User Generated Content Terms of Use

23 Nov. 2017
Havana Club User Generated Content Terms of Use

Havana Club International SA (“Havana Club”) reaches out through Pernod Ricard SA to social media users to seek their permission to feature our favorite content on our various sites and social channels. You are reading this because Havana Club has requested your permission to use your social content in this way.

If you choose to allow us to use your social content (“Social Content”) by replying with the hashtag #YesHavanaClub, you agree to these terms of use (“Terms of Use”).

Havana Club 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 Havana Club and all companies of the Pernod Ricard group of companies to which it belongs (the “Licensed Parties”) a worldwide, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right to use your Social Content for a period of one year (starting as from the date on which you replied with the hashtag #YesHavanaClub) on any digital media, including but not limited to on webpages and social media pages operated by the Licensed Parties.. 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, image, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your Social Content.

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 a minor, (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

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 SA collection of any personal information 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 information in this way, please do not reply with the hashtag #YesHavanaClub. Your personal information 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 information on Pernod Ricard SA 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, the Privacy Policy and applicable data protection laws and regulations. You can exercise your rights of access, rectification, cancellation, restriction of processing, data portability and opposition by sending an email to HC_contact@havana-club.com.

MISCELLANEOUS

You agree that if Havana Club does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Havana Club has the benefit of under any applicable law), this will not be taken to be a formal waiver of Havana Club’s rights and that those rights or remedies will still be available to Havana Club.

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.

Last updated: February 13, 2018