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When you post any photos, videos, pictures, images, materials, and other user-generated content (“User Content”) through any social media platforms, we may contact you to request permission to use and post the User Content on our various websites and social channels, including, but not limited to, Instagram, Facebook, Twitter, and Google+. You may grant us permission by replying to the comment in which we inquired for your permission.
By granting us permission to use your User Content, you represent that you have read, agree to, and understand these entire Submission Terms and Conditions (the “Agreement”). IF YOU DO NOT CONSENT TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, DO NOT GRANT US PERMISSION TO USE THE USER CONTENT. By granting us permission to use the User Content, you agree to be bound by the terms of this Agreement, without modification, including all disclaimers, terms and conditions set forth in this Agreement.
You hereby grant Infiniti Motor Company Limited (a company incorporated in Hong Kong), and Infiniti, a division of Nissan North America, Inc., their affiliates, subsidiaries, or any party designated by Company(collectively, the “Licensees”) the irrevocable, perpetual, worldwide, royalty-free right to reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute your User Content, including your name, image, likeness, photograph, voice and biographical material, included therein or in connection therewith, including but not limited to advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, but not limited to, Company’s websites and social media channels including without limitation Twitter, Facebook, Instagram and Google+. Without limiting the foregoing, you hereby grant Company the right to edit, arrange, rearrange, adapt and combine your User Content with other materials in its sole discretion, including on the aforementioned websites and social media channels.
Please indicate your agreement to the following by responding to our direct message with "I agree":
NO EXPECTATION OF PRIVACY:
USER CONTENT WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH USER CONTENT TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT COMPANY THE RIGHT TO DISPLAY USER CONTENT ON ITS CHANNELS (AND THE RELATED RIGHTS) (INCLUDING ANY CONTENT THAT INCLUDES SENSITIVE AND PERSONAL INFORMATION ABOUT YOU), DO NOT GRANT COMPANY PERMISSION TO USE THE USER CONTENT AS DESCRIBED ABOVE.
You are solely responsible for your User Content, and hereby agree that you will not hold us responsible or liable for User Content you grant us permission to use. By granting us permission to use the User Content, you represent and warrant that: a) the User Content you submit is original and was created solely by you, or, if you are not the creator of the User Content, that you have permission from the copyright owner of the User Content to allow you to submit the User Content as permitted by this Agreement; b) the User Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you); or that you have obtained all rights necessary to allow you to grant to us the rights granted herein; c) neither the User Content, nor the use of the User Content by us in accordance with the Terms hereof will infringe upon or violate the intellectual property rights and/or rights of any other person or entity or violate any applicable laws and regulations; and d) your User Content complies with the Content Guidelines set forth below. You further represent and warrant that you are eighteen (18) years of age and have the right to make this Agreement.
Company is under no obligation to screen or monitor User Content but may review all User Content and post or remove such User Content FROM any social media site owned, administered, and/or monitored by company at its sole discretion, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. Company will make all determinations as to what User Content is appropriate in its sole discretion.
You hereby release, acquit and forever discharge, Company and/or its parent, affiliated, subsidiary and/or related companies, and their respective advertising or promotional agencies, and any promotional sponsors involved with Company’s websites and social media channels (collectively, “Released Parties”) from any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses(including reasonable attorneys’ fees), costs, and interest of any kind arising out of or related to, in whole or in part, directly or indirectly, your submission of User Content in accordance with the terms of this Agreement. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your use or interaction with Company websites or social media channels or any related activity.
Upon Company’s request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney's fees that arise from: a) your breach of any provision of this Agreement; b) Company use of User Content as approved by you; or c) your violation of any intellectual property right of another party. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas.
This Agreement constitutes the entire agreement between Company and You with respect to your rights to any submission to which you have granted us permission. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Company as a result of this Agreement or your use of the hashtag #infiniti (if any). If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this Agreement shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this Agreement invalid or unenforceable whatsoever. You may not assign, sublicense or otherwise transfer any of your rights hereunder, nor delegate any of your duties hereunder. Company may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to you. The headings in this Agreement are inserted merely for the purpose of convenience and shall not affect the meaning or interpretation of this Agreement. No waiver by Company under this Agreement shall be valid or binding unless set forth in writing and duly executed by Company. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of Company in any other respect or at any other time. Any delay or forbearance by Company in exercising any right hereunder shall not be deemed a waiver of that right. The Parties to this Agreement are independent contractors. Except as otherwise expressly provided herein, nothing herein creates any joint venture, partnership, agency, employment, fiduciary or other relationship between the parties, and neither party is authorized to make contracts or commitments in the name of or on behalf of the other without the other party's prior written approval.
In the event that any one or more of the provisions, or parts of any provisions, contained in the Agreements will for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the same will not invalidate or otherwise affect any other provision hereof, and the Agreements will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
COMPANY RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS & CONDITIONS WITHOUT PRIOR NOTICE