TERMS AND CONDITIONS
Website Terms and Conditions
1. About Us
1.1 In these Terms, "we" "us" and "our" means Drum OMG Limited (company number 02904456), whose registered office is at Fitzroy House, 11 Chenies Street, London, WC1E 7EY, United Kingdom.
1.2 If you have any questions, complaints or comments about the goods then please contact us on firstname.lastname@example.org.
2. Access to the Website and content
2.1 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
2.2 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
2.3 We assume no responsibility for the contents of any other websites to which the Website has links.
2.4 The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
3. Your promises to us
3.1 You confirm to us that:
(a) you are over 16 years of age; and
(b) all information and details provided by you to us (including on submission of any ideas) are true, accurate and up to date in all respects and at all times.
4. Your conduct
4.1 You agree that in using the Website you will not:
(a) use the Website for any unlawful purpose;
(b) use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;
(c) transfer files that contain viruses, trojans or other harmful programs;
(d) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures; and/or
(e) use the Website in such a way that adversely affects the name, reputation or goodwill of us or of McDonald's.
4.2 We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of these restrictions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
4.3 If we take legal action against you for any breach of these terms and conditions and a court makes an award in our favour you will be responsible for all costs allowable by the Courts.
5. Intellectual Property
5.1 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
5.2 Channel Us is a trade mark of McDonald's. Other product and company names mentioned on this Website may be the trademarks or registered trade marks of their respective owners.
6. Your Submissions
Uploading content to our site
6.1 Whenever you submit a video or photo ("Submission") to us using the online submission form [Note: Inset hyperlink to the submission page] or in any other way, or make use of any other feature that allows you to upload content to our site, such Submission must adhere to McDonald's marketing requirements ("McDonald's Requirements") by, where relevant:
(a) always being truthful and not misleading;
(b) advocating a balanced, active lifestyle;
(c) respecting the principles of fair competition;
(d) not comparing McDonald's to other brands;
(e) not intruding upon the privacy of individuals;
(f) not inciting fear, distress, violence, illegal or anti-social behaviour;
(g) not depicting or implying drug or alcohol use; or
(h) not promoting the overconsumption of food and beverage products.
6.2 Any Submission will be considered non-confidential and non-proprietary.
6.4 You agree that any copyright and other intellectual property rights vesting in your Submission will be owned by us and to this effect by submitting the Submission, you agree to hereby unconditionally and irrevocably assign to us, as legal and beneficial owner and with full title guarantee, by way of present assignment of all present and future rights, all rights, title and interest in all intellectual property rights (reproduction, representation and adaptation rights) in or arising out of your Submission, worldwide, for the full legal duration of such rights for our commercial, promotional and advertising purposes, in any kind of materials (printed materials, posters, press, online materials as for instance all of our related websites or webpages, banners, TV and radio commercials, etc.). You also hereby agree to irrevocably and unconditionally waive any and all moral and similar rights vesting in your Submission to the extent legally permissible.
6.5 We accept no liability for Submissions supplied by any user (whether or not for display on the Website) and the limitations in section 7 below (Exclusions of liability) apply.
6.6 You are responsible for ensuring that no Submission is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties or the McDonald's Requirements. We have the right to delete any Submission if, in our opinion, your Submission does not comply with this clause.
6.7 You warrant that you have taken all reasonable precautions to ensure that any Submission you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
6.8 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this section 6.
6.9 Subject to the Contracts (Rights of Third Parties) Act 1999 section 6 may be enforced by the following people in their own right: (a) any third party with whom we contract for content or advertising; and
(b) our employees or agents,
at the time of any failure to observe.
6.10 We also have the right to disclose your identity to any third party who is claiming that any Submission constitutes a violation of their intellectual property rights, or of their right to privacy.
6.11 We will not be responsible, or liable to any third party, for the content or accuracy of any Submission.
6.12 You are solely responsible for securing and backing up your Submission.
'Channel Us' YouTube channel
6.13 You acknowledge and agree that we can post any Submission on the 'Channel Us' You Tube channel [Note: Insert hyperlink to the YouTube Channel]. However we are under no obligation to post your Submission on the 'Channel Us' You Tube channel.
7. Exclusions of liability
7.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
7.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. Nothing in these terms and conditions shall limit our liability for: (i) death or personal injury caused by our negligence; (ii) our fraud or wilful default; and (iii) any other liability which cannot by law be limited or excluded. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.
7.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
8. Third Party Links and Resources in our Website
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
9. Data protection and cookies
9.1 Please see our Privacy and Cookies Policy at the following link for details on the information we collect about you.
10.1 We may terminate your access to the Website on not less than 3 days' written notice to you.
10.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
12. Governing law
12.1 These terms and conditions shall be governed by and construed in accordance with English law.
12.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.