Social media terms and conditions
Dorchester Collection enjoys interacting with you on public social media platforms via its corporate and inpidual hotel accounts. If you respond to our brand’s questions, posts or otherwise post content on or via our official presence via these platforms, we may use or republish your posted text, photo, video or other materials (collectively ‘Content’) as outlined below. Our official brand and hotel presence on social media platforms includes Facebook, Twitter, Instagram, Pinterest, LinkedIn, Google+ and YouTube. By posting or otherwise making available any content responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including and without limitation Facebook, Twitter, Instagram, Pinterest, LinkedIn, Google+ and YouTube), you represent and warrant that you are 18 years of age or older and that you agree to the following terms and conditions: You irrevocably grant Dorchester Collection (the corporate account and the inpidual hotels), its affiliates, licensees and assign a royalty-free, perpetual, non-exclusive, unrestricted right and global license to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes. In the spirit of community and because we appreciate that you want to be recognised by us and our hotels with what is commonly referred to as a “shout-out,” we will try to credit you as the author/source of the Content by referring to your social media platform handle or identifier. (By posting, you agree that we may identify you as the author/source of the Content.) We might use any really good ideas, suggestions, developments, and/or other material offered to us via your posted Content without any attribution or compensation to you. By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy. Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner. We respectfully ask that you follow the following simple rules that will prevent us from deleting and otherwise blocking you.
- Please don’t post any Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or which discloses personally identifiable information or private or personal matters concerning any person. Don’t post any Content that you don’t have the right to post/transmit (and grant us the rights above) under applicable law or under contractual or fiduciary relationship.
- Never post anything that might be offensive to others, such as sexual comments or racial slurs. Remember that talk of religion, culture or politics can also easily offend others. If you are uncertain or concerned about the appropriateness of any statement or posting, refrain from posting it!
- You warrant and represent that all testimonials, endorsements and/or advertisements contained in your posted Content are truthful, accurate and represent your opinion and personal experience.
- Be respectful to others when making any statement on social media and be aware that you are personally responsible for all communications which will be published on the internet for anyone to see.
You agree to hold Dorchester Collection (sometimes referred to herein as “us” or “our”) and our parent company, affiliates, agents and licensees (collectively, “Indemnitees”) harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management or office time; and
- For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.