Pokémon Together

Terms and Conditions

Materials Submitted to Us

We love interacting with Pokémon Trainers around the world and how Pokémon has inspired you on your journey. We welcome your remarks, suggestions, reviews, ideas, photos and videos and other information (“User Generated Content” or “UGC”). We discover your UGC through a variety of methods, including:

post or comment on our social media pages;

use official Pokémon Together hashtags and/or tag verified brand social accounts; or

respond to our requests for your permission to use photos or other information posted on social media channels.

Your UGC is subject to this specific agreement about UGC.

IT IS IMPORTANT TO REMEMBER THAT UGC SUBMITTED BY YOU MAY BE SHARED BY OFFICIAL POKEMON ACCOUNTS, WITH YOUR PERMISSION. Your information may be available publicly, and you have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do 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 The Pokémon Company International is not responsible for any consequences of such disclosure.

Ownership. As between you and TPCi, you are and will remain the owner of your UGC, and you represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to your UGC you submit or post to the Website or agree to allow us to repost or use and such UGC is truthful and accurate and shall not breach, infringe, contravene, or detrimentally affect any other party's rights whatsoever, including intellectual property rights, and that no other party has any rights to it including so-called "moral rights." In other words, you promise that no other company or person will claim that you stole or are inappropriately using your UGC.

Right to Monitor & Editorial Control. The Pokémon Company does not and cannot review all UGC, and we rely on you to make sure that your UGC is appropriate and applies with applicable laws. You agree that your UGC will not violate any right of any third party, including right of publicity, copyright, trademark, privacy rights (including children’s privacy rights) or other personal or proprietary right. You also agree that your UGC will not contain libelous 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. You may not use a false email address or other identifying information, pretend to be someone other than yourself, or otherwise mislead The Pokémon Company or third parties as to the origin of any UGC. However, The Pokémon Company does reserve the right, but does not have an obligation, to monitor and/or review UGC and to delete, revise, or otherwise modify your UGC in our discretion, subject to applicable law. We reserve the right to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of our Terms & Conditions, The Pokémon Company’s policies or applicable law.

Content and Likeness Authorization

As a part of its social media activities, The Pokémon Company engages with social media users and seeks their permission to reproduce, republish, repost, and/or otherwise use certain images, videos, photographs, creative works, captions, phrases, taglines, hashtags, social media handle(s) and/or username(s), URL(s), and other content (collectively, “Content”) as well as any legal name, alias, image, silhouette, appearance, likeness (actual or simulated), actions, performance, location and other identifying information, including but not limited to voice (with the right to “dub” the voice of another), and other reproductions of physical likeness and biographical information appearing in or used in connection with the Content (collectively, “Likeness”) on its social media page(s), website(s), mobile application(s), and/or marketing and advertising materials and executions (collectively, “Platforms”). You are reading this because The Pokémon Company has requested your permission to use your Content and/or Likeness on its Platforms.

This Waiver and Release from Liability and Authorization to Use Likeness and Content (“Authorization”) constitutes a legal and binding agreement between you and The Pokémon Company. For good and valuable consideration, including promotional consideration which may derive from the publication of the Content and/or Likeness, the receipt and sufficiency of which is hereby acknowledged and agreed to by you and The Pokémon Company, and by replying to our message with “#YesPokemon” or with another phrase as indicated by us, or by sending Content to the email address we provide in our communication(s), you knowingly and freely acknowledge and agree to all of the terms of this Authorization on behalf of yourself, your representatives (legal or otherwise), your executors, administrators, heirs, beneficiaries, spouse, guardians, relatives, next of kin, successors and assigns. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AUTHORIZATION, DO NOT REPLY TO OUR COMMUNICATION(S) OR SEND US ANY CONTENT.

The Pokémon Company reserves the right to alter this Authorization without advance notice to you. Review the Authorization each time you grant permission or authorization to The Pokémon Company to use any Content and/or Likeness.

You hereby agree, represent, and warrant that (i) you are the sole author and creator of, and/or appear in the Content and you own all rights, title, and interest in and to the Content and Likeness 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 Content or Likeness; (ii) you and any and all other persons who appear in or otherwise claim any right in or to such Content or Likeness are at least 18 years old or the age of majority in your place of residence, whichever is older; (iii) the Licensed Parties’ use of the Content or Likeness 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 (iv) the Content or Likeness is not libelous, defamatory, obscene, pornographic, abusive, or otherwise unlawful or offensive.

You HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE from any and all claims, liability, causes of action, compensation, fees, damages, suits, demands, judgments, losses, and/or costs and expenses (including attorneys’ fees) of any kind or nature, whatsoever, in law, equity, or otherwise, that you ever had, now have, or in the future may have against the Licensed Parties including, but not limited to, defamation, invasion of privacy, publicity, or for any similar matter, death, personal injury, sickness, loss of services, as well as property or reputational damage, and expenses of any nature whatsoever, which may be incurred by you in connection with the use of the Content or Likeness, even if arising from the negligence of the Licensed Parties. You AGREE NOT TO SUE any of the Licensed Parties for any of the claims or liabilities that you have waived, released, or discharged herein. You hereby INDEMNIFY, DEFEND, AND HOLD HARMLESS the Licensed Parties from any claims made or liabilities assessed against them as a result of the use of the Content and/or Likeness. You specifically understand that you are releasing, discharging, and waiving any claims or actions that you may have presently or in the future for the negligent acts or other conduct by the Licensed Parties relating to this Authorization. You acknowledge and agree that you shall not have, and hereby waive, the right to terminate or rescind this Authorization, or to enjoin or restrain the use of the Likeness or the Content.

You acknowledge and agree that you do not acquire any ownership or other right in or to any information or property of The Pokémon Company by agreeing to this Authorization.

This Authorization is personal to you and may not be assigned or transferred by you for any reason whatsoever without The Pokémon Company’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. This Authorization shall be subject to the Terms of Service set forth on www.pokemon.com, which shall be made a part of this Authorization. And your personal data shall be held accordance with our Privacy Notice. In the event of a conflict between this Authorization and the Terms of Service, the Terms of Service shall control.

If you have questions or comments about our data practices or this Authorization, you can contact us or our data protection officer at:

The Pokémon Company International,
Inc.Attn.: Data Protection Officer

10400 NE 4th Street
Suite 2800
Bellevue, WA 98004
USA
3rd Fl Bldg. 10, Chiswick Park
566 Chiswick High Road
London, W4 5XS
United Kingdom
The Pokémon Company International Ireland Limited
3rd Floor, 2 Central Plaza, Dame Street
Dublin 2, D02 T0X4, Ireland

privacyquestions@pokemon.com

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You are about to leave a site operated by The Pokémon Company International, Inc.

The Pokémon Company International is not responsible for the content of any linked website that is not operated by The Pokémon Company International. Please note that these websites’ privacy policies and security practices may differ from The Pokémon Company International’s standards.

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