We, The Pokémon Company International, Inc. of 10400 Northeast 4th Street, Suite 2800, Bellevue, WA 98004, USA (registration number: BR008420) ("Pokémon", "we", "us", "our"), love interacting with Pokémon Trainers around the world and how Pokémon has inspired you on your journey. In the run up to Pokémon Day, we are running a marketing campaign (Campaign) where we select certain Pokémon related images from social media websites, including any hashtags or accompanying information (Image) to use in a mosaic (Mosaic) on our website at https://together.pokemon.com/en-gb/ (Website).
These terms and conditions (Terms), which you can find on the Website, contain our usage rights in relation to the Images. By consenting to our use of your Image in the Mosaic and thereby taking part in the Campaign, you are agreeing to these Terms. These Terms set out the legally binding agreement between you ("you" or "your") and us in relation to the Images, our obligations to you, and your obligations to us. Please read them carefully and keep a copy for your records.
1.1.We discover your Images through a variety of methods, including:
(a)posts or comments on our social media pages;
(b)your use of official Pokémon hashtags and/or tags to verified brand social accounts; or
(c)when you respond to our requests for your permission to use your Images.
2.1.If we select your Image for use in the Mosaic then we will reach out to you and ask for your consent to use the Image and you will have to confirm that you agree to these Terms.
2.2.If you do not agree to our use of the Image as set out in these Terms then you should not consent to the use of the Image or agree to these Terms.
3.1.In exchange for the opportunity for your Image to be included in the Mosaic (the adequacy of which is agreed by you and us), you:
(a)grant to us the right to publish, use, modify, adapt and otherwise alter and use in any manner the Image, together with any cutdowns, variations, stills, or part(s) of it and any images or photographs taken from it and including your image, other identifying characteristics, legal name, alias, image, silhouette, appearance, likeness (actual or simulated), actions, performance, location and other identifying information, and other reproductions of physical likeness and biographical information appearing in or used in connection with the Image, in each case in connection with the Campaign and the Mosaic only, on a perpetual, royalty-free, worldwide basis in any and all media (Permitted Purpose);
(b)agree that the Image submitted by you may be shared via official Pokémon accounts in connection with the Permitted Purpose and may be available publicly, and you will have no control over who will eventually see the Image. You should therefore be careful and selective about the personal information that you disclose about yourself and you should not disclose sensitive, proprietary or confidential information. Should you disclose information that is sensitive, proprietary or confidential, you do so at your own risk and we are not responsible for any consequences of such disclosure; and
(b)agree to us:
(i)storing copies of the Image for as long as necessary to fulfil the Permitted Purpose and storing your contact details on our database in case it we need to contact you; and
(ii)sharing the Image and your contact details with members of our group of companies.
3.2.You can withdraw your consent given in these Terms at any time by using the contact details at section 9 below. This will not affect the lawfulness of any processing carried out before you withdraw your consent.
4.1All intellectual property rights in the Image will be owned by you, subject to our usage rights in these Terms.
5.1.You confirm and agree that:
(a)you are a resident of the United Kingdom;
(b)you are at least 18 years of age (or the age of majority in your country of residence, if higher) and that each person in the Image is at least such age;
(c)the use of the Image in the Mosaic will not be submitted to you for any approvals before use and that we shall not be liable to you for any distortion or illusionary effect or adverse result to you resulting from the publication or use of the Image;
(d)we shall not be obliged to use, keep, or exploit the Image, nor shall we be obliged to provide a credit or any other form of acknowledgment to you in any way when exploiting the Image;
(e)you have no claim whatsoever against us relating to the Image and that no further sums of any nature for any reason shall be due to you in relation to the exploitation of the Image. You agree not to request from us any further payment of any kind with respect to any use of the Image;
(f)you own all right, title and interest, including copyright, in and to your Image and/or have obtained appropriate rights and permissions from any and all other persons or entities who appear in or otherwise claim any right in or to such Image;
(g)you waive all moral rights (if any) vested in you in respect of the Image and the Campaign and all allied and ancillary rights in the Campaign;
(h)the Image (and the information in it) complies with all applicable laws and is truthful and accurate and shall not breach, infringe, contravene, or detrimentally affect any other party's rights (including intellectual property rights and privacy rights);
(i)the Image does not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website; and
(j)you shall not use false identifying information in connection with the Image, pretend to be someone other than yourself, or otherwise mislead us or any relevant third parties as to the origin of any Image.
5.2.You acknowledge and agree that you shall not acquire any ownership or other right in or to any of our information or property, including but not limited to the Mosaic, by agreeing to these Terms.
5.3.Our decision regarding any aspect of these Terms is final and binding and no correspondence will be entered into about it.
6.1.Save where we have been negligent, we will not be responsible for any damage, loss or injury resulting from your entry into these Terms. We will not be responsible for any lost, damaged, defaced, incomplete, illegible or otherwise corrupt Images. Nothing in these Terms shall in any way limit our liability for death or personal injury caused by our negligence or for any other matter where liability may not as a matter of law be limited.
7.1.The personal data that you provide to us (including the Image) will be processed by us in accordance with these Terms and our privacy policy: https://www.pokemon.com/uk/privacy-notice/(Privacy Notice). Please read the Privacy Notice carefully as it provides information about how we use, share, store and process your personal information (including the subcontractors which we use for this Campaign).
7.2.You must not give us personal information about someone else, and you shall ensure that the Images do not feature anyone else's personal information, without first getting their consent for it to be used and disclosed for such use in accordance with these Terms and our Privacy Notice. When you provide such third party information, we will assume the relevant person has consented, although we may still ask for confirmation.
8.1.Entire Agreement. These Terms and any additional terms or information posted on the Website together constitute the entire agreement between you and us with respect to the Image. You and we have entered into these Terms relying only on these Terms (including any references to other terms or information provided on the Website) and neither you nor us shall be responsible for any other claims or promises made outside these Terms.
8.2.Transferring these Terms. These Terms create a legal agreement between you and us only, which you must not transfer to anyone else. We may transfer these Terms, our rights or obligations to anyone else provided that this does not significantly disadvantage you.
8.3.Third parties. Only you and us may take action under these Terms. No other person has a right to enforce these Terms or benefit from them.
8.4.Illegal or invalid parts of the Terms. If any part of these Terms are not legally enforceable, those parts will be removed and the rest of the Terms will continue to apply.
8.5.Delaying action under the Terms. If we delay or fail to take any right that we may have under the Terms, then the delay or failure does not mean that we lose or waiver that right. Any change to any rights will only be effective if it is in writing and signed by us.
8.6.Matters outside of our control. We shall not be responsible to you if the Website is affected for reasons beyond our reasonable control.
8.7.Applicable law and dispute resolution. These Terms are governed by and interpreted in accordance with the laws of England and Wales. If there is a legal dispute, we both agree that any legal action will take place in the courts of England and Wales, unless: (a) you live in Scotland, in which case Scottish law applies and any legal action will take place in the courts of Scotland; or (b) you live in Northern Ireland, in which case the laws of Northern Ireland apply and any legal action will take place in the courts of Northern Ireland.
9.1.If you have any questions about these Terms or your use of the Images, please contact us using our 'Contact Us' page available here.
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