Please read the present terms carefully before using the hashtags #FriendFriday, #TMBattlestation, #TCAllenge – or any other hashtag provided by Guillemot Corporation S.A. – (“Hashtag”) on your social media contents.

1. OBJET

Guillemot Corporation S.A. (“Guillemot”) desires to feature its favorite social media contents, generated by internet users, on Guillemot’s media, under the present terms of use.

For this purpose, Guillemot may contact you (“you” or the “user”) and ask for your authorization to use your social media contents.

By using the Hashtag, you (i) grant Guillemot and its assigns (including but not limited to, if any, Guillemot’s affiliates, clients, licensees, manufacturers, distributors, agents and resellers) the authorization to use your web content and (ii) agree to be bound by the present terms of use (the “UGC Terms of Use”).

Your authorization will be subject to the most current version of the UGC Terms of Use. Guillemot reserves the right to update the UGC Terms of Use at any time without notice to you. The most current version of the UGC Terms of Use can be reviewed by clicking on the “UGC Terms of Use” hypertext link located at the bottom of each page of this web site. In addition, when using particular service or material on this web site (“Web site”), you shall be subject to any posted guidelines or rules applicable to such service or material that may contain terms of use in addition to those in the UGC Terms of Use. All such guidelines are hereby incorporated by reference into the UGC Terms of Use.

2. USER CONTENT

User content (“User Content”) means any material, included, arising from and/or related to your publicly displayed social media contents, including but not limited to:

• name, stage name, username, appearance, likeness, voice, and/or all features relating to one’s personality;
• localization;
• publications, posts, visuals, graphics, texts, photos, sounds and/or videos; and
• all of the (patrimonial) intellectual property rights attached to the foregoing materials (including but not limited to copyrights, trademarks, design rights, etc.).

3. GRANT OF RIGHTS

By replying to Guillemot with the Hashtag, you grant Guillemot and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from (for example a GIF), distribute, perform, display and otherwise exploit the User Content, for the purposes of promoting any and all Guillemot’s products, as well as Guillemot’s trademarks and Guillemot’s image, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Guillemot or its assigns, on:

• the Internet: including but not limited to Guillemot’s social media, websites and mobile applications, emailing, any websites for hosting and sharing user generated contents and social networks;
• Intranet; and
• any media, known or to be discovered, during any event and/or on any tradeshow booths: including but not limited to billboards, advertising materials, display screens and video playback apparatus for events or trade shows.

You understand that this grant of rights may not be withdrawn at any time in the future.

You acknowledge and agree that Guillemot and its assigns have no obligation to use the User Content or their derivatives, and that Guillemot and its assigns may decide at any time and at their sole discretion to stop using the same.

4. MORAL RIGHTS

Pursuant to Article L. 121-1 of the French intellectual property Code, you shall retain all of your moral rights attached to the User Content.

Nevertheless, you expressly agree that your name, stage name, username or the like, shall not appear on the reproductions or representations of the User Content due to technical constraints, and especially in the event of the diffusion of the User Content via Guillemot’s mobile applications and/or software.

Likewise, you waive any right to inspect or approve the finished material in which the User Content may be used, or the use to which the User Content may be applied. For this purpose, you agree that the reproductions and representations of the User Content may be modified or adapted to Guillemot’s products and activities, according to Guillemot’s requirements, subject the respect of the integrity of works of mind included in the User Content.

5. WARRANTY

For the purposes of the UGC Terms of Use, you certify and guaranty (i) that you are the exclusive owner of the User Content, or that you have all the authorizations required, for all of the uses set out in the UGC Terms of Use; and (ii) that your agreement to the UGC Terms of Use does not violate any agreement, contract, right or obligation between you and any third party (partners, sponsors, team, federations, association, etc.).

You also represent and warrant that the User Content is legally available and is not encumbered – in  any way whatsoever, whether partially or completely, directly or indirectly – by  third party rights (photographs, third party’s image rights, sounds, trademarks, copyrights, etc.). Accordingly, once you reply to Guillemot with the Hashtag, you are deemed to be the sole owner of all intellectual property rights, neighbouring rights, image rights and/or to have obtained all necessary authorizations of third parties (including to have paid third parties, if applicable), and User Content is deemed publishable in your opinion. In case of requirement regarding the use of the User Content, you shall inform and indicate the particulars thereof (for example, requirement to mention the author).

You warrant that you are of lawful age and have the complete right and are entitled to enter into the UGC Terms of Use. You state further that you have read the UGC Terms of Use prior to the use of the Hashtag, and that you are fully aware of its content. The UGC Terms of Use shall be binding upon you and your heirs, legal representatives and assigns.

Accordingly, you shall hold Guillemot and its assigns harmless from any claims, court actions, civil proceedings and actions to establish title brought against Guillemot, its clients, licensees, assigns, manufacturers, distributors, agents and resellers on the grounds of the infringement of the rights of a third party, regardless of the cause thereof (copyrights, neighboring rights, intellectual property rights, image rights, right to privacy, etc.) or on which a third party possesses the rights, following the exercise of the assigned intellectual property rights or image rights.

You acknowledge and agree that Guillemot is unable to prevent and shall not be held liable for any use made by third parties of the User Content (alone, combined with other elements and/or works, or integrated in a larger unit or work) following their dissemination by Guillemot (although Guillemot shall alert the user should Guillemot become aware of any suspected misuse(s) of such User Content). Guillemot does not guarantee that the said dissemination shall take place under the supervision and control of Guillemot (for example, the publication of a video including the User Content on the Instagram website with the “Public” setting means that anyone can access, save, copy and use said video). Consequently, you agree not to make any claim or take any proceedings against Guillemot, its affiliates, directors, shareholders, administrators, employees or agents, or against the representatives, successors or officers of any of the same, or against persons acting with their permission or under their authority (hereinafter referred to collectively as the “Discharged Persons”) in relation to any responsibility whatsoever, linked to the representation, reproduction, dissemination or exposition of the User Content. You hereby agree to release, discharge and hold harmless the Discharged Persons, against and in respect of any and all losses, damages, claims, liabilities, deficiencies, liens, legal actions, judgments, and/or liquidated damages directly or indirectly related to the use of the User Content by Guillemot and its assigns pursuant to the UGC Terms of Use.

You represent and warrant that you will not jeopardize the rights granted to Guillemot and its assigns under the UGC Terms of Use. For example, you represent and warrant that (i) you will not block any material included in the User Content that has been uploaded by Guillemot on YouTube website, and (ii) it will collaborate with Guillemot in the event that a material included in the User Content is subject to a Content ID claim or any other claim.

6. PERSONAL DATA

Guillemot only use the personal data you provided within the framework of the UCG Terms of Use, for the purposes of using the User Content, and for any purpose for which you gave your prior consent. Within this framework, Guillemot collects, uses, and discloses any personal information you provided in accordance with Guillemot’s privacy policy (“Policy”), which is available by clicking here.

The terms of the UGC Terms of Use are appended to our General Terms And Conditions of use (“TAC”). Please review our TAC at:

http://www.thrustmaster.com/en_UK/company/general-terms-and-conditions-use

Last update: 17/06/2020