By agreeing to these terms and conditions (“T&C”), the Content creator (“Creator”) agrees to assign the rights to the Content it creates to Accor SA (“Accor”), a French société anonyme (limited company) registered in the Trade and Companies Register of Nanterre under the number B 602 036 444, having its registered offices at 82 rue Henri Farman - CS 20077 - 92445 Issy les Moulineaux Cedex– France. Definitions. “Accor Group” means Accor S.A. and/or its Affiliates and/or Accor Hotels. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control of Accor S.A. Accor Hotels means Any company operating a hotel or premises under a brand owned by ACCOR Group, which may be Accor Group or a company with a franchise or management agreement with Accor Group; “Content” means the content, including photos, videos, posts, created by the Creator, posted on social media platforms (included but not limited to Instagram, Snapchat, Tiktok, Facebook) and selected by Accor through TINT. “Intellectual Property Rights” means all intellectual property rights in the Content including all proprietary rights to reproduce, represent and adapt the Content, for any use, and in particular for commercial and/or promotional and/or advertising purposes. Such rights are described as follows: The right of reproduction, that is, the right to reproduce the Content by any technical means, on any material, in any size and on any media, without any limitation on quantity; The right of representation, that is, the right to publicly communicate the Content on the media defined below, whether tangible or intangible, and by any technical means, to any audience, without any limitation on the number of representations; The right to create derivative works from the Content; and The right to adapt, that is, the right to apply any modifications required by technical, commercial or marketing constraints to the Content.
Grant of the Creator’s Intellectual property rights and Creator’s image rights.
Creator grants ACCOR a royalty-free, worldwide, perpetual, transferable, non-exclusive licenseto useall Intellectual Property Rights in the Content and to use his/her/their personality rights, including image, appearance, surname and first name, social media name(s) and role(s) (hereinafter the “Image”) for any purpose and any type of use (in particular commercial, advertising, promotional, non-commercial) subject to the conditions set out below.
The Intellectual Property Rights and the Image will be granted for exploitation and use on all digital media, including without limitation all websites, social media platforms (Facebook, Twitter, Instagram, Snapchat, etc.), video sharing sites (YouTube, Dailymotion, etc.), video and music streaming sites (Deezer, Spotify, etc.), mobile applications, podcasts, blogs, vlogs, including any type of media purchase such as advertising banners (including pop-ups, gifs, and any other format), pre-roll, VOD and keywords, in any format such as video, jpeg, png and gif,and in any media now or hereafter known.
All the rights mentioned above may be shared and used directly by Accor and/or Accor Group. ACCOR is also entitled, to sub-license the rights granted in the Content whatever the means, free of charge or not, to any third party, individual or corporate body, contributing, for any purpose, at present time or in the future, in the operation of the hotels of the ACCOR group and/or the promotion of Accor Group and all of its brands.
Warranties and Representations. The Creator represents and warrants:
that it is solely responsible for the Content and that it is legally capable of entering into the Agreement; that it is not a minor; ; that it has the necessary power and authority to grant and give Accor, all the rights and warranties set forth in the Agreement; that it owns all the rights on the Content and /or has obtained the appropriate rights and permissions, and that the Content created by the Creator under this Agreement are original works that do not infringe any rights, including but not limited to copyright, trademark, patent, trade secret or any personality rights (such as image rights) and are not the subject of any third-party claims, including on the basis of copyright, trademarks and civil liability (parasitism and unfair competition).
The present guaranties will remain in force as long as the intellectual property rights granted will remain in force.
The Creator acknowledges and agrees no royalties or payment is due in connection with the grant of the Creator’s rights and image for any past, present or future exploitation of the Creator’s rights and image by Accor.
Liabilities. In the event that proceedings are brought in relation to the Content against Accor, the Creator undertakes to hereby release, discharge and agree to hold Accor harmless from any liability related in any way to the use of the Content.
Disputes Any disputes arising out of these T&Cs shall be subject to the laws of France and the court of Paris shall be competent.
Information concerning you is processed by ACCOR SA for the management of this copyright transfer. This data processing is necessary to enable us to perform this transfer. Your data are intended for authorised personnel in charge of managing this transfer and will be kept for the duration of the transfer. To exercise your rights, please write to the address below. You may also contact Accor Data Protection Officer by writing to accorhotel.dpo@accor.com or lodge a complaint with a supervisory authority.