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UGC AGREEMENT

INTRODUCTION

We are a member of the Philip Morris International group of companies (referred to as "we", "us" or “PMI”). We have identified ourselves to you (“You” or “Your”), and given our contact details, on www.iqos.com ("Website") in connection with which You have been guided here.

We would like to use your content (“UGC”). By submitting the content, you agree to the terms (“Terms”) on which you are letting us use Your content set out in this document.

These are important provisions: you should read them before submitting any UGC as they are binding on You.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT SUBMIT THE UGC.

You are responsible for the UGC you submit on the Website and we reserve the right to remove any UGC that contains:

  • Offensive or violent language

  • Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation or political beliefs

  • Links or comments containing sexually explicit content material

  • Violations of copyright or intellectual property rights

  • Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices

  • Attacks on specific groups or any comments meant to harass, threaten or abuse an individual

  • Commercial solicitations or the promotion of a competitor

We reserve the right to remove UGC as described above and other content which we consider inappropriate at our own discretion.

LICENSE TO USE USER GENERATED CONTENT

1. This permission to use Your content is an agreement between You and PMI.

2. You confirm that:

a. You are current user of IQOS and at least 18 years old (if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);
b. the UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
c. Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
d. any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them , ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so.
e. You have no existing affiliation with PMI or its affiliates, such as employment or engagement in providing services.

3. You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant PMI and its affiliates Your License.

4. You grant PMI and its affiliates the rights to reproduce, modify, translate, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.

5. You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partners privacy notice available at https://www.pmiprivacy.com/en/business-partner , and that you have notified any other people included in the UGC of these terms.

6. In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.

7. You agree that Your License is voluntary and You are free to enter into it with PMI.

8. You can opt-out from Your License agreement for future UGC at any time by contacting ugc-claims@pmi.com (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your License will remain valid and enforceable with respect to any UGC You have granted us Your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible.

9. You can contact ugc-claims@pmi.com (email id) for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.

10. You can enter into Your License by posting #okiqosterms in response to our request from account @[insert the name] on Instagram or account @[insert the name] on Twitter, or by submitting, posting, sending us UGC on our social media channels, accounts, the Website(-s); and

11. Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.