Plan A

• Online Shopping
• Store Finder

These M&S Groundwork Terms of Use should be read alongside, and are in addition to, our Groundwork privacy policy ("Privacy Policy") and the Marks & Spencer website terms and conditions. We recommend that you print off and keep a copy of these M&S Groundwork Terms of Use for your future reference.

Uploading Material to our Website

Whenever you make use of a feature that allows you to upload or otherwise submit material, (for example, by uploading material to the M&S and Groundwork Flickr group), to our Website, either directly or indirectly through the M&S and Groundwork Flickr group, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

You hereby grant us and our agents and subcontractors a perpetual, worldwide, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to us by you, solely for the purposes of promoting the M&S Groundwork campaign, including turning content into a physical representation, replicating content on other Marks & Spencer marketing communications and publications, and official Marks & Spencer online social network groups.

You remain the owner of all content that you submit to this Website, directly or indirectly via the M&S and Groundwork Flickr group, and as a condition of use, you represent and warrant to us that you are the owner of the copyright to such content or that you have written permission from the copyright owner to submit such content.

We have the right to remove or reject any material you submit to the M&S and Groundwork Flickr group or M&S website if, in our opinion, such material does not comply with the content standards set out below. Please ensure you comply completely with all the content standards. M&S will not edit words or phrases - any submissions containing the smallest amount of unacceptable content will be rejected and be removed from the site. We may remove and discard any photos or material submitted by you. You should retain copies of all material and photos you submit, as we accept no liability for their loss or destruction at any time.

Content Standards

You must be 18 years of age or older to contribute content to the M&S and Groundwork Flickr group. You must not upload or submit any photos, text or other works which:

• depict children or young people under the age of 18.
• are obscene, sexually explicit or gratuitous, offensive, defamatory, profane, hateful, inflammatory, blasphemous, or spiteful;
• depict violence, cruelty, self-harm or illegal activity;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation , age, or social status;
• infringe any copyright, trade mark, or intellectual property right of any other person, or which would breach any legal duty owed to a third party, such as a duty of confidence;
• promote any illegal activity or violence;
• are threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety, or disseminate personal information, or impersonate others;
• are likely to harass, upset, embarrass, or alarm any other person;
• are not related to the topic of Groundwork;
• demonstrate a negative attitude towards Groundwork;
• are used to advertise a product or service;
• mention third party brands or trade marks;
• make criminal accusations or incite illegal activity;
• contain computer viruses or other malicious programs;
• contain HTML code, computer script, or website URLs; or
• comment about other M&S Groundwork contributions or contributors;

If any content is submitted to the M&S and Groundwork Flickr group or M&S website, which contains any of the above, M&S reserves the right to:

• Not publish the material;
• Take any appropriate action, if deemed necessary;

Amendments to these Terms of Use

We may update or amend these Terms of Use from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on this Website. By continuing to use this Website, you agree to be bound by the terms of these updates and amendments.

These Terms of Use were last updated on 20th November 2009.

Other important terms

If any of these M&S Groundwork Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

These Terms of Use are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.