1. This website at www.WertheimVillage.com (“our Website”) is operated by Value Retail Management Germany GmbH (registered number Amtsgericht Mannheim HRB 570533), whose registered office is at Management Suite, Wertheim Village, Almosenberg, D-97877 Wertheim (“us” or “we”). Our VAT number is: DE 177 075 763.
Your access to and use of our Website, is subject to and governed by all applicable laws and regulations and these terms and conditions (“these Terms”). Please read these Terms carefully. If you do not agree with these Terms, please do not use our Website.
2. By uploading your photos or videos, or agreeing for your photos or videos to be uploaded to our Website, or by using certain Wertheim Village or Value Retail hashtags, you agreed to be bound by these terms and conditions and the general terms and conditions. These terms are subject to change from time to time. Any changes we may make to these terms will be posted on this page. We are under no obligation to update any information contained on our Website. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Website (or any portion or portions of it) and/or the information or materials available through our Website (or any portion or portions of it) with or without notice. Our Website is provided on an “as is” and “as available” basis, and to the extent permitted by law made without any guarantees, conditions or warranties of any kind. Please ensure that you revisit and review these terms regularly as you will be deemed to have accepted, and will be bound by, such changes if you continue to use our Website after the posting of any changes to these terms.
3. We will select photos or videos (“Content”) at our absolute discretion and are under no obligation to use all or any Content that is submitted. We reserve the right to make additions or deletions to the text or graphics (including editing any photograph(s) or graphic material) and to refuse, suspend, terminate, or otherwise remove the publication of your Content.
4. If Content that you have uploaded or made available to us is selected, it means that your Content will be displayed or appear on our Website. Other users will be able to view, and have access to your Content and will be able to elect to share the same via social media sites (including, Facebook, Twitter, Pinterest, Instagram etc.).
6. By uploading your Content, or agreeing for your Content to be uploaded by us, you hereby grant us and the Customer Brand (defined below) a non-exclusive, royalty-free, world-wide, perpetual, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, republish, sell, translate, edit, create derivative works from, distribute, transmit, disseminate and display any of your Content, as well as you name, Instagram, Twitter, Facebook ID profile picture, image, likeness, comments, posts, statements or other information, in any form, media, technology, whether now known or hereafter developed, alone or as part of other works, for any purpose whatsoever (including without limitation for commercial and promotional purposes).
a. By way of definition, “Customer Brand” means Value Retail Management Ltd. (Registered Number 02884191), its shareholders and affiliates; and any company or entity, and its affiliates, to which Value Retail Management Ltd. and its affiliates licenses or provides services;
7. You warrant and undertake that:
a. your Content does not depict anything which is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane, could constitute or encourage conduct that would be considered a criminal offence or breach of any law or contains anything inappropriate or anything else contrary to common standards of taste and decency, or that is deliberately intended to upset other users, and that accompanying comments (if any) are not defamatory or disparaging about us or the Customer Brand, or any third parties;
b. your Content does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”;
c. you will not use a false email address, impersonate any person or entity or otherwise mislead us as to the origin of your Content;
d. you are the legal and beneficial owner of all the intellectual property rights in your Content (other than any third party logos, brand names or artwork featuring in your Content), that it is your original work and does not infringe any third party rights including patents, trademarks, copyright or unregistered rights.
e. you have the full legal right, power and authority to grant us the licence provided for herein;
f. you have obtained all relevant rights and written permission from individuals featuring in your Content, and that your Content does not feature anyone under the age of 18 unless it is your own child (you being the legal representative) and that you give your and you have that child’s consent;
g. you hereby waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in, and in connection with, your Content;
h. if necessary, you agree to do all such other things and execute such other documents as we may reasonably request in order to allow us to use your Content as contemplated in these terms and conditions; and
i. you will not be paid for any of the content, comments or material published.
8. You agree to indemnify us against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing any of your Content.
9. Our Website may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties are those of such third parties and not of us or the Customer Brand, and we and the Customer Brand do not endorse any such opinions, statements or materials.
10. You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation, republication) or misuse by any third party of information voluntarily made public through any use of our Website. If you choose to make any of your personally identifiable information or other information and/or your Content available for use by us, you do so at your own risk.
11. It is not possible for us to be aware of the contents of each comment or review displayed on, or information, materials, products, and/or services available through, our Website (or any portion or portions of it). We operate on a “notice and takedown” basis. If you believe that any comment or review displayed on, or information, materials, products and/or services available through our Website (or any portion or portions of it) contains a defamatory statement, please notify us immediately by writing to us at Legal Team, Wertheim Village, Almosenberg, 97877 Wertheim, Fax 49 (0)9342 91 99 101 or by e-mailing us at legal@WertheimVillage.com. On receipt of notice by your, we will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
12. Our Website is controlled and operated by use from our offices in England. These terms and all matters arising from or relating to these terms and this Website shall be governed by German law. The German courts shall have non-exclusive jurisdiction to settle any disputes, which may arise out of or in connection with these terms or use of our Website.
13. These terms contain the entire understanding between you and us with respect to the use of our Website and the uploading of Content to our Website. No representation, statement, inducement (oral or written) not contained in these terms (as updated from time to time) shall be binding on either your or us.
14. Each of the provisions of these terms is severable. If any provision of these terms is, or becomes, illegal, invalid or unenforceable under the law of any jurisdiction, such provision shall be interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these terms shall remain in full force and effect.
15. If you have any questions or complaints regarding these Terms or any other matter, you may contact us by writing to us at Legal Team, Wertheim Village, Almosenberg, 97877 Wertheim, Fax +49 (0)9342 91 99 101 or by e-mailing us at legal@WertheimVillage.com.