User generated content Terms of Use

Hooray Studios Ltd. (“Hooray Studios”) reaches out to social media users to seek their permission to feature our favourite content on our various sites, social channels, and various promotional materials. You are reading this because Hooray Studios has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag #Hooraystudios, #hooraystudios, #HoorayStudios, #Hoorayheroes, #hoorayheroes, #HoorayHeroes, #hoorayheroesuk, #HoorayHeroesuk, #Hoorayheroesuk, #hoorayheroesUK, #HoorayHeroesUK, #HoorayheroesUK, #Hoorayheroes_uk, #hoorayheroes_uk, #HoorayHeroes_uk, #Hoorayheroes_UK, #hoorayheroes_UK. #HoorayHeroes_UK, #Hurrahelden, #Malijunaki, #Urraeroi, #Hourraheros or using @Hooraystudios, @hooraystudios, @HoorayStudios, @Hoorayheroes, @hoorayheroes, @HoorayHeroes, @hoorayheroesuk, @HoorayHeroesuk, @Hoorayheroesuk, @hoorayheroesUK, @HoorayHeroesUK, @HoorayheroesUK, @Hoorayheroes_uk, @hoorayheroes_uk, @HoorayHeroes_uk, @Hoorayheroes_UK, @hoorayheroes_UK. @HoorayHeroes_UK, @Hurrahelden, @Malijunaki, @Urraeroi, @Hourraheros, you agree to these Terms of Use. In the case you have received our product(s) as a gift from Hooray Studios and you choose to post it on social media; or and by using them on your post(s), you agree to these Terms of Use.

Hooray Studios engages a limited number of service providers to facilitate the collection and transmission to the Hooray Studios websites (www.hoorayheroes.com, www.hoorayheroes.co.uk, and others, hereinafter the “Site”), social media channels, promotional materials, and other properties (“Hooray Studios Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments, and other materials from social media sites, for use by Hooray Studios in connection with its business, including Hooray Studios’ product feature, marketing, promotional, advertising, and other consumer-related activities (the “Hooray Studios Services”).

Hooray Studios reserve the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorisation to feature your User Content.

User Content License
You certify that you are at least 18 years of age.

You hereby grant to Hooray Studios and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional, and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including, but not limited to, your voice, in connection with any use of your User Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge, and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential, and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties’ behalf. By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer, and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Content from the Site and the Hooray Studios Properties. If you believe any content, including User Content, residing on the Site or on the Hooray Studios Properties or displayed or used in connection with the Hooray Studios Services infringes any person’s or entity’s copyright rights, please refer to hello@hoorayheroes.com.

These Terms of Use apply to the entire Site, the Hooray Studios Properties and Hooray Studios Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the Hooray Studios Properties or in connection with the Hooray Studios Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by Hooray Studios applicable to such Hooray Studios Services and User Content, including but not limited to those set forth on the Hooray Studios website, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Hooray Studios (the “Hooray Studios Terms”).

The Site, Hooray Studios Services, or Hooray Studios Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Hooray Studios by authorising use of your User Content or otherwise using or accessing the Site, the Hooray Studios Services, or the Hooray Studios Properties.

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Hooray Studios’ prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Hooray Studios does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Hooray Studios has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hooray Studios’ rights and that those rights or remedies will still be available to Hooray Studios.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

CONTENT CONSENT AND RELEASE FORM
RIGHTS OF USE
I hereby represent and warrant that the content (photos, videos, texts, etc.,) I have submitted to Hooray Studios, Ltd., including its affiliates, subsidiaries, and related companies ("Hooray" or "you") through email and other applicable communicational tools ("Content") is my original work, it has not been copied from others, and it does not violate the rights of any other person.

By sending the Content, I am hereby granting, where permitted by law, Hooray and its representatives a non-exclusive, transferrable, perpetual worldwide licence (with the right to sublicence) to print, publish, broadcast, distribute, reproduce and use the Contents on the Internet, in press releases, in newsletters and event announcements, presentations, articles, social media marketing channels for news, publicity, information, trade, advertising, public relations, and promotional purposes and for any kind of present and future Hooray events without any further compensation, notice, review, or consent. Moral rights in the Content remain with myself.

