Thank you for visiting the Dherbs Challenge section of our website. Your use of dherbschallenge.com (“Dherbs Challenge”) is subject to:
Other terms and conditions (including privacy terms) may apply when you access other services or visit other websites through Dherbs Challenge. You should read any other applicable terms and conditions carefully before accessing and using the other services.
1.1 We welcome submissions of your photographs to Dherbs Challenge. Please remember that this is a public forum and that you are legally responsible for what you submit.
No advertising, solicitation or investigations
1.2 You must not use Dherbs Challenge for:
- Any commercial purpose (including to promote your products or services)
- Any sponsorship, petition, campaign, scheme, investigation or chain message.
1.3 Unless otherwise specified, nothing on Dherbs Challenge constitutes a representation by Dherbs.com products and/or services are endorsed in any way by any person appearing on Dherbs Challenge or who has submitted a photograph to Dherbs Challenge.
Submitting photographs of your before and after
2.2 Not all photographs submitted will be published on Dherbs Challenge. We will use our absolute discretion when selecting photographs for inclusion. Please do not email us asking why your photograph has not been selected. Only a very few photographs are likely to be selected. We hope you will not be disappointed if your photograph does not make it.
2.3 Once you have submitted photographs to Dherbs Challenge, they will be visible in your Dherbs Challenge account, irrespective of whether they have been published on Dherbs Challenge or not. Please note that you will only be able to ‘like’ or share images which are published on Dherbs Challenge.
2.4 If you wish to submit a photograph to us, you must have taken the picture yourself and own the copyright in the photograph, or have the express permission of the copyright owner. You must not send us photographs that you have copied from somewhere else.
2.5 Before you send us any photographs, please make sure that the person in the picture is happy to appear on Dherbs Challenge. You must obtain the person’s express consent to being photographed and appearing on Dherbs Challenge and having their image and/or any other information used and shared as set out below.
Please send them a link to Dherbs Challenge and these Guidelines. You must also make it clear to them that Dherbs Challenge and other users can share the image on other social media platforms.
Please obtain your parent’s or guardian’s express consent before submitting any photographs and/or other personal information to Dherbs Challenge;
- In Brazil or Russia, if you are under the age of 18
- In Japan or Taiwan, if you are under the age of 20
- Anywhere else in the world, if you are under the age of 16.
If the person whose photograph and/or whose personal information is being submitted for publication on Dherbs Challenge is under the age specified above for the relevant jurisdiction, you must also obtain his/her parent’s or guardian’s express consent before submitting that person’s photograph and/or any other information about that person to Dherbs Challenge.
Quality of photographs
2.6 Please only submit high quality photographs. Any grainy or blurred photos are unlikely to be selected.
Style of photographs
2.7 To the extent necessary, we may edit photographs (e.g. to crop or blur out other people or brands) and you confirm that you expressly consent to such editing, where we determine at our sole discretion that this is required.
3. Your Content – what we are allowed to do
3.1 We may publish, share (including on social media platforms), check or remove all or part of your photograph(s) or other material, including your name, town and country, which you submit to us through Dherbs Challenge (‘Your Content’), at our sole discretion. We may use Your Content as part of product promotional content. We may edit all or part of the photographs at our sole discretion. We are not obliged to do any of these things.
3.2 You retain any copyright you may have in Your Content. By submitting material to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, copy, edit, adapt, publish, translate, create adaptations from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. If any applicable law or regulation does not allow the license to be perpetual, you agree that the license will be for the maximum term permitted by law. By submitting Your Content, you warrant that you have the right to grant this license. The license is capable of sub-license by us to other entities and brands in the Dherbs.com of companies and to agents, suppliers and publications (in any media) of our choosing.
3.3 To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
3.4 This clause 3 means, for example (without limitation), that we can:
- To the extent permitted by law, continue to publish all or part of Your Content for a reasonable period of time, including your photos, name, town and country, even if you are no longer registered with us
- Use all or part of Your Content in promoting our products and services (e.g. we may use Your Content in our advertising and other publications)
- Edit Your Content, which may result in a part of it being modified and displayed, including without your name.
4. Your Content – what you are not allowed to do
4.1 You must not submit any material to the Website that:
- Is a breach of confidentiality or someone’s privacy
- In breach of someone’s image rights, where such rights exist under applicable laws and regulations
- Is likely to cause someone alarm, anxiety or distress
- Infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit (e.g. photographs) or must obtain permission from the rights owner to submit the material
- Advertises any product or services (other than Dherbs.com products or services)
- Impersonates anyone else or otherwise misrepresents your identity, affiliation or status
- Could prejudice any active legal proceedings of which you are aware
- Is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data, components or conduct)
5. Your personal information
5.1 Any information disclosed in Your Content and photographs you submit will become public information and you should always be careful in deciding whether to disclose personal information.
5.2 You can view Dherbs Challenge without creating a Dherbs Challenge account, but you have to set up a Dherbs Challenge account in order to submit photographs to Dherbs Challenge. We will ask for your name, email address, country of residence and other details as set out in the online registration form for Dherbs Challenge.
5.3 You may provide us with additional personal information, including personal information related to other people, in the course of using Dherbs Challenge. You must send them a link to Dherbs Challenge and these Guidelines and obtain their express consent as set out in these Guidelines before submitting photographs of them and/or any other information relating to them to Dherbs Challenge.
5.4 By using Dherbs Challenge, you agree that we may use your information (including personal information) for the purposes of:
- Dealing with and responding to you about a photograph or other content you have submitted to Dherbs Challenge or a complaint you have lodged about content submitted to Dherbs Challenge
- Contacting you to ask about photographs you have submitted to Dherbs Challenge, for instance to ask you to verify whether you obtained the consent of people in the photographs for their image to appear on Dherbs Challenge
- Enabling you to share content with others
6. Contacting us
Please contact us at Customer Service if you have any questions in relation to Dherbs Challenge.
7. Governing Law and Jurisdiction
These Guidelines are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.