We are a member of the Philip Morris International group of companies (referred to as "we", "us" or “PMI”). We have identified ourselves to an affiliate (“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 (such as words, photos/videos, recordings) that you share to us (Your “UGC”). UGC is any content that has been created and published by unpaid contributors. In PMI, we have 2 sources of UGC: Social media (Instagram, Twitter) and IQOS stories or Community tab. By sharing your UGC, (1) You acknowledge that you have read, understood and agree to the PMI consumer privacy notice; (2) You agree to our using your UGC as set out in this document, and to the other matters addressed in this document (the “Terms”) on which You are letting us use Your content UGC set out in this document; (3) You confirm that you are a legal age user at least 21 years old who wish to continue to use tobacco products or other nicotine containing products (if You do not appear in UGC) or at least 25 years old (if You appear recognizably in UGC, i.e. for example, images, photos or videos featuring You in the UGC).
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.
UGC should comply with our criteria.
· UGC must be original work of the creator.
· UGC should follow submission format (i.e image upload and name). Submitted content should not have captions/verbatims on the submitted image or submission fields.
· UGC should not have any content featuring minors or particularly appealing to minors. UGC shall not contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals, plants or other objects.
· By way of example: UGC must not:
o contain images of models who are, or appear to be, under the age of 25
o contain images of youth-oriented celebrities
o contain characters from children’s TV, cartoons, films, other online video or audio programs, books or nursery rhymes
o contain brands, toys or other content or merchandise which are primarily for minors (below 21 years old) or primarily used by minors (below 21 years old)
· UGC must respect the valid intellectual property rights of third parties. UGC should not have plagiarized information from another source.
· UGC must not have inappropriate content (e.g. obscene, profane, lewd, crude, vulgar images or language).
· UGC should respect privacy of other people and thus should not contain names, photographs, voices or other likeness of other persons (other than the creator) unless the creator has obtained permission of such third party to be portrayed in the UGC.
· UGC should not contain names, photographs, voices or other likeness of celebrities, either living or dead; UGC shall not feature a celebrity or contain an endorsement, implied or express, by a celebrity.
· UGC should not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public; or UGC should not show or contain visuals of persons being in possession or control of a lit tobacco product or a powered electronic nicotine devices/electronic non-nicotine devices or heated tobacco product, regardless of whether the emission in the form of smoke, vapor or aerosol is being actively inhaled or exhaled.
· UGC should not contain disparaging comments or implications about our competitors or their products.
· UGC should not contain third party confidential or non-public information.
· UGC should not contain defamatory statements.
· UGC should comply with applicable laws on tobacco advertising and promotions.
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
- Violations of data privacy laws/regulations
- 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 (a competitor is defined as a brand or company that offers tobacco products, nicotine-containing products, heated tobacco products or any product that aims to replace or be an alternative to IQOS).
- Content featuring minors or particularly appealing to minors
- Violations of any tobacco advertising and/or promotion laws/regulations and other applicable laws
We also 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, its affiliates and third party service providers if any.
2. You confirm that:
a. You are current user of IQOS and at least 21 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, data privacy 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. You allow PMI or its affiliates to send status updates on your submissions via Email/SMS/Viber
e. 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 employments or engagement in providing services.
f. You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates and its service providers, 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 and its service providers 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 and its service providers 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.pmi.com/legal/legal-documents, 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.
9. You can contact email@example.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 Privacy.PH@pmi.com 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 @iqos on Instagram or account @iqos on Twitter, or by submitting, or sending us UGC on our Website (IQOS.com/ph); and
11. Your License will be governed by the laws of the Philippines and subject to the jurisdiction of the relevant courts of the Philippines.