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WHAT IS THIS ABOUT?
Your Instagram/Social Media photo got our attention - and we want to share it with the world! Therefore we plan to use the photos you posted on Instagram with the BFGoodrich-related hashtag and make it visible to all of our customers, too.
BY RESPONDING TO THE MESSAGE FROM OUR BFGOODRICH TIRES INSTAGRAM ACCOUNT WITH “#YESBFG” YOU REPRESENT AND WARRANT THAT:
- you are eighteen (18) years of age or older,
- you own all rights in and to your photos,
- you have permission from any person(s) appearing in your photos to grant the rights herein,
- BFGoodrich’s use of your Instagram photos does not infringe the rights of any third party or violate any law,
- you (and any persons(s) appearing in your photos, consent to BFGoodrich’s use of the photos as set out in these terms and conditions, and
- that you have read and that you agree to the following terms and conditions:
WHAT HAPPENS IF I RESPOND WITH #YESBFG?
You grant us rights to present your Instagram photos in BFGoodrich content, or more precisely: you grant BFGoodrich Tires an unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right of utilisation of the photos you post or have already posted on Instagram with an BFGoodrich-related hashtag. A “BFGoodrich-related hashtag” is a hashtag that consists of a BFGoodrich brand, trademark or the name of a BFGoodrich product or campaign.
This means by responding with #YESBFG in the Instagram message BFGoodrich gets an unlimited right to use the photos with the relevant hashtag as digital and non-digital content. The utilization includes for example the use of the photos in the BFGoodrich website, BFGoodrich point of sale, postings on BFGoodrich social media accounts, BFGoodrich internal communication, or the use on billboards, posters, websites of BFGoodrich retailers (e.g. tyre dealerships). However BFGoodrich Tires shall have no obligation to use your photo.
WHAT’S IN IT FOR ME?
Your photos will not only be visible to visitors of your Instagram feed but to other fans of BFGoodrich brand products all around the world. You have the opportunity to inspire others to become driver enough. In return you release and discharge BFGoodrich Tires from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with #YESBFG.
WHAT IF I CHANGE MY MIND AFTER A WHILE?
You can always revoke the granting of rights to BFGoodrich by deleting the BFGoodrich-related hashtag, the photo itself or by just submitting a request.
WHY DO I HAVE TO GIVE BFGOODRICH TIRES REPRESENTATIONS AND WARRANTIES?
Because we want to make sure that no rights are infringed with the use of your photos. Therefore by responding with #YESBFG you represent and warrant that (i) you own all rights in and to your photos, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) BFGoodrich Tires’ use of your Instagram photos does not infringe the rights of any third party or violate any law. Moreover you indemnify, defend and hold BFGoodrich and any person acting on BFGoodrich Tires’ behalf harmless from and against any claims, damages, liabilities, costs and in connection with use of the photos as described above.
WHY IS THERE A LIMITATION OF LIABILITY?
By responding with #YESBFG to BFGoodrich Tires’ message on Instagram, a legally binding license agreement between you and BFGoodrich Tires is concluded and we want to minimize the legal risks for BFGoodrich Tires with the following limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All references to “BFGoodrich” and “BFGoodrich Tires” is to MICHELIN Pty Ltd.