By agreeing to these terms and conditions (“T&C”), the Content creator (“Creator”) agrees to assign the rights to the Content its creates to AccorHotels Middle East and Africa FZ-LLC (“Accor”), a limited liability company, registered in Dubai Media City, United Arab Emirates, part of the Accor Group. Definitions.
“Accor Group” means Accor S.A. and/or its Affiliates. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control of Accor S.A. “Content” means the content 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 equipment, 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 any media, 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.
Assignment of Creator’s rights. Creator agrees to transfer all Intellectual Property Rights in the Content to Accor with the possibility for Accor to use the Intellectual Property Rights to any of its hotels operating under a brand belonging to an Accor Group. The Intellectual Property Rights will be assigned for exploitation and use on the various platforms 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.
Assignment of the Creator’s image rights. The Creator grants Accor (with the possibility for Accor to use the Image to any of its hotels operating under a brand belonging to an Accor Group) a royalty-free, perpetual, non-exclusive license, to reproduce and disseminate his/her/their image, including his/her/their images, appearance, surname and first name, social media name(s) and role(s) (hereinafter the “Image”) for advertising and communication purposes subject to the conditions set out below.
The rights mentioned above will be assigned for exploitation and use on social media platforms such as Facebook, Twitter, Instagram, Snapchat, etc., on video sharing sites such as YouTube, Dailymotion, etc., on video and music streaming sites as such Deezer, Spotify, etc., on 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.
Commercial use. The Creator authorises Accor to reproduce and distribute, free of charge, the Content and Image on all digital platforms as part of Accor’s communication activities in the context of professional advertising and in the context of public relations activities, including but not limited to Accor’s websites or those of the Accor Group to which it belongs (including pages on social media or video-sharing sites).
Warranties and Representations. The Creator represents and warrants:
that it is legally capable of entering into the Agreement – and if not, that a legal guardian or parent authorizes the same by notifying Accor prior to the use of the Content;
that it has the necessary power and authority to grant and give Accor, all the rights and warranties set forth in the Agreement;
that the Content created by the Creator under this Agreement are original works that do not infringe any copyright 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 Creator acknowledges and agrees no royalties or payment is due in connection with the assignment 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 indemnify Accor for any sanctions and all costs incurred in defence or settlement of the same.
Disputes Any disputes arising out of these T&Cs shall be subject to the laws of England and Wales and the competent courts of England and Wales.