User-Generated Content Terms and Conditions
1. Who we are
Captain’s Club Hotel & Spa is a trading name of Platinum One Hotels Limited which is registered in England & Wales. The company’s registration number is 04649411. The VAT number is 824214850. Our address is: Wick Ferry, Christchurch, Dorset, BH23 1HU, United Kingdom
Captain’s Club Hotel & Spa is in the business of hospitality, and we own and/or manage the hotel and self-catering accommodation. We also operate CC Spa (our spa), Club Restaurant (our restaurant), Club Lounge (our lounge), and Quay Bar (our bar), as well as all on-site facilities. For more information about us, please refer to our main website: https://captainsclubhotel.com.
2. Why you are at this page
(a) You have been invited
We note that you have created content which is related to our business ("User Content"), as we have identified in our message/request to you. If you have recently visited us, we thank you for your custom and hope you enjoyed your stay.
We are now reaching out to you to seek your permission to collect, transmit, store, publish and use the User Content, including without limitation on storage systems, websites, social media channels, print materials and other promotional materials (regardless of form) whether owned by or created for and behalf of Platinum One Hotels Limited, our related corporations and our affiliates. We thank you for considering our request.
Should you agree to our request to use the User Content in accordance with the terms and conditions set out herein ("Terms"), you may respond to our message by replying with the hashtag(s) "#yescaptainsclub" and/or grant your approval through system(s) maintained by our service provider(s) providing social curation tools, user-generated content (UGC) management systems. Your agreement to our request will be deemed an agreement to these Terms.
However, should you not agree to these Terms, please ignore the request. Thank you.
(b) You are participating in an event held by Platinum One Hotels Limited
Captain’s Club Hotel & Spa may hold events (including without limitation competitions and promotions) using websites and social media platform(s) that require you to submit your User Content. Each such event will have its own terms and conditions ("Event Terms"), which you are advised to review. Please use the relevant hashtag(s) indicated under the Event Terms to ensure your submission for the event is valid ("Event Hashtag"). By using such Event Hashtag in your submission, it will be deemed that you agree to the Terms and the Event Terms.
(a) About you
By agreeing to these Terms, you will be deemed to be entering into an agreement with us; and accordingly, you would be representing and warranting to us at first instance that:
- you are at least 18 years old or considered a legal adult in the jurisdiction that you reside in; and
- you have the ability and authority to agree to the Terms.
(b) Collection, Storage, Transmission, Publication and/or Use
The User Content will be used for commercial or business-related purposes, including without limitation the promoting/marketing of businesses, services and/or products which are sold, distributed and/or marketed by Platinum One Hotels Limited; and collation of data from potential/actual customer/guest in relation to businesses, services and/or products which are sold, distributed and/or marketed by Platinum One Hotels Limited for market study and/or loyalty programmes; (collectively "Purposes").
We engage third party service providers to facilitate the collection, storage, transmission, publication and/or use of content on our websites, social media channels, print material and other promotional materials (regardless of form) (collectively "Captain’s Club Content").
Further to the above, Captain’s Club Content is also collected, stored, transmitted, published and/or used by our business partners for the Purposes.
Accordingly, your agreement to these Terms will be deemed as irrevocable consent to the collection, storage, transmission, publication and/or use the User Content by Platinum One Hotels Limited, our business partners and our service providers for the Purposes.
Your consent will not lapse or be deemed as revoked notwithstanding (a) the User Content has been removed by you from the websites and/or social media platforms which you have originally uploaded/posted/hosted the User Content on; (b) you have changed your username on such websites or social media platforms; (c) you have closed your account on such websites or social media platforms; or (d) you have changed the settings of your accounts on any website or social media platform such that it is to be limited to a restricted audience ("Setting Change"). In particular, Platinum One Hotels Limited (including our business partners and our service providers) would also not be required to limit the viewing of the User Content to the same restricted audience of your Setting Change.
(c) User Content
The User Content may be in the form of pictures/graphics, photographs, videos, sound recordings, comments, combination of the above and/or any other form derived from the abovementioned.
You own all rights to the User Content and all elements thereof. The User Content is your own creation, and does not contain any element which infringes or violates the rights (including without limitation intellectual property rights, copyright, trademarks, rights of privacy, patent, trade secrets, confidentiality) of other persons.
The User Content must not contain or be accompanied by anything abusive, illegal, derogatory, defamatory, harassing, harmful, hateful, indecent, libellous, objectionable, obscene, offensive and/or threatening. User Content should also not contain or be accompanied by any content relating to nudity or pornography,
The User Content, the storage and/or the use of the User Content does not violate any applicable laws, rules and/or requirements (including without limitation the terms or requirements of the websites or social media platforms on which they have been uploaded/posted on or are hosted on), as well as the terms and conditions of our service provider(s) including without limitation those providing social curation tools, user-generated content (UGC) management systems.
In the event that individuals or personal data of individuals appear in the User Content, you have obtained irrevocable consent from these individuals for their likeness or personal data to be included in the User Content; the User Content to be on websites or social media platforms which you had originally uploaded/posted/hosted the User Content on; and the User Content be collected, stored, transmitted, published and/or used by Platinum One Hotels Limited, our business partners and our third-party service providers for the Purposes.
In particular, if likeness or personal data of any minor form part of the User Content, you have obtained the consent of such child's parent/legal guardian for the minor's likeness or personal data to be included in the User Content; the
User Content to be on websites or social media platforms which you had originally uploaded/posted/hosted it on; and the User Content be collected, stored, transmitted, published and/or used by Platinum One Hotels Limited, our business partners and our third-party service providers for the Purposes.
Upon agreeing to these Terms, you will not modify the User Content such that breaches any of the Terms.
