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LICENSE TO USE USER GENERATED CONTENT

  • This permission to use your content (“UGC”) is an agreement between you (“You” or “Your”) and Philip Morris International Management SA (“PMI”).
  • You confirm that:
  1. You are current user of IQOS and a t least 18 years old(if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);
  2. the UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
  3. our permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
  4. 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;
  • 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 and marketing purposes, the UGC for all lawful purposes from the date on which You grant PMI and its affiliates Your License;
  • 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;
  • 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 third party privacy notice located at https://www.pmi.com/resources/docs/default-source/legal/pmi---third-party-privacy-notice.pdf?sfvrsn=0 , and that you have notified any other people included in the UGC of these terms;
  • 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;
  • You agree that Your License is voluntary and You are free to enter into it with PMI;
  • You can opt-out from Your License agreement for future UGC uses at any time by contacting ugc-claims@pmi.com or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your License will remain valid and enforceable with respect to any UGC You have granted us Your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible;
  • You can contact ugc-claims@pmi.com 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;
  • You can enter into Your License by posting #okiqosit in response to our request from account @iqos on Instagram or by submitting, posting, sending us UGC on our channels, accounts; and
  • Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.

 

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