User Content Policy

In these terms and conditions (“Terms”), any word that is bold and capitalised has a specific meaning as defined herein. References to “we,” “us,” or “our” “Company” refer to Ingenious Partners Ltd t/a PingMeHappy.com  References to “you” or “your” refer to you, the consumer visiting our website, and such references may be used interchangeably. Please read these legally binding Terms carefully before submitting any User Content to PingMehappy.com. By submitting any User Content to PingMeHappy.com, you confirm your acceptance of these Terms.

User Content Definition: These Terms govern any User Content created or generated by you, which includes any comments, tweets, posts, photographs, images, videos, materials, or any other user-generated content or information shared by you across any social media platform (“User Content”).

Content Communication: In the normal course of business, the Company  may reach out to non-paid content contributors like you regarding the use of any User Content provided by you.

You retain all rights to the User Content. You confirm that you have obtained all necessary consents to share the User Content with the Company.

You affirm that the User Content you provide, as well as its use by the Company, will not violate, misappropriate, or infringe upon the rights of any individual or entity. This includes, but is not limited to, the following rights:

• (a)Privacy Rights: You confirm that the User Content does not include any personally identifiable information, confidential information, or any other content that could breach an individual’s reasonable expectation of privacy. You ensure that any individuals featured in the User Content have given their explicit consent for their likeness, voice, or any identifying details to be used in the manner specified in these Terms.
• (b) Intellectual Property Rights: You affirm that you possess all necessary rights to the User Content you submit, and that it does not infringe upon the intellectual property rights of any third party, including copyrights, trademarks, patents, or any other proprietary rights. You confirm that any images, music, or other media included in the User Content are either original works created by you or that you have obtained proper licenses or permissions to use them.
• (c) Publicity Rights: You warrant that the User Content does not violate any publicity rights of individuals, which could include the right to control the commercial use of one’s name, image, likeness, or other identifying attributes. You affirm that you have secured any required consents from individuals featured in the User Content to use their names, images, or likenesses for the intended purposes outlined in these Terms.
• (d) Applicable Rights: You acknowledge that the User Content must comply with all applicable laws and regulations, including but not limited to advertising standards, consumer protection laws, and any other legal requirements governing the content you are submitting. You confirm that the User Content does not promote any unlawful activities, including but not limited to hate speech, discrimination, or any other form of illegal content.
• (e) Indemnification: You agree to indemnify and hold the “Company” harmless from any claims, damages, or liabilities arising from a breach of this Rights Confirmation provision, including any legal fees incurred in defending against such claims.

By providing User Content, you confirm your understanding and acceptance of these conditions, ensuring that all necessary rights and permissions have been obtained. The Company reserves the right to disclose your identity to any third party claiming that the User Content you provided infringes their intellectual property rights or privacy rights.

• (f) Consent and Waivers: You confirm that you have acquired all express consents and necessary waivers for the use of the User Content by the Company, as described in these Terms. Furthermore, you confirm that you have obtained the requisite permissions from any individuals appearing in the User Content for use by the Company.
• (g) Age Confirmation: You affirm that you are at least 18 years old, and verification of this age may be requested.
• (h) Grant of License: You grant the Company a perpetual, non-exclusive, royalty-free, worldwide, irrevocable license to use (including the right to sublicense), modify, and reproduce the User Content. You acknowledge that the Company intends to display the User Content across the PingMeHappy.com website as well as social media and marketing channels, which may include commercial use.
• (i) Acknowledgment Waiver: You agree that you may not receive credit or acknowledgment for any User Content made available for use by the “Company” and you hereby waive any and all moral rights in relation to the User Content.
• (j) No Compensation: You acknowledge that the Company may use your User Content globally for commercial purposes without you being entitled to any fees, commissions, or payments for such use.
• (k) No Affiliation: You acknowledge that any use of the User Content by the “Company” does not create any partnership, association, sponsorship, representation, or affiliation between the Company and you, whether actual or perceived. For clarity, you shall not claim, directly or indirectly, to be connected to the Company through its use of the User Content.
• (l) Discretion of Use: You agree that the Company is not obligated to utilise any of your User Content.
• (m) Revocation of Rights: You may revoke the rights granted to the Company regarding the User Content by emailing support@pingmehappy.com. Upon receipt of sufficient notice, the Company will remove the User Content from its digital platforms within 30 days.
• (n) Revocation Notification Requirements: Your notification to revoke the rights must include the following:

• – Identification of the copyrighted work claimed to be infringed or, for multiple works, a representative list of such works.
• – Identification of the allegedly infringing material and sufficient information for the Company to locate the material on our website.
• – Contact information, including your address and email address.
• – A statement affirming your good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
• – A statement asserting that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
• – Your physical or electronic signature.

• (o) Acknowledgment of Liability: You acknowledge and agree that upon receipt of a notice claiming infringement, the Company may remove the identified materials without liability.
• (p) Release of Claims: You hereby release the Company, its affiliated companies, employees, officers, and any third parties utilised in conjunction with the Company’s services from any and all claims, actions, or proceedings of any nature, including damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to the use of your User Content as contemplated by these Terms.

These Terms shall be governed exclusively by English law. Both parties hereby consent to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes or claims arising from or in connection with these Terms.