By agreeing to these Terms, you will be granting us a non-exclusive, royalty-free, world-wide, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivatives work from, distribute and display the User Content (or any part of it) and its related content; and that we may include the User Content (or any part of it and its related content) into other works for any Purpose. In particular, you grant us the right, at our sole discretion and choice, to use your personal data (which may include without limitation your username, real name, image, likeness, location) in connection with our use of the User Content.
Notwithstanding the above, we may but are not obliged to use or continue any usage the User Content and/or your personal data. We retain the right to, at our sole discretion and choice, stop or remove any User Content at any time for any reason in our Captain’s Club Content. We reserve the right to moderate the use of User Content and Captain’s Club Content.
In the event that we, at our sole discretion and choice, choose to use your personal data, you agree that we shall not be obliged to ensure that any revised personal data (if subsequently changed) be used; and we may continue to use the original personal data first provided when you agreed to these Terms.
Such agreement will also be an irrevocable and unconditional waiver (i.e. agreement not to enforce) any and all rights in the User Content which you may have against us. If requested, you will also sign such documentations which we may require to protect, perfect or enforce any of the rights you have given us under these Terms.
Our use of your User Content shall not be deemed as any endorsement or affiliation with you and your work. Nothing contained herein shall be construed to be or create a partnership or joint venture between you and Platinum One Hotels Limited.
By agreeing to these Terms, you will be bound by our Policies and expressly agree that we may collect, store, transmit, publish and use your personal data (so defined in the Policies). You acknowledge and agree that we may update our Policies, from time to time, at our sole discretion and without reference/notice to you; and notwithstanding the above, the Policies shall continue to apply.
Notwithstanding the above, the User Content, your agreeing to these Terms, our request for User Content and/or participation in such event held by Platinum One Hotels Limited (as the case may be) shall not be deemed to be confidential information, and Platinum One Hotels Limited shall not owe you a duty to maintain secrecy about.
We encourage you to keep and provide us with your full name, contact details, email address and citizenship so that we may contact you if necessary.
You agree that we may (but are not obliged to) use your personal data for the purposes of crediting or attributing credit to you for the User Content; promoting/marketing of businesses, services and/or products which are sold, distributed and/or marketed by Platinum One Hotels Limited, market studies; and inviting you to participate in any loyalty programme.
(f) Limitation of Liability
You shall be liable for and indemnify us against any and all actions, claims, demands, liabilities, losses, damages, expenses (including without limitation legal expenses), and proceedings suffered by us, which arose directly or indirectly from a breach by you of your obligations, representations or warranties under these Terms, and/or arise directly or indirectly in connection with the collection, storage, transmission, publication and use of the User Content by us, our business partners and our service providers.
Platinum One Hotels Limited shall not be liable for any direct, special, incidental, indirect or consequential damage, including without limitation any loss of profits or loss of data that results from the collection, storage, transmission, publication and use of the User Content. Your only remedy against Platinum One Hotels Limited would be to request that we stop using future use of your User Content in new promotional materials (and not in any other Platinum One Hotels Limited Content already created and in circulation). Should Platinum One Hotels Limited be found liable to you for any damage or loss which is in any way connected to the User Content, our liability to you shall not exceed GBP100.00.
While we make an effort to pre-screen User Content, we shall not be responsible in any manner to ensure that User Content incorporated into Captain’s Club Content is not harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. In particular, we wish to highlight that how User Content is collated to appear in Captain’s Club Content may be random due to software/programming automation, and Captain’s Club shall not be responsible if the combination of User Content from different creators appears to be harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable.
You acknowledge and agree that Platinum One Hotels Limited has no control over User Content beyond its collection, storage, transmission, publication and/or use for Captain’s Club Content; and Platinum One Hotels Limited shall not be liable to you should the User Content be misappropriated for collection, storage, transmission, publication and/or use by third parties for any purpose.
These Terms may not be assigned or transferred by you to another person without our prior written consent.
You agree that we may assign our rights, and obligations under these Terms to any other person, in whole or in part, without consent from or notice to you.
Failure by us to exercise, and any delay, forbearance or indulgence by us in exercising any right, power remedy under the Tests (in whole or in part) shall not operate as a waiver of that right, power or remedy; nor shall it preclude the exercise of such right, power or remedy at any subsequent time or on any subsequent occasion.
Save for Platinum One Hotels Limited and you, no other person shall have a right to enforce any of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Unless otherwise provided herein, all laws referred to or applicable for any clauses in this Terms shall be the laws of the United
Kingdom. You and Platinum One Hotels Limited shall submit to the exclusive jurisdiction of the courts of the United Kingdom to resolve any dispute arising under or in connection with these Terms.
If at any time any provision of these Terms is or becomes invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.
Platinum One Hotels Limited reserves the right to alter these Terms, from time to time, without reference or advance notice by posting the revised version on its corporate website; and notwithstanding the above, you agree that the revised
Terms shall apply to the User Content which approvals were given prior to such revisions. Further to the above, you are also advised to review the Terms each time you agree to any new or subsequent request in relation to other User
Content so identified by us as related to our businesses and which we may subsequently seek your permission to use.
4. Contacting Platinum One Hotels Limited
Platinum One Hotels Limited respects the intellectual property of others, and we ask you to do the same. If you believe that your content has been copied in any way which constitutes intellectual property right infringement, please inform us in writing immediately and provide us with proof of such infringement.
However, we seek your understanding that the content has been provided to us by other individuals on these Terms. Accordingly, if your infringement claim is proven, Platinum One Hotels Limited may only cease to use such content in any future Captain’s Club Content (excluding those already in circulation) or otherwise with your agreement, continue to use such content on these Terms but attribute the content to you instead.
Last Modified: July 2019