Use Content License

Thank you for your interest in our products, we really appreciate all our valued customer’s feedback and opinions.

You are reading this because you have uploaded a picture, review, post or other content that features our products on a social media channel and we really like it. We would, with your permission, like to use that social media content (“User Generated Content” or “UGC”) ourselves in connection with our marketing, promotional and other consumer-facing activities.

If you do give us your permission to use your UGC, you will be granting us a “license” over that UGC. This document sets out the terms and conditions of that license. Please take a few moments to read it while you decide if we may use your UGC.

UGC may also include your username, real name, image, description of you, location or other identifying information only where made available by you in connection with the UGC.

ACCEPT/REJECT

If you agree to the below terms, and are happy for us (and the Licensees) to use your UGC as set out below, please reply with either:

according to the relevant social medial brand channel and as requested by us.

We will keep a record of this acceptance.

If you do not agree to the below terms, and do not want us (and the Licensees) to use your UGC at all, you do not have to do anything - we only use UGC with permission.

If you do let us use your UGC, you are agreeing to the terms set out below.

GRANT OF LICENSE

For the purposes of this license, the words “we”, “us” and “our” refer to the Portmeirion Group, which is the group of companies operating under the parent company of Portmeirion Group PLC (company number 00124842), including in particular:

• Portmeirion Group UK Limited (company number 00417484)
• Wax Lyrical Limited (company number 01499611)
• Portmeirion Group USA, Inc
• Nambé LLC
• Portmeirion Group Designs, LLC,
• Haustopia

You grant to us and our agents, licensees, sublicensees, contractors, successors, legal representatives, assigns and third party service providers from time to time (including marketing or public relations agencies) (together referred to as the “Licensees”) a worldwide, non-exclusive, irrevocable, royalty-free, perpetual and transferable license to use the specified UGC in any way that the Licensees, or any of them, may determine on any media anywhere in the world at any time now or in the future.

This means that:

• Any of the Licensees can use your UGC anywhere in the world;
• Any of the Licensees can use you UGC on any media, be it on our websites, social media channels, email marketing campaigns, printed media or any other method of communication or marketing;
• The Licensees will not pay you anything to use your UGC;
• You have no input into how any of the Licensees may use your UGC;
• Your permission to use your UGC will last forever once given and you cannot withdraw it; and
• You may license your UGC to any other person, as may the Licensees.

Please note that this license is only in respect of the specific UGC that we have identified, and not in respect of all UGC that you may create from time to time on any social media. If you create further UGC that we like and want to use ourselves, we will ask you to grant us a new license, on our then-current terms, in respect of that UGC.

USE OF YOUR UGC

The Licensees may use, display, reproduce, distribute, transmit or modify your UGC in any manner at their sole discretion. This includes combining it with other material or UGC, creating derivative works from it and editing it. The Licensees do not have to use your UGC if they do not want to.

The Licensees may also remove your UGC from their websites, social media channels or other media in which the UGC has been used at any time without any notice to you.

You may only request that the Licensees remove or adapt your UGC if you find out that any of the promises that you give below are, may become, or are alleged to be, false. In such circumstances, you will need to contact us without delay and give us as much information as you can.

Any public use of your UGC by the Licensees will be accompanied by an acknowledgement that you originally created the UGC. This acknowledgement may be your name, or social media username depending on how your name appears at the time the UGC is originally published by you and will be printed on, displayed on or accompanying the publication of the UGC.

YOUR PROMISE TO THE LICENSEES

The Licensees will rely on the promises you make below when using your UGC. If you knowingly give false promises, and the Licensees suffer loss, cost or liability as a result, you may have to pay compensation to the Licensees.

You promise that:

• You are over the age of 18;
• You are solely responsible for your UGC and there is no other person involved in its creation;
• All rights in and to the UGC are owned by you, or you have obtained all appropriate rights, permissions, consents and approvals from all third parties who own, manage or otherwise have an interest in your UGC;
• To the best of your knowledge and belief your UGC does not infringe the rights of a third party, including (but not limited to) any copyright, trademark, patent, trade secret or sensitive information, nor will the use of such UGC by the Licensees in accordance with this license infringe such third party rights;
• To the best of your knowledge and belief, the UGC does not infringe or offend any law, rule or regulation;
• Your UGC is not libelous, defamatory, pornographic, abusive, obscene, harassing, offensive or otherwise unlawful;
• Your UGC is entirely non-confidential and does not contain any information that must be kept confidential; and
• You will notify us without delay if any of the above becomes, or is alleged to be, untrue.

You will compensate the Licensees against any loss, cost, damage or liability that they may suffer or incur that is directly caused by you giving the above promises with full knowledge that some or all of them may be untrue.

OTHER IMPORTANT TERMS

Nothing in this document gives you any license, right or interest in any intellectual property right of the Licensees and all such rights are reserved. This includes any intellectual property rights that arise from the Licensees’ use, adaptation or derivation of your UGC.

If you agree to these terms, we will need to collect and use some of your personal data in order to use the UGC and acknowledge your contribution. Such collection and use of your personal data will be governed by our Corporate Privacy Policy - available at www.portmeiriongroup.com or you can request a hard copy by contacting us on data@portmeiriongroup.com. A limited number of third party services providers such as marketing and public relations agencies may also use the UGC on our behalf and therefore may also collect your personal data for this purpose.

This license is personal to you, and you cannot assign or transfer it to any other person for any reason without our prior consent.

You agree that if the Licensees do not exercise or enforce any legal right or remedy contained in this license, or otherwise available to them by law, that does not mean that such right or remedy is waived and it remains available to the Licensees.

Should any court of law decide that any provision of this license is invalid or illegal, that provision will be removed from the license. The remaining provisions of the license will be unaffected and will remain in full force and effect.

The terms of this license once accepted by you cannot be varied by either you or the Licensees other than in writing signed by both you and Portmeirion Group UK Limited.

We reserve the right to alter our User Content License without advance notice and accordingly you should review the terms of our User Content License each time before you grant permission for us to use your UGC.

The terms of this license are governed by, and should be interpreted in accordance with, the laws of the United States of America.

Last updated: 11 March 2021