You are visiting ‘Get More Winter’ which is a social media gallery owned and operated by Crystal Ski Holidays, a trading name of TUI UK Limited (which is part of the TUI AG group of companies) with registered office at Wigmore House, Wigmore Lane, Luton, LU2 9TN (“Crystal”, “we” or “our”). Registered No. 2830117. ATOL No. 2524.
Please ensure that you review all of the following sections of our Terms and Conditions for ‘Get More Winter’ (“T&Cs”) carefully before using our social media gallery – your use of and access to any page or part of our social media gallery indicates that you agree to comply with and be bound by all of these T&Cs. If you do not agree to our T&Cs, please stop using our social media gallery immediately.
We may also change or modify all of any parts of our T&Cs at any time and such changes or modifications shall be effective immediately upon their publication. You should review these regularly to ensure you are familiar with the most up to date version.
We may remove or make changes to the information, content, materials and features on this social media gallery at any time without liability and without notice to you. We also reserve the right to immediately terminate or suspend your use of or access at any time and without notice if we consider that you have breached any of our T&Cs.
- How we pull through content
For the purpose of these T&Cs, “Content” means any images, pictures, photographs, videos, audios, recordings, comments, tweets, texts, messages or any other content published on our social media gallery. The selections are final and are not subject to legal recourse. Your Content is appearing in one or more of our social media galleries because of one or more of the following reasons:
- you have used one of our brand or product hashtags,
- you have used a hashtag pertaining to a holiday destination we serve,
- you have used a hashtag pertaining to a campaign or other marketing initiative, or
- you have added your content through the upload function.
Only Content that has been made publicly available by you on one of our social media channels, photo walls or social media galleries. These social media platforms include but are not limited to Instagram, Twitter, Facebook or any other social media platform used by Crystal.
- What happens with your Content
You retain all intellectual property rights to your Content unless you have now or in the future transferred such rights to Crystal, in which case you would have agreed to those separate terms and conditions.
Your Content may appear on Crystal owned websites, social media channels or online platforms outside of your home country if it meets any of the four reasons outlined above.
Your Content will not be used by Crystal in any of the following ways without your express prior permission, unless you have previously transferred the rights to us, for:
- any advertising, off or online,
- marketing materials, including brochures (printed or digital) or newsletters, or
- multi-channel campaigns / advertisements.
You represent and warrant that:
- You are over 18 years old;
- the Content is your own original creation;
- you are the sole rights holder and you are authorised to grant Crystal the license to use the Content;
- the Content does not contain intellectual trade secret, property rights, copyright or trademark material (including music) not owned by you;
- the Content does not contain any advertising; and
- the Content is free from viruses and other malware.
By featuring other people on your pictures/photographs/videos/recordings, you must ensure that they agree to this and you are allowed to provide it. You should also ensure that, where appropriate, they accept these T&Cs and use of their image prior to use by Crystal.
You also warrant that the Content:
- does not violate the privacy or rights of any individual;
- contains material that is unlawful or in violation of local or European laws and regulations;
- is not likely to harass, upset, alarm or cause distress to any other person; and
- does not contain material that is deemed by Crystal as being libelous, defamatory, slanderous, indecent, hateful, obscene including but not limited to content that:
- discriminates on age, gender, sexuality, race, religion, ability, nationality,
- contains nudity, sexual activity or innuendos,
- uses either in writing, text or sound adult or otherwise inappropriate language,
- depicts violence, weapons, gang signs/ symbols, drugs or other illegal behavior or activity, or
- any illicit substance or consumption of alcohol whether in moderation or excess.
- Reporting content
Please do not hesitate to contact us as soon as you can if you think someone is not complying with these T&Cs. You may report infringing Content at any point by clicking on the exclamation mark (!) or sending an email to Crystal contact team by e-mail at: firstname.lastname@example.org.
- Your rights
You do not lose any of the rights granted to you by law or by the social media platform where you have published your Content, including protecting any personal information you used in the creation of your social media profile.
Nothing in these T&Cs shall be deemed to restrict or exclude your statutory rights.
You can revoke your permission for us to use your Content at any point in the future. We will remove the Content within a reasonable period, provided that you contact us and you inform us of your decision to revoke your permission.
The Content may appear through to one or more of Crystal’s social media gallery or websites and if you ever choose to delete the image from your social media profile it will automatically be deleted from all Crystal social media galleries and Crystal websites.
- Non-Authorised Use
You agree that you shall not access, extract, use or copy any Content, material or information not owned by you and accessible on our social media gallery for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in our social media gallery except that you may print off any individual page for your own personal use. You shall not use our social media gallery in any way that interferes with or affects the performance of the social media gallery, our websites, social media channels or our systems or which interferes in any way with other users’ use of our social media gallery.
- Our rights
Crystal has the right, in its sole discretion and without prior warning, to remove, disable or block any Content or individual that does not comply with these T&Cs or it deems as not otherwise aligning with our brand identity and/or values. We also reserve the right to bring legal proceedings against any individual for a breach of the T&Cs, or take such other action as we reasonably deem appropriate.
We may, without notice, change the appearance or function of this social gallery and reserve the right to remove it from wherever it might appear at any point.
We will strive to maintain the accessibility and security of this social media gallery, however we will not be held liable for any bugs, down time or errors.
All information, Content or material contained in this social media gallery is provided ‘as is’. To the maximum extent permitted by law, Crystal disclaims all warranties, whether express or implied by statute, custom or usage relating to the information, Content or material contained in this social media gallery and Crystal shall not be liable for any losses or damages whatsoever, whether in contract, tort (including negligence), or otherwise arising from this social media gallery, or from any interruption or delay in using or accessing this social media gallery.
- Your Information
All personal data provided by you or collected by us when you use this social media gallery will be used and held in accordance with our Privacy Notice.
Information about cookies and their use by us on this social media gallery can be found in our Cookies Notice.
- Technology partner
The technology provider of the social gallery is provided by Curalate Inc.
These T&Cs shall be governed by English Law and the exclusive jurisdiction of the English Courts shall apply. To the extent permitted by law, Crystal accepts no liability for any damage, loss or injury suffered due to your by using our services or for your participation in this activity. Crystal’s decision is final and binding in all matters relating to this activity. No correspondence shall be entered into. If any part of these T&Cs is deemed unlawful, void, or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts. Our failure to enforce any of these terms does not constitute a waiver of these T&Cs.