Terms

These are the terms and conditions (the “Terms”) that specifically relate to the website at https://artwork.louis-tomlinson.com and/or any related sites, online or mobile products, content and services, such as widgets and applications (collectively, the “Site”). These terms apply in addition to our general Terms of Use. These Terms will prevail for the relevant aspects of the Site in the event of an inconsistency with our Terms of Use.

Please read these Terms carefully before using the Site and submitting your Content (as defined below). By using the Site, you consent to be bound by these Terms and our Terms of Use, and you also acknowledge the collection and use of your personal data and use of cookies by or for us and/or our affiliates and suppliers, as described in our Privacy Policy and Cookies Policy. If you do not wish to be bound by these Terms and/or our Terms of Use, please do not use the Site.

Click on the links below to go straight to more information on each area:

Overview And How To Contact Us
Content You Submit To Us
Mosaic
Ownership Of Your Content And Intellectual Property Rights
Data Protection
Social Media And Other Third Parties That Provide Content or Functionality On The Site
How To Complain About Content Uploaded By Other Users
Governing Law And Jurisdiction

1. Overview And How To Contact Us

This campaign is promoted by BMG Rights Management (UK) Limited (“we”/“us”/“our”) on behalf of the BMG group of companies and the artist Louis Tomlinson (“Artist”). We are a limited company registered in England and Wales under company number 06705101 and our registered office is located at 8th Floor, 5 Merchant Square, London, W2 1AS, UK. To contact us, please e-mail: info@bmg.com.

These Terms tell you the rules for using the Site and in particular, about your obligations in relation to any Content (as defined below) that you may submit to us via the Site in connection with the Mosaic (as defined below) and how we may use that Content.

This campaign is intended to celebrate the release of the Artist’s album “Faith In The Future” (the “Campaign”). As part of this, we encourage you to submit either a picture of yourself or your Spotify avatar which may go on to form part of an interactive digital mosaic (the “Mosaic”). You will then receive a custom Spotify playlist based on your listening history and you will be able to find your and others’ submissions by interacting with the Mosaic! Please see the Content You Submit To Us and Mosaic sections below for further details.

2. Content You Submit To Us

The Site allows you to submit content and information including (as applicable) your images, name, e-mail address, date of birth, residential address, text and videos (collectively, the “Content”). You may submit your Content to us so long as you comply with these Terms and with all applicable laws and regulations.

When you submit your Content to us you do so for the purposes of having it considered by us:

for use in connection with the Campaign (whether alone or together with other materials), on the Site, on our websites, via television platforms, exhibition in public places, social media, websites connected to us and/or the Artist and/or our licensees, in any and all publicity, promotional and marketing materials relating to the Campaign and via other media as set out below; and/or
for inclusion in the Mosaic (please see the Mosaic section below for more details).

Your Content will be processed in accordance with these Terms, our Privacy Policy and our Cookies Policy.

3. Mosaic

By submitting your Content to us you agree that it may be considered for use by us in the Mosaic, subject to the following terms and conditions:

we make no representation or guarantee that we will ultimately use any Content (whether submitted by you or by other users) in the Mosaic, and as such there is no minimum or maximum number of items of Content submitted to us that will ultimately be used in the Mosaic. By submitting your Content, you acknowledge that we are under no obligation to actually use any Content (whether submitted by you or by other users) in the Mosaic or elsewhere;
we shall be under no obligation to provide you with any reason or explanation for why your Content has or has not been included in the Mosaic (such decision and the criteria for inclusion being at our absolute discretion), and no correspondence or discussion will be entered into in this regard;
we shall be the owner of the Mosaic and shall be entitled to exploit it in accordance with these Terms, in perpetuity, and via any and all means and media, worldwide, (including without limitation via television platforms, exhibition in public places, the Site, social media, websites connected to us and/or the Artist, and in any and all publicity, promotional and marketing materials relating to the Campaign), without any restrictions or payment to you whatsoever. Notwithstanding any other provision of these Terms, we shall not be under any obligation to actually produce and/or exploit the Mosaic;
Content will not be considered for use in the Mosaic if it is not otherwise in compliance with these Terms; and
our rights to use your Content in connection with the Mosaic and the Campaign are as set out in the section entitled Ownership Of Your Content And Intellectual Property Rights.

4. Ownership Of Your Content And Intellectual Property Rights

All Content submitted must be your own original work and must not have been published elsewhere. It is your responsibility to ensure that the Content you submit does not infringe the copyright or any other rights of any third party or any laws. You warrant that the Content is your own work and that you own the copyright in it.