I hereby further represent and warrant that I have, or have obtained, all rights, licences, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that I submit to Hooray. I agree that such Content will not contain material subject to copyright or other proprietary rights unless I have the necessary permission or are otherwise legally entitled to post the Content and to grant Hooray the licence described above.

RELEASE FORM FOR A MINOR (IF APPLICABLE)
I hereby certify that I am the adult parent or guardian of a child under the age of majority (hereinafter “Child”), who is not legally competent to give consent to the processing of the Child’s personal data in relation to the Content, and that I have the legal authority to execute this release on behalf of the Child.

By sending the Content to you (hereinafter, “Release Form”), I irrevocably give permission to Hooray and its officers, agents, employees, successors, licensees, and assigns to take, reproduce, edit, publish, distribute and otherwise use for advertising, trade and/or promotion of Hooray and its products the Child's appearance, name, likeness and biographical data as included in the Content (hereinafter, “Material”). I further give permission to Hooray to use the Child’s name and any other personal data in or in connection with any Material. I also waive any right to review and approve the publication or other use of Material for the above-described purposes either in its original form or as edited by Hooray now and in the future. The herein granted right of Hooray to use Material does not constitute an obligation to make use of this right. Hooray hereby undertakes to process the Child’s personal data obtained in accordance with the above permission exclusively for purposes described in this Release Form and in line with its privacy policies and applicable privacy laws:

By sending the Content to you, I also certify and warrant that all Content created by myself has been, to the best of my knowledge, produced in compliance with applicable laws governing child labour in the entertainment industry, including (if applicable) but not limited to obtaining from a supervisory authority, written consent to employ a minor and obligation to establish a separate bank account for income from child engagement.

I agree to defend, indemnify and hold harmless Hooray from any and all liability, claim, action, damage, expense, and losses of any kind (including attorney’s fees) caused by or arising out of or in relation to the use of any of the rights granted by myself herein. I also agree to indemnify Hooray from any and all liability, claim or action caused by or arising from and in connection to any breach of provisions of this Release Form and any violation of applicable law, including but not limited to applicable labour laws and right to publicity, from my side.

PRIVACY ISSUES
I HEREBY GIVE MY EXPRESS CONSENT TO SHARE THE CONTENT IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS WITH HOORAY FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) THE CONTENT ON HOORAY WEBSITES (E.G. HOORAY WEBSITE, FACEBOOK PAGE, INSTAGRAM, TWITTER, PINTEREST, HOORAY NEWSLETTER, ETC.), INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM, ETC.).

I HEREBY GIVE MY EXPRESS CONSENT TO SHARE THE CONTENT IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS WITH HOORAY BUSINESS PARTNERS FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) THE CONTENT ON HOORAY’S PARTNER WEBSITES, INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM, ETC.).

Your privacy and data protection rights with regard to the personal data that we hold about you

You have a number of rights with regard to the personal data that we hold about you and you can contact us with regard to the following rights in relation to your personal data:

- You have the right to receive a copy of the personal data we hold about you.

- You have the right to correct the personal data we hold about you.

- Where applicable, you may also have a right to receive a machine-readable copy of your personal data.

- You also have the right to ask us to delete your personal data or restrict how it is used. There may be exceptions to the right to erasure for specific legal reasons which, if applicable, we will set out for you in response to your request.

- Where applicable, you have the right to object to processing of your personal data for certain purposes.

- Where you have provided us with consent to use your personal data, you can withdraw this at any time.

If you would like to exercise any of your rights specified above, please email dpo@hooraystudios.com. We will deal with requests within one month.

We may need to request specific information from you to help us confirm your identity. If your request is complicated or if you have made a large number of requests, it may take us longer. We will let you know if we need longer than one month to respond. You will not have to pay a fee to obtain a copy of your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOORAY AND ITS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) THE CONTENT; (ii) ANY CONDUCT OF ANY THIRD PARTY REGARDING THE CONTENT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTENT USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE CONTENT; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HOORAY AND ITS ENTITIES EXCEED THE GREATER OF ONE HUNDRED POUND STERLING (U.K. £100.00) OR THE AMOUNT YOU PAID HOORAY, IF ANY, IN THE PAST SIX MONTHS FOR ITS SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HOORAY AND ITS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

Last updated: April 28, 2020