Thank you for sharing your photos with us!
You are likely reading this because we have asked you for additional rights to share your photos and other content on our various communication channels.
Preamble
These General Terms and Conditions of Use for your publications on social networks (hereinafter referred to as the "Terms and Conditions of Use") are agreed between Manufacture Française des Pneumatiques Michelin, a company organized and existing under the laws of France and having its registered office at Place des Carmes Déchaux, 63040 Clermont-Ferrand Cedex 9, France, registered with the Trade and Company Register of Clermont-Ferrand under number 855 200 507 and/or its related subsidiaries, affiliates, contractors, directors, agents, employees, successors, sub-licensees (hereinafter referred to as "Michelin" or "us") and any person publishing their photos and other content under the conditions detailed below (hereinafter referred to as "you").
By answering our request to use your photos and other content via the hashtag "#ouiguidemichelin" and/or "#yesmichelinguide", you accept these Terms and Conditions of Use.
1. Criteria for the selection of photos
We select photos that highlight the selection of restaurants in the MICHELIN Guide and correspond to the image and culture of the brand.
The photos, as well as the captions and/or comments attached to them, must be of good quality and must not, under any circumstances:
We select photos that highlight the selection of restaurants in the MICHELIN Guide and correspond to the image and culture of the brand.
The photos, as well as the captions and/or comments attached to them, must be of good quality and must not, under any circumstances:
-Be of a violent, dangerous, offensive, hateful, discriminatory, profane or pornographic nature; or, more generally, be contrary to Public Order, morality and the legislation in force
-Infringe any intellectual property rights of a third party, including, but not limited to, the image rights of individuals and/or the copyright of a third party and/or the trademark
-Infringe the reputation, privacy or integrity of any person, living or deceased; allow any individual to be identified
-Constitute a counterfeit act or unfair competition
-Contain a virus, worm, corrupted file or other form of malicious code or content that may harm a website or computer.
As an exception to the foregoing, if you provide us with a photograph in which individuals are identified, you represent and warrant that you have the express permission of such individuals to be photographed and for the photograph and their names to be used and shared with and by Michelin in accordance with these Terms and Conditions of Use.
2. Procedure for selection of photos
We contact the social network profiles of the photos we select by posting a comment under the said photos.
We contact the social network profiles of the photos we select by posting a comment under the said photos.
If your photo is selected, you will receive a comment under your photo from the official MICHELIN Guide page: michelinguide (Instagram). To grant us your permission and formalize your approval of these Terms and Conditions of Use, you must indicate your agreement by using the hashtag "#ouiguidemichelin" and/or "#yesmichelinguide".
Only photos identified by the hashtags "#ouiguidemichelin" and/or "#yesmichelinguide" will be eligible for potential publication on our channels.
Due to the very large number of photos present on social networks, and even if these photos comply with all the conditions set out in the Terms and Conditions of Use, we reserve the right not to use all the photos selected to be published on our channels, without this involving our responsibility in any way whatsoever.
3. Transfer of rights to the Content
You keep all of your intellectual property rights in your photograph or other content, but you grant us permission to use the photograph and, if applicable, your Instagram handle, as determined by us. In addition, it is hereby specified that we will use our best endeavors to respect your moral rights, in particular right of authorship and/or the copyright of the authors of photographic works.
By submitting your photo(s), or other content, including, but not limited to, photo captions, your name and/or the name of any person appearing in the content (collectively, the "Content") to us, through the above means, you grant us, for the worldwide and for the duration of the literary and artistic property rights attached to the relevant content by current and future international conventions, without restriction, royalty-free, and with permission to sublicense, the right to: (a) publish, publicly display and perform ; reproduce, and modify, edit, alter ; and otherwise use, distribute and exploit the Content, in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format, now existing or hereafter created, including, but not limited to, printed or recorded materials, websites, emailing and social media platforms; and (b) use your name, commentary and other information about you in connection with the Content.
4. Deletion of Content
By us - We reserve the right, without notice and in our sole discretion, without any right to claim compensation from you, to use, not use or discontinue the use of any Content, even if you have given us permission to use such Content.
By you - You may, at any time, revoke the grant of rights to your Content by sending a request to our customer service : https://guide.michelin.com/en/contact-us.
We will make our best efforts to process such requests as quickly as possible.
5. Guarantees and liability
Acceptance of Terms and Conditions of Use - By authorizing the use of your Content as described above, you warrant that you have read, understand and agree to these Terms and Conditions of Use in their entirety.
Guarantees on the rights of the photos - You certify that you have all the copyrights and/or other intellectual property rights of the published Content; as well as all the authorizations relating to the image rights of the individuals who appear on the photos. For all intents and purposes, it is hereby specified that the publication of Content showing minors requires that you have previously obtained the agreement of their legal representatives.
Consequently, you represent and warrant that you have taken the photograph yourself and own the copyright and/or the image and intellectual property rights in the photograph; or that you have the licenses, rