Be Part of Our Tribute to the NHS and Key Workers
We’re inviting YOU to take part in our heartfelt message of thanks to NHS & Key Workers by asking you to send in your photos to help create a giant photomosaic installation. The photos will form a large ‘Thank You’ message from the community and will be displayed here in Eden.
We feel it’s important to continue to show our appreciation to these special people for caring for us and keeping society running during such a difficult period and we hope you will join us and show support by sending us your photo!
The mosaic will feature a beautiful rainbow design that has become a beacon of hope during the pandemic, the photomosaic will incorporate a message of thanks to help bring colour and positivity back into the lives of our community.
We need to collect over 1,000 photos to generate the mosaic which will form part of a lasting tribute to the commitment and bravery of all NHS staff and key workers throughout the COVID-19 pandemic.
If you would like to be part of this photomosaic tribute, simply upload a photo below. Whether it’s a family photo capturing lockdown moments, a picture of your child’s rainbow drawing or a photo of yourself holding up your own message of thanks, we would love to see them all.
As well as being displayed inside Eden, the photomosaic will also be available to view here on our website with the opportunity to zoom in and find your photo!
These Terms and Conditions apply to the uploading and sharing of content, photographs, and other related information on www.edenshopping.co.uk (the “Website“) and in public areas at Eden Shopping Centre (The Centre).
The website is operated by Savills plc, incorporated and registered in England and Wales. Registered office: 33 Margaret Street, London, W1G 0JD. Registered number: 2122174. Savills plc is a holding company, some of whose subsidiaries are authorised and regulated by the Financial Conduct Authority (FCA).
Savills is the “controller” responsible for your personal data. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.
By uploading your content to the Website (or sharing with #project title hashtags or tagging on social media platforms) and any of our associated websites you are accepting these Terms and Conditions.
We refer to the photography and other content provided by you (“Photography”) for the purposes of a photo mosaic project (“Project”). These Terms and Conditions confirm the terms of the agreement between us whereby you have agreed to grant to us a licence to exploit certain rights in the Photography. We have agreed the following:
If you do not accept the terms of this agreement, you should not upload or share any photographs, videos, information or other content to the website or any of our associated websites or social media platforms.
Under this Agreement, we give you the opportunity to take part in a creative project which may involve, amongst other things, photography, photo mosaicking, video, multimedia, literary and other artistic and communicative content (“Project”).
The terms on which you have agreed to grant us a licence to use the photography, video, multimedia, literary and other artistic and communicative content provided by you (“Photography”) are set out in this Agreement. We will make reasonable efforts to ensure that the Photography is included in the Project, but we will not be legally obliged to do so and any failure to do so will not constitute a breach of this Agreement.
As part of the Project, you also agree to provide relevant information relating to the Photography, including any stories behind the Photography and/or those featured in the Photography, as well the names of the people and places appearing in the Photography (“Information”).
Together, the Photography and the Information are the “Content”.
Grant of Licence
In consideration of the opportunity to take part in the Project and for other good and valuable consideration, you hereby grant to us:
A non-exclusive, royalty-free, worldwide, irrevocable, transferrable, sublicensable licence to use the Content for the full period of copyright (including all periods of renewal, extension and revival of the copyright), and thereafter in perpetuity and all necessary consents under all applicable laws (including under the Copyright, Designs and Patents Act 1988 as amended and/or replaced from time to time) to enable us to reproduce, publish, distribute, exhibit, edit, adapt, modify, crop, alter and otherwise use and exploit the Content and the Information (whether alone or incorporated into or in conjunction with other works) for any/all purposes, commercial and/or non-commercial, relating to the Project, including:
1) For publication in all media (whether now known or hereafter devised including promotional material and national and international press)
2) For publication on the internet (including on social media)
3) For academic and scholarly purposes;
4) For cultural, educational, entertainment and social purposes, including exhibitions and oral and visual presentations to the public; and
5) For the production, marketing, distribution and sale of products (e.g. merchandise and printed goods).
