You may have been redirected here from one of our IQOS social media sites (“social media sites”), for example from the Customer Care pages of one of our Social Media Accounts (e.g. Facebook, Twitter, IQOS brand communication accounts on Instagram, etc.) (in this document, we refer to all those accounts together as “Social Media Accounts”.
The Social Media Accounts are intended for adult smokers who want to continue enjoying tobacco products and adult IQOS users residing in Indonesia market and by engaging with our Social Media Accounts You confirm You fulfill these criteria.
Who we are?
We are a member of the Philip Morris International (“PMI”) group of companies. We have identified ourselves to You, and given our contact details, in the website where this document (“Terms”) is published or on the respective Social Media Accounts accordingly.
How do you accept these Terms?
Good Conversion Practices and Our Duty to Inform
Before we tell You what You shouldn’t do on our Social Media Accounts, here are some things You should know about IQOS:
PMI offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes.
1. Cigarette smoking causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether.
2. PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products.
3. We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. Our smoke-free products are not an alternative to quitting and are not designed as cessation aids.
4. PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to a smoke-free product is, however, a much better choice than smoking.
5. We support our adult smoke-free product users in their journey to full conversion through education and guidance.
6. For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently.
7. Minors should not use tobacco or nicotine in any form.
8. Pregnant women, diabetics and people with heart problems should not use any tobacco or nicotine product.
We’ll regularly monitor the Social Media Accounts, responding to and passing on as many useful recommendations as we can. We are glad You are here and expect feedback and passionate conversations but let’s keep it clean and positive.
1. You are responsible for the content You post on Social Media Accounts and we reserve the right to remove any postings that contain:
• 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
• Confidential information or trade secrets
• Impersonate any person or organization
3. License to use User Generated Content (“UGC”). We would like to re-use the content that You submit, post, send us in Direct Private Message (DM) on our Social Media Accounts.
a) For any UGC that You share with us, you represent and warrant that:
a. You are current user of IQOS and at least 18 years old (if You do not appear in the selected UGC) or at least 25 years old (if you appear recognizably in the selected 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) You provide PMI with a copy of their written permission if PMI requests You to do so.
b) 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.
c) You grant PMI and its affiliates the rights to reproduce, modify, 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.
d) 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 privacy notice available at https://pmiprivacy.com/en/consumer and that You have notified any other people included in the UGC of these terms.
e) If 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.
f) You agree that Your License is voluntary and You are free to enter into it with PMI.
h) You can contact firstname.lastname@example.org (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.
i) Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Remember, posts from You or other people do not necessarily represent the views of Philip Morris International. We do not have responsibility for any content or links shared by You or other people. If You want to share this page or its content with Your own community, please, make sure the people who see Your posts are legal age smokers or adult IQOS users.
LIABILITY AND DISCLAIMERS
Your use of our Social Media Accounts is at Your sole risk. Our social media sites are provided on an "as is" and "as available" basis. Where possible, we may restrict Your access to our Social Media Accounts or any feature or part of them at any time. We disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that material on our social media sites is no infringing; that access to the site will be uninterrupted or error-free; that our social media sites will be secure; or that information on our social media sites will be complete, accurate or timely.
If anyone brings a claim against us related to Your actions or contributions, You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
To the fullest extent permitted under applicable law, You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from Your use of or inability to use our social media sites. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, Your loss of profits, loss of data, unauthorized access to and alteration of Your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
To find out more about how we handle information about you, including what information we collect, the purposes for which we use it, with whom we share it, and how we protect your privacy, please consult www.pmiprivacy.com/en/consumer
Changes to these Terms
We may amend these Terms from time to time without any notice. We encourage You to check these Terms each time You access and use our social media sites in order to stay up-to-date. If you then continue to use our social media sites, Your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.
The laws of Switzerland govern these Terms and Your use of our social media sites, and You irrevocably consent to the exclusion jurisdiction of the competent courts located in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Right to Assign, No Waivers, Severability
PMI may assign its rights and duties under these Terms to any party at any time without notice to You, unless notice to You is required by applicable law, but this will not affect Your rights or our obligations under these Terms.
Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or PMI’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
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