Copyright in all the Content submitted by you to us remains with you, however, you grant to us a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, transferable, sub-licensable licence to use, exploit, display, publish, transmit, distribute, create derivative copies of, make available, copy, adapt, edit, alter, store, re-format and sub-license the Content (in whole or in part) whether alone or together with other materials so far as possible without restriction. We and our licensees (and/or any third parties authorised by us) shall be entitled to use the Content for all purposes in connection with:

the Campaign, whether on the Site, or on other websites and/or social media accounts operated by us and/or our affiliates or licensees and/or the Artist, via television platforms, exhibition in public places, in any and all publicity, promotional and marketing materials relating to the Campaign;
the Mosaic, including the Content’s inclusion within the Mosaic and the exploitation of the Mosaic via any and all means and media, worldwide, in perpetuity, whether existing now or invented in the future; and/or
any other uses of your Content via any and all means and media, whether existing now or invented in the future, in connection with the Campaign and/or the Mosaic (including the Campaign’s publicity, advertising, marketing and promotion and the insertion of advertising in connection with the Mosaic and/or any Content), (all such use being at our absolute discretion).

You agree that we are under no obligation to use your Content and that we may remove it from the Mosaic, the Site or any other platform and/or materials, in our absolute discretion, at any time and without notice to you.

You acknowledge and agree that we (and/or any third parties authorised by us) shall be permitted to publicise, advertise and promote the Campaign, the Mosaic and/or any Content submitted to us via any and all means and media, worldwide, in perpetuity and/or to insert advertising in connection with the Mosaic and/or any Content.

YOU WARRANT AND REPRESENT THAT:

your Content is true and accurate;
you are the owner (and/or authorised user) of the Content and that you are solely responsible for the Content you submit to us;
any use of the Content in accordance with these Terms does not infringe any copyright, trade-marks, design rights or any other intellectual property rights (“IP Rights”), or rights of privacy/confidentiality, publicity, contractual rights or other rights or any other person or entity;
you are the person depicted in any images, videos and/or recordings submitted as part of your Content (and if, despite this, you upload any images, videos and/or recordings that include any third party, you have obtained the prior written consent of that party to submit such Content to the Site and you will provide to us their contact e-mail address);
the Content does not contain any information about or depict any person(s) under the age of 18 unless you are either their parent or legal guardian, or you have signed permission in writing from their parent or legal guardian;
the Content does not contain any material which is defamatory, obscene or offensive;
you will not assert any moral and/or similar rights you may have in the Content;
the Content is not likely to mislead or deceive any person(s); and
the Content is not likely to disrupt the Site in any way.

YOU WARRANT THAT YOUR CONTENT COMPLIES WITH THE STANDARDS SET OUT ABOVE, AND YOU WILL BE LIABLE TO US AND INDEMNIFY US FOR ANY BREACH OF ANY OF YOUR WARRANTIES. THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF YOUR BREACH OF WARRANTY.

5. Data Protection

Any Content that you submit to us will be processed in accordance with our Privacy Policy, our Cookies Policy and with these Terms.

You agree that any Content you submit to us may be made available publicly and that we have no obligation to maintain the confidentiality of your Content, except pursuant to our Privacy Policy, our Cookies Policy and these Terms.

We also have the right to disclose your identity to any third party who is claiming that any Content submitted by you constitutes a violation of their IP Rights, or of their right to privacy.

6. Social Media And Other Third Parties That Provide Content or Functionality On The Site

Some of the content and functionality on the Site is provided by third parties that are not affiliated with us. For example, some of our services contain widgets and social media features, such as the Spotify "Follow" button. These widgets and features may collect your IP address and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on the Site. You should always check the privacy settings and notices in these third-party services to understand how those third parties may use your information. SPOTIFY

We have integrated features of the Spotify music platform into the Site. The plug-in makes it possible to establish a direct connection between your browser and Spotify’s server when you visit the Site. As a result, Spotify receives the information that you visited the Site with your IP address. If you click the Spotify button while you are logged into your Spotify account, you have the option to link content from our page with your Spotify profile. If you’re logged in to your Spotify account or consequently log in to your Spotify account, this will link your browsing behaviour with your personal profile. You can prevent this by logging out of your Spotify account.

You will be able to log in to your Spotify account using sign-in services. These services will provide you the option to share certain personal information with us, such as your name and e-mail address, together with other information from your public profile with your consent.

For more information, please see Spotify’s privacy policy: https://www.spotify.com/us/legal/privacy-policy/.

7. How To Complain About Content Uploaded By Other Users

If you wish to complain about content submitted to us and displayed on the Site, please contact us: info@bmg.com.

8. Governing Law And Jurisdiction

Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR TERMS OF USE, PLEASE DO NOT USE THE SITE.