Fred Perry and any person acting on Fred Perry’s behalf harmless from and against any claims, damages, liabilities, costs and expenses in connection with our use of your content as described above.
These terms are governed by English law and any disputes in relation to them are subject to the exclusive jurisdiction of the English courts.