Please read the present terms carefully before using the hashtags #FriendFriday, #TMBattlestation, #TCAllenge – or any other hashtag provided by Guillemot Corporation S.A. – (“Hashtag”) on your social media contents.
For this purpose, Guillemot may contact you (“you” or the “user”) and ask for your authorization to use your social media contents.
2. USER CONTENT
User content (“User Content”) means any material, included, arising from and/or related to your publicly displayed social media contents, including but not limited to:
- name, stage name, username, appearance, likeness, voice, and/or all features relating to one’s personality;
- publications, posts, visuals, graphics, texts, photos, sounds and/or videos; and
- all of the (patrimonial) intellectual property rights attached to the foregoing materials (including but not limited to copyrights, trademarks, design rights, etc.).
3. GRANT OF RIGHTS
By replying to Guillemot with the Hashtag, you grant Guillemot and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from (for example a GIF), distribute, perform, display and otherwise exploit the User Content, for the purposes of promoting any and all Guillemot’s products, as well as Guillemot’s trademarks and Guillemot’s image, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Guillemot or its assigns, on:
- the Internet: including but not limited to Guillemot’s social media, websites and mobile applications, emailing, any websites for hosting and sharing user generated contents and social networks;
- Intranet; and
- any media, known or to be discovered, during any event and/or on any tradeshow booths: including but not limited to billboards, advertising materials, display screens and video playback apparatus for events or trade shows.
You understand that this grant of rights may not be withdrawn at any time in the future.
You acknowledge and agree that Guillemot and its assigns have no obligation to use the User Content or their derivatives, and that Guillemot and its assigns may decide at any time and at their sole discretion to stop using the same.
4. MORAL RIGHTS
Pursuant to Article L. 121-1 of the French intellectual property Code, you shall retain all of your moral rights attached to the User Content.
Nevertheless, you expressly agree that your name, stage name, username or the like, shall not appear on the reproductions or representations of the User Content due to technical constraints, and especially in the event of the diffusion of the User Content via Guillemot’s mobile applications and/or software.
Likewise, you waive any right to inspect or approve the finished material in which the User Content may be used, or the use to which the User Content may be applied. For this purpose, you agree that the reproductions and representations of the User Content may be modified or adapted to Guillemot’s products and activities, according to Guillemot’s requirements, subject the respect of the integrity of works of mind included in the User Content.
You also represent and warrant that the User Content is legally available and is not encumbered – in any way whatsoever, whether partially or completely, directly or indirectly – by third party rights (photographs, third party’s image rights, sounds, trademarks, copyrights, etc.). Accordingly, once you reply to Guillemot with the Hashtag, you are deemed to be the sole owner of all intellectual property rights, neighbouring rights, image rights and/or to have obtained all necessary authorizations of third parties (including to have paid third parties, if applicable), and User Content is deemed publishable in your opinion. In case of requirement regarding the use of the User Content, you shall inform and indicate the particulars thereof (for example, requirement to mention the author).
Accordingly, you shall hold Guillemot and its assigns harmless from any claims, court actions, civil proceedings and actions to establish title brought against Guillemot, its clients, licensees, assigns, manufacturers, distributors, agents and resellers on the grounds of the infringement of the rights of a third party, regardless of the cause thereof (copyrights, neighboring rights, intellectual property rights, image rights, right to privacy, etc.) or on which a third party possesses the rights, following the exercise of the assigned intellectual property rights or image rights.
6. PERSONAL DATA
Last update: 17/06/2020