You hereby warrant and undertake that:
1) You are the sole owner of the Licensed Rights and/or you have full authority to enter into this Agreement;
2) As far as you are aware, having made full and reasonable enquiry, the Content does not infringe the rights of any third party or incorporate any material that infringes the rights of any third party (including any right of confidentiality or privacy), and the use of the Content will not violate the rights of any third party;
3 You shall immediately inform us if you become aware of any claim that the content infringes the rights of any third party or incorporates any material that infringes the rights of any third party (including any right of confidentiality or privacy), or that the use of the Content violates the rights of any third party;
4) As far as you are aware, having made full and reasonable enquiry, the Content does not incorporate any material that is obscene, blasphemous or defamatory, and the use or exploitation of the Content will not place any person in contempt of court or in breach of any provision of any statute;
5) You shall immediately inform us if you become aware of any claim that the content incorporates any material that is obscene, blasphemous or defamatory, or that the use or exploitation of the Content will place any person in contempt of court or in breach of any provision of any statute;
6) You are in compliance with, are shall continue to comply with, the terms and conditions of any agreements which govern the use of any Content provided to you by third parties;
7) You are in compliance with, and shall continue to comply with, all applicable laws and regulations as they relate to this Agreement;
8) Where persons under the age of 18 years appear in the Photography and/or are named in the Information, you are either the child’s parent or guardian or you have obtained written permission from the relevant parent(s) or guardian(s) to use the Photography and/or Information as contemplated in this Agreement;
9) You have provided, or shall promptly provide upon request, all clearances, consents, licences, permissions, releases, waivers and other documents necessary to grant the Licensed Rights to us and to enable us to use the Content in connection with the Project (including any documents relating to the waiver of any moral rights, personality rights and/or publicity rights applicable to any person appearing in the Photography and/or named in the Information) (the “Clearances”); and
10) You have made, or shall promptly make, any/all payments due to any third parties in connection with the Clearances to enable us to use the Content in connection with the Project (including any licence fees and/or any payments applicable to the waiver of any moral rights, personality rights and/or publicity rights). You hereby expressly acknowledge and agree that we shall not be liable for any such payments.
11) You hereby waive (in favour of us and all our assignees and successors in title) all moral rights in the Content to which you may be entitled under any applicable law anywhere in the world (including under the Copyright, Designs and Patents Act 1988 as amended and/or replaced from time to time) to the extent necessary for us to exploit the Licensed Rights in accordance with the terms of this Agreement.
12) You hereby expressly acknowledge and agree to indemnify us and at all times keep us indemnified against any/all actions, claims, costs, damages, losses and/or liabilities (howsoever arising or incurred against us) arising out of or in connection with any breach or non-performance by you of any of the warranties and undertakings contained in this Agreement.
We will make reasonable efforts to ensure that you are credited as the author of the Content and a contributor to the Project, but we will not be legally obliged to do so and any failure to do so shall not constitute a breach of this Agreement.
For the purpose of processing the Content in connection with Project, and in order to comply with applicable laws, regulations and procedures, we (and where applicable our employees and duly authorised agents and advisers) will need to collect, store and otherwise process certain personal data relating to you.
Where we decide the purpose or means for the processing of your personal data, we are a “data controller” within the meaning of General Data Protection Regulation 2016/679 (“GDPR”) and the Data Protection Act 2018 (“DPA”). Together, the GDPR and the DPA are the “Data Protection Laws”. Where we process your personal data on behalf of a third party who determines the purpose or means for the processing of your personal data, we are a “data processor” within the meaning of the Data Protection Laws. In either case, we will comply with all of our obligations under the Data Protection Laws.
Right to Assign
We shall be entitled to assign, license or deal in any other manner with any or all of our rights and obligations under this Agreement. You shall not be entitled to assign, license or deal in any other manner with any or all of your rights and obligations under this Agreement.
Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.