1.1 Bacardi-Martini B.V., a corporation organised under the laws of Netherlands with a place of business in Groningenweg 8, 2803 PV Gouda, the Netherlands (“Bacardi”, “we” or “us”) reaches out to social media users above legal drinking age (“You”) to seek permission to feature selected content on Bacardi’s various sites and promotional materials.
2. YOUR CONSENT
2.1 Bacardi collects public photos, text, graphics, audio, video, location information, comments and other materials (“User Content”) via the TINT platform, to feature on the Bacardi websites, Bacardi app and Bacardi social media channels including but not limited to Facebook, Twitter, Instagram, YouTube and Snapchat, promotional materials and other properties (the “Bacardi Properties”), for use by Bacardi in connection with its business, including Bacardi products feature, marketing, promotional, advertising and other consumer-related activities (the “Bacardi Activities”).
2.2 If you choose to allow Us to use Your User Content as described in article 2.1 above, please reply [to our request/mail/message] with the “I agree”.
3. USER CONTENT LICENCE
3.1 You hereby grant to Bacardi and its related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing and public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.
3.2 The Licensed Parties may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible the User Content in any manner in their sole discretion, with no obligation to you whatsoever.
3.3 You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
3.4 You hereby agree and represent and warrant that:
3.4.1 you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content;
3.4.2 you are solely responsible for your User Content;
3.4.3 the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, proprietary or other rights, of any third party, or any law, rule or regulation;
3.4.4 to the extent permissible by law, you hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Content;
3.4.5 you are 25 years of age or over; and
3.4.6 the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability.
3.5 The Licensed Parties reserve the right to remove any User Content from the Bacardi Properties in their sole discretion. If you believe any content, including User Content, residing on the Bacardi Properties or displayed or used in connection with the Bacardi Activities infringes any person or entity's copyright rights, please notify us.
3.6 The Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission by you in relation to the User Content or otherwise, except pursuant to the Licensed Parties’ respective privacy policies.
3.7 You hereby indemnify, defend, and hold harmless the Licensed Parties with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, related in any way to the Licensed Parties’ use of your User Content.
4. BACARDI INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Bacardi by authorising use of your User Content or otherwise using or accessing the Bacardi Activities or the Bacardi Properties.
5.5 These terms and conditions (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts.