The Gumtree Blog

UGC Terms of Use

Thursday 26 November 2020, by
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Updated: 26th November 2020

Gumtree User Generated Content Terms of Use

Introduction 

By indicating that you give permission (such as by responding to us on social media with a requested hashtag) to Gumtree.com Limited to use your user-generated content, including but not limited to your likeness, photograph, video content, comments and/or any other content contained in the user-generated content (“UGC”) you are agreeing to the following terms. These Terms of Use constitute a legally binding agreement between you and Gumtree.com Limited. We may update these terms at any time and the latest updated version will always apply. No other amendment to these terms will be effective unless made in writing, signed by you and by us.

Licence

By agreeing to these terms, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to the UGC, in any media whether now known or to be discovered in the future including, without limitation, on www.gumtree.com and its related websites, services, applications or tools (collectively referred to as “Gumtree”) and any third party sites, services, application or tools (together a “Platform”) and media channels. In particular, by agreeing to these terms, you grant us the right to use, display, publish, transmit, distribute, copy, edit, alter, translate, store, host, re-format, create derivative works from and sub-license the UGC on Platforms that are part of the global eBay community, such as eBay or our classifieds sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing, advertising or promotional communications (e.g. emails to our users) and on all other Platforms and whether in an online or offline context. 

In addition, you confirm that :

  • all moral rights you have in the UGC are waived to the fullest extent permitted by law;
  • all UGC are original works, are not defamatory and do not infringe third party rights;
  • there are no conflicting agreements in place that restrict the usage of the UGC; and
  • you have consent to use any third party image in the UGC and rights have been waived for our use detailed in these Terms of Use

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of our use of the UGC or your use of, or inability to use Gumtree, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more Gumtree users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Data Protection and Privacy

By indicating that you give permission to us to use the UGC, if the UGC contains your personal data you do not object to Gumtree collecting, transfering, storing and using your personal data. Gumtree will process your personal data on the basis of its legitimate interests.

Gumtree will ensure that it complies with applicable legislation and regulatory requirements in force from time to time relating to the use and transfer of your personal data, and will process personal data in accordance with its Privacy Notice. You will find further information on how to exercise your rights in our Privacy Notice. If you have any questions or wish to exercise your rights, you can do this by contacting Gumtree at any time here.

Gumtree is the controller responsible for the personal data.

General

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Gumtree.com Limited must be resolved by the courts of England and Wales. You and Gumtree both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Gumtree both agree to submit to the jurisdiction of the County Court of Wandsworth.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. For any help with using Gumtree please see the Gumtree Help page.


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