User Generated Content Terms of Use
Pernod Ricard S.A. (“Pernod Ricard”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Pernod Ricard has requested your permission to use your social media content in this way.
If you choose to allow us to use your social media content (“Social Content”) by replying with the hashtag #YesHavanaClub, you agree to these terms of use (“Terms of Use”).
Pernod Ricard engages a limited number of service providers to facilitate the collection and transmission to the Havana Club website (www.havana-club.com)(the “Site”), social media channels, promotional materials and other properties (“Pernod Ricard Properties”) of Social Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Pernod Ricard in connection with its Havana Club business, including Havana Club’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Pernod Ricard Services”). Pernod Ricard reserve the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your Social Content.
SOCIAL CONTENT LICENSE
You hereby grant to Pernod Ricard and its affiliated companies and subsidiaries, and all of their respective agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your Social Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Social Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your Social Content.
Personal Data for the purpose of this Terms of Use means any information that can be used to personally identify you or contact you online or offline. This information includes data such as your name, postal address, e-mail address, phone number, demographic information such as your date of birth, age, gender, and your habits or preferences when such information is linked to your personally identifiable information (collectively, “Personal Data”).
You hereby agree and represent and warrant that (i) you are solely responsible for your Social Content, (ii) you own all rights in and to your Social Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such Social Content, (iii) you are not under the legal drinking age, (iv) the Licensed Parties’ use of your Social Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and v) the Social Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Social Content.
The Social Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By replying with the hashtag #YesHavanaClub, you are consenting to Pernod Ricard S.A. collection of any Personal Data you provide, for the Licensed Parties’ use and disclosure in connection with the use of your Social Content as described herein. If you do not agree to the collection, use and disclosure of your Personal Data in this way, please do not reply with the hashtag #YesHavanaClub. Your Personal Data may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process Personal Data on Pernod Ricard S.A. behalf. By replying with the hashtag #YesHavanaClub, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms of Use, the Pernod Ricard Online Privacy Policy and applicable data protection laws and regulations. Pernod Ricard S.A. reserve the right to remove any Social Content from the Site and the Pernod Ricard Properties.
ADDITIONNAL TERMS
These Terms of Use apply to the entire Site, the Pernod Ricard Properties and Pernod Ricard Services and to your Social Content unless otherwise provided. In addition, to the extent your Social Content is displayed on the Site or on any of the Pernod Ricard Properties or in connection with the Pernod Ricard Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by Pernod Ricard applicable to such Pernod Ricard Services and Social Content, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Pernod Ricard (the “Pernod Ricard Terms”).
INTELLECTUAL PROPERTY RIGHTS
The Site, Pernod Ricard Services or Pernod Ricard Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Pernod Ricard by authorizing use of your Social Content or otherwise using or accessing the Site, the Pernod Ricard Services or the Pernod Ricard Properties.
MISCELLANEOUS
You agree that if Pernod Ricard does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Pernod Ricard has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pernod Ricard’s rights and that those rights or remedies will still be available to Pernod Ricard.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.
The Site is operated from France. In all matters relating to this Site, the applicable law shall be the law of France. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Last updated: October 30, 2020
