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Terms and Conditions

User Generated Content Policy

Please read this User Generated Content Policy carefully before you submit UGC to our Website or via our Apps, as this policy and our Website & App Terms of Use will apply to your use of our Website, our Apps and the UGC you submit to it. We recommend that you print a copy of this for future reference. By using our Website or our Apps and submitting UGC to our Website or via our Apps, you confirm that you accept this User Generated Content Policy, our Privacy Policy and that you agree to comply with them. If you do not agree to our Terms and Policies, you must not use our Website or Apps or submit UGC to (or via) it (or them).

  1. Your UGC
    1. All content submitted to our Website or via our Apps by you (or on your behalf) via your Member account (or other social media account, if applicable), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your “UGC” for short.
    2. You agree to submit UGC to the Website and via our Apps in accordance with the following rules (in particular, the Legal Standards and the Community Guidelines, as those terms are defined below). Please use caution and common sense when submitting UGC to the Website or via our App.
    3. Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.
    4. Please note, any UGC you submit to our Website or via our Apps will be considered non-confidential and non-proprietary.
  2. Rights, permissions & waivers
    1. You hereby grant to Pescetarian Plate and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
    2. You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause.
    3. Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:
      1. that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps, and
      2. where featured or identified individuals are under the age of 18, that you either:
        1. are the parent or legal guardian or such featured or identified individuals, or
        2. have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps.
    4. You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.
  3. Content standards – legal standards
    1. You warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not:
      1. infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or
      2. contain any material which is defamatory of any person; and/or
      3. contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or
      4. breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
      5. advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
      6. contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs, codes or material; and/or
      7. violate any other applicable law, statute, ordinance, rule or regulation, (together, or individually the “Legal Standards“).
    2. If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation. Please see clause 2 above for further details.
  4. Content standards – community guidelines
    1. You warrant, represent and undertake to us that your UGC:
      1. is accurate, where it states facts; and/or
      2. is genuinely held, where it states opinions (for example, in product or services reviews).
    2. You further warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not contain any material which:
      1. is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency and/or
      2. is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying); and/or
      3. is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or anxiety; and/or
      4. is sexually explicit; and/or
      5. advocates, promotes, assists or depicts violence; and/or
      6. advocates, promotes or assists any illegal activity or unlawful act or omission; and/or
      7. could be deemed to be unsolicited or unauthorized advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or
      8. gives the impression that it emanates from Pescetarian Plate or is endorsed or connected with us, if this is not the case, (together, or individually the “Community Guidelines“).
  5. Consequences of breach
    1. We will determine, in our discretion, whether you have failed to comply with this UGC Policy when submitting UGC to our Website or via our Apps. If you have failed to comply, we reserve the right in our sole discretion to suspend you from using the Website and our Apps without notice to you and/or to edit or remove (in whole or part) any of your UGC from our Website and our Apps on a temporary or permanent basis.
    2. Notwithstanding clause 5.1 above, if you or your UGC does not comply with this UGC Policy, and as a result of this, we suffer any loss or damage, you will be liable to us and hereby agree to indemnify us for any such loss or damage. This means that you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Community Guidelines.
    3. We also reserve the right:
      1. to pass on any UGC that gives us concern to the relevant authorities; and
      2. to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy.
  6. Changes to this UGC Policy

We may change this UGC Policy from time to time, in which case an up to date version will be available via the Website and our Apps. You should check this UGC Policy regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to this UGC Policy after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated UGC Policy will be available for you to view.

Digital Millennium Copyright Act (“DMCA”) Policy

Introduction
This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of Pescetarian Plate to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the our computing system are required to respect the legal protections provided by applicable copyright law.

Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Company (the “Designated Agent”). The contact information for Songsinirish.com Designated Agent is:
Email: info@pescetarianplate.com.

Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.

Complaint Notice Procedures for Copyright Owners
The following elements must be included in your copyright infringement claim:

  • An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
  • Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to include all of the above information may result in a delay of the processing or the DCMA notification.

Notice and Takedown Procedure
It is expected that all users of any part of the Company system will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by Company in Company’s sole and absolute discretion. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received.

Please allow at least seven business days to process any complaint or counter-notification. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due to the complaint not being filed properly.

Repeat Infringers
Under appropriate circumstances, Pescetarian Plate may, in its discretion, terminate authorization of users of its system or network who are infringers.

Accommodation of Standard Technical Measures
It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.