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Photography Terms Conditions



What is this about?

Your Instagram photo got our attention - and we want to share it with the world! We would like to use the photo(s) you posted on Instagram on some or all of Ballymore’s social media channels, websites and printed media.

Your representations and warranties

It is important that we make sure that no rights will be infringed through the use of your photos(s) before we use them. By responding to our message from the Ballymore Instagram account with “#YesBmore”, you therefore represent and warrant that:

  • you are eighteen (18) years of age or older;
  • you own all rights in and to your photo(s);
  • you have permission from any person(s) appearing in your photo(s) to grant the rights detailed in these terms and conditions;
  • Ballymore’s use of your photo(s) will not infringe the intellectual property or other rights of any third party or violate any law;
  • you have read and agree to these terms and conditions; and

you also indemnify, defend and hold Ballymore and any person acting on Ballymore’s behalf harmless from and against any claims, damages, liabilities, costs and in connection with the use of the photo(s) as described in these terms and conditions; and

Rights granted by you to Ballymore

By responding to Ballymore’s Instagram message with “#YesBmore”, you grant to Ballymore:

  • an unlimited, non-exclusive, assignable, sublicensable, worldwide and perpetual right to use the photo(s) you post or have already posted on Instagram that contain a Ballymore-related hashtag, tag Ballymore or a Ballymore development, or are geo-located at a Ballymore development; and
  • all necessary consents required for Ballymore to change, publish, distribute, exhibit and otherwise use the photo(s) as digital and non-digital content, whether alone or as part of or in conjunction with other work and on an unlimited basis.

Your photo(s) may be used, for example, across Ballymore’s social media channels (including Instagram and Facebook), Ballymore’s websites, Ballymore’s printed media (including but not limited to brochures and other promotional material), and within the marketing suite for the relevant property. However, Ballymore is under no obligation to use your photo(s).

What is in it for me?

Your photo(s) will not only be visible to visitors of your Instagram feed but to all people who see Ballymore’s social media channels, websites and printed media – you have the opportunity to inspire others with your photos! In return, by responding to Ballymore’s Instagram message with “#YesBmore”, you release and discharge Ballymore from all and any obligation to pay you for any use of your photo(s) and any of the intellectual property or other rights contained in it/them in connection with the uses described in these terms and conditions.

What if I change my mind?

You can always revoke the rights and consents granted to Ballymore by deleting the Ballymore-related hashtag attached to the photo(s) or the photo(s) itself. Please contact us on events@ballymoregroup.com to make us aware that you are revoking your permission. While existing print media cannot be recalled, we will remove your photo(s) from our files to prevent future usage.

Limitation of liability

By responding to Ballymore’s Instagram message with “#YesBmore”, a legally binding licence agreement between you and Ballymore is concluded. We wish to minimise the legal risks for Ballymore with the following limitation of liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR: (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; (ii) loss of profits; (iii) loss or damage to sales, business, contracts, goodwill or business opportunities; (iv) loss of income or anticipated savings; (v) loss of use or corruption of data or information; or (vi) any other liability whatsoever which occurs in relation to THE USE OF THE PHOTO(S) AS DESCRIBED IN THESE TERMS AND CONDITIONS, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Ballymore Group

In these terms and conditions, references to “Ballymore”, “we” and “our” mean all and any of:

  • Ballymore Development Management Limited, incorporated in England and Wales with company number 08874050 whose registered office is at 4th Floor 161 Marsh Wall, London E14 9SJ;
  • Ballymore Properties Limited, incorporated in England and Wales with company number 02260505 whose registered office is at 4th Floor 161 Marsh Wall, London E14 9SJ;
  • any subsidiary or holding company from time to time of either of the aforementioned two companies and any subsidiary from time to time of a holding company of the aforementioned two companies; and
  • any joint venture between any of the aforementioned two companies, subsidiaries or holding companies and a third party.