Thanks for checking out the terms and conditions that cover Michelin Tyre plc or its related subsidiaries, affiliates, successors, sub-licensees and assigns (“Michelin”, “we” or “us”) use of your photographs, images and videos. We’ll refer to these terms and conditions as “T&Cs”.” The full “T&Cs” are laid out below, make sure you read the entire document before agreeing to it.
1. SCOPE
By submitting and/or uploading a photograph or a video to us:
- via Instagram/Facebook and in relation to which you have responded #yesmichelin, or
- through the upload tool available on Michelin’s sites and social media channel, and/or
- by replying #yesmichelin or by otherwise agreeing to our use of a photograph/video
you agree that you have read and fully understood these T&Cs and will comply with them in their entirety.
2. MICHELIN’S USE OF PHOTOGRAPHS/VIDEOS AND CONTENT
You keep all of your intellectual property rights to your photograph or video or other content but give us permission to use the photograph or video together with the content of your post and as the case may be your Instagram/Facebook handle, as determined by us.
By submitting, uploading, and/or otherwise agreeing to our use of, a photograph or video or other content, including but not limited to photo captions, your name, and the names of any person appearing in the content (collectively, “Content”), you grant us the worldwide, for the duration of the literary and artistic property rights attached to the relevant Content by current and future international conventions, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, emailing and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content.
We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time. We can modify the Content, in particular in order to erase any personal data such as faces, plate numbers.
Michelin will use its best endeavors to respect your moral rights, in particular the right of authorship of authors of photography/video works.
You can always revoke the granting of rights to Michelin by just submitting a request as follows:
- Send a request to our consumer service: contact@tc.michelin.eu ; or
- Reply to your consent comment on your Instagram/Facebook post and mention you want it to be removed.
Michelin will process your request as soon as possible.
3. REPRESENTATION AND WARRANTIES
Don’t submit photographs or videos that you didn’t take yourself or don’t have permission to give to us. You represent and warrant that you have taken the photograph/video yourself and own the copyright in the photograph/video, or have received the express permission of the copyright owner to have the photograph/video used and shared by us in accordance with these T&Cs.
You undertake not to publish photos/videos that would display tyres incorrectly mounted or tyres not compliant with the vehicle manufacturer's approval. Accordingly, you warrant to Michelin the peaceful enjoyment of the Content. Consequently, you agree to hold Michelin harmless from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation, invasion of the rights of privacy or publicity, violation of any moral or intellectual property rights, personal injury, damage to property. You further agree to indemnify, defend, and hold Michelin harmless from any claim or cause of action related to your violation of any these T&Cs.
4. THE CONTENT YOU SUBMIT
You agree not to submit any Content that:
A. Infringes any intellectual property rights of any other person or third party, including but not limited to copyright or trademark.
B. Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.
C. Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
D. Violates any law, statute, ordinance, or regulation.
E. Shows any identifiable individual.
F. Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes any third party’s rights.
You represent and warrant that you have express permission of everyone who appears in the photograph/video to be photographed and have the photograph/video and their names used and shared with and by Michelin in in accordance with these T&Cs.
5. PERSONAL DATA
Michelin, as personal data controller, processes personal data for the purpose of managing authorisations and copyrights for photos/videos collected via Instagram/Facebook or via the photo/video upload tool provided by Pixlee Inc. Michelin will process your data based on your agreement to this social media photo and video sharing terms and conditions and its privacy policy.
Personal data are kept for as long as Michelin stores the said photos/videos. If you withdraw your agreement to Michelin’s use of the Content, Michelin will stop publishing the Content and will archive and keep your personal data for 3 years for proof purposes.
These data are reserved for the use of Michelin (and its employees) as set out in its Privacy Policy and these social media photo and video sharing terms and conditions. Where Pixlee is used to collect the data, as a service provider (on behalf of Michelin), Pixlee may store such data on Michelin’s behalf.
Pixlee is located in the United States. In order to offer adequate guarantees concerning the protection of the personal data of its users, a cross-border flow agreement containing the standard clauses of the European Commission has been signed between Michelin and Pixlee.
Pursuant the General Data Protection Regulation and local data protection laws, you are entitled to access, rectify, oppose and delete (opposition for legitimate reasons) all data concerning you as well as the right in some countries, to define Instructions on the fate of your data after your death by sending an email to the following email : contact@tc.michelin.eu. If you are not happy with how your personal data is used, you can complain to your local data protection supervisory authority, for the UK this is the Information Commissioner’s Officer.
Manufacture Française des Pneumatiques Michelin (MFPM) part of the Michelin group of companies, manages the above email inbox and consent requests for and on behalf of Michelin in the UK and any communications sent to Michelin, including data subject requests will be received by MFPM and communicated to Michelin in the UK where appropriate.
6. CONFLICT RESOLUTION
If you have a disagreement with us or think any of your Content has been used without your permission or in violation of your rights, let us know so that we can try to work it out. You can contact our consumer service: contact@tc.michelin.eu.
7. ENFORCEABILITY
If any provision of these T&Cs are deemed invalid, illegal or otherwise unenforceable then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these T&Cs will remain in full force and effect.
8. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
Any failure, regardless your location, in relation to the provision of these terms and conditions and, more generally, any problem concerning their execution, interpretation or validity, is subject to English law and jurisdiction.