Submission Terms

Date of Last Revision: June 10, 2022

  1. I agree that by submitting or providing by any means any photographs, videotape, audio tape, comments, statements, stories, information, designs, text or other content or materials (the “Submissions”) to the Summer Place Holdings (Pty) Limited (“SPH”), I hereby grant SPH, and anyone authorized by SPH, a perpetual, irrevocable, worldwide, sub licensable, royalty free right license to display, publish, reproduce, distribute, publicly perform, publicly display, adapt, edit, modify, create derivative works of and otherwise use the Submissions in any manner or media and for any purpose whatsoever at the sole discretion of SPH, including without limitation any new SPH services & products promotional programs, advertising or commercial use of any kind. This license may be sublicensed or assigned by SPH in its sole discretion. I further give my permission to use my name, likeness, voice, story, comments and persona in connection with such Submissions. Except in connection with SPH, I hereby agree that I will not use, or license any other third party to use, the Submissions for any other commercial purposes or social responsibility purposes, including without limitation use in any other SPH services & products promotional programs or for any other related advertisement, communication or new services & products or service/products improvements.
  2. With respect to any photographs, videotape, audiotape, digital media or other media or materials taken, recorded or otherwise obtained by or on behalf of SPH (collectively the “Photographs and Recordings”), I hereby grant to SPH, and anyone authorized by SPH, permission to: (a) photograph and record me, (b) edit and modify the Photographs and Recordings, and (c) use and distribute such Photographs and Recordings, in whole or in part, together with my name, likeness, voice, story, comments and persona, in any manner or media and for any purpose whatsoever at the sole discretion of SPH, including without limitation any new SPH promotions, advertising or commercial use of any kind. I understand and agree that SPH will own all rights of any kind in the Photographs and Recordings, and that I will retain no rights therein.  
  3. I represent and warrant that: (i) I am either 18 years of age or older or have obtained the signature of my parent or guardian below; (ii) I am the sole and exclusive owner of the copyright and all other rights in and to the Submissions or otherwise have the unconditional right to submit the Submissions to SPH and grant the rights granted herein; (iii)  I have or have obtained all rights necessary to grant the rights and permissions set forth herein with respect to the Photographs and Recordings; (iii) no infringement or violation of any applicable law, rule or regulation or the rights of any third party, including without limitation any copyright, trademark, right of privacy or right of publicity, will result from any use of the Submissions, the Photographs and Recordings or my name, likeness, voice, story, comments or persona as captured therein; and (iv) I have a written permission from anyone appearing in any Submissions, and for minors from their parent or legal guardian, to post and submit such Submissions and for SPH and its designees to use such Submissions and the name, voice and likeness of anyone as contained therein, as described in this Agreement.
  4. I further represent and warrant that in creating any Submissions, I was working on my own time, and not for any employer or third party, and that I did not use any equipment or materials owned by any corporation or other third party, and that no interest in the Submissions is owned or controlled by my employer or any other corporation or entity. With respect to creating any Submissions, I acknowledge that I was volunteering my time or resources to SPH willingly and that any disposable materials used in the creation of the Submissions may constitute purchase payment processing or settlements to SPH or services or products review updates.
  5. I agree to defend, indemnify and hold SPH, and its officials, employees, directors, officers, contractors, professional advisors, assignees, distributors, agents, or other persons affiliated therewith, harmless from and against any and all liabilities, losses, claims, demands, costs and expenses (including reasonable legal’ fees) arising out of or in connection with the Submissions, the use of my name, likeness, voice, story, comments or persona as authorized herein, or the breach or alleged breach of any of the representations or warranties set forth herein.  
  6. I hereby release and discharge SPH, and its respective agents, distributors, officials, employees, interns, instore sales representatives and assigns, and anyone acting under their authorization, from any claims that use of the Submissions, the Photographs and Recordings, or my name, likeness, voice, story, comments and persona, as authorized herein, violates any of my rights, including without limitation any rights of publicity or privacy. I understand that I will not be entitled to any additional compensation for the permission and release granted herein or for any use of the Submissions, Photographs and Recordings or my name, likeness, voice, story, comments or persona.  
  7. The grants and releases set forth in this Agreement are perpetual and irrevocable so that SPH may proceed in reliance thereon, and I agree that I will not be entitled to any injunctive relief that would prevent or interfere with the use, display, distribution or other exploitation of the Submissions or the Photographs and Recordings. I further understand that SPH shall have no obligation to make any use of the Submissions or the Photographs and Recordings and that all rights granted herein are fully sub licensable and assignable. I hereby attest that I have read, and agree, to the above statement.
  8. No modifications or amendments to these Content Submission Terms shall be binding unless reduced to writing and signed by me and SPH.  The Content Submission Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa or international, and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions (South Africa or foreign or international), that would cause the laws of any other jurisdiction to be applicable.