Terms and Conditions of Consent for User-Generated Content (UGC)

Your reply of “YES” constitutes your electronic signature and written consent for purposes of all applicable laws, including but not limited to the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), applicable state electronic transactions acts, and any applicable state right of publicity statutes.

You confirm that you are at least 18 years old and have the legal capacity to enter into this agreement.

You confirm that you are the sole creator and rights holder of the content you are submitting, or you have obtained express, written consent from any co-creators. 

You warrant that your content does not infringe on any third-party rights, including copyrights, trademarks, or rights of privacy and publicity. 

You further warrant that all persons identifiable in your content have provided their consent for the commercial use of their name, image, and likeness in advertising materials distributed worldwide, including in the United States.

You grant Derwent and its affiliated companies a non-exclusive, royalty-free, revocable, worldwide license to use, reproduce, display, distribute, and adapt your content for marketing and promotional purposes. This includes usage on official social media accounts, websites, digital stores, emails, and paid advertising across all global territories. 

You acknowledge that upon revocation of this license, pre-scheduled or pre-purchased advertising placements using your content that cannot reasonably be cancelled or modified will continue until their scheduled conclusion, which will not exceed thirty (30) days from receipt of your revocation notice.

Where moral rights are recognized by applicable law (including under the Copyright, Designs and Patents Act 1988), you hereby assert your right to be identified as the author of the content. In jurisdictions where moral rights do not apply by statute (including the United States, except for qualifying works of visual art under the Visual Artists Rights Act), this clause constitutes a contractual commitment by Derwent. 

In all cases, we agree to use your content respectfully and will:

1. Not modify your content in a derogatory or misleading manner;

2. Not use your content in contexts that could harm your honour or reputation; save that

3. You permit minor modifications for formatting or clarity (e.g., resizing, cropping, or minor colour adjustments) provided such changes do not misrepresent the original content.

Where your content is used in paid advertising or promotional materials, Derwent may add disclosures (such as ‘#ad,’ ‘#sponsored,’ or ‘Used with permission’) as required by local law, including but not limited to the U.S. Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) or any other applicable advertising regulation. You acknowledge and consent to such additions, which will not be considered modifications of your content for the purposes of Clause 4 above.

You acknowledge that Derwent’s use of your content in the United States and other jurisdictions may constitute commercial use of your name, image, likeness, voice, and persona under applicable state and local laws. 

By providing consent under these terms, you expressly grant Derwent and its affiliated companies permission to use your name, social media handle, image, likeness, and voice as they appear in or in connection with your content for commercial advertising and promotional purposes throughout the United States and worldwide, in accordance with applicable right of publicity laws. 

This authorization shall remain in effect for the duration of the license granted under Clause 3 above.

You agree that we may, at our discretion, credit you by tagging your social media handle or name. If you do not wish to be credited, please notify us in writing.

By submitting your content, you consent to the processing of your personal data (including name, handle, image, and content) by Derwent for the purposes of using and sharing your content in promotional material. 

Your personal data will be handled in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 and, where applicable, U.S. state privacy laws including the California Consumer Privacy Act (CCPA) and any other applicable state data protection legislation. 

You may withdraw your consent or request deletion of your data at any time by contacting DataPrivacy@acco.com.

You may revoke this license at any time by contacting derwent.pencils@acco.com. Upon receipt of your revocation:

1. We will cease all new uses of the content.

2. We will remove the content from live digital campaigns within a reasonable time.

3. You acknowledge that we cannot retrospectively remove content from materials already printed or archived (such as historical social media posts) prior to your revocation.

4. You acknowledge that pre-scheduled or pre-purchased advertising placements that cannot reasonably be cancelled or modified will continue until their scheduled conclusion, not to exceed thirty (30) days from our receipt of your revocation notice.

You agree to indemnify Derwent and its affiliates against legal actions arising from your breach of these terms or third-party infringement claims. Derwent’s liability is limited to the extent permitted under the Consumer Rights Act 2015 (for claims subject to English law) or, where U.S. law applies, to the fullest extent permitted by the applicable state law.

These terms are governed by the laws of England and Wales, without prejudice to any mandatory consumer protection laws or right of publicity laws in the jurisdiction where the content is used or in your country of residence. You acknowledge that mandatory laws of the jurisdictions in which Derwent uses your content (including U.S. state right of publicity statutes and federal advertising regulations) may apply in addition to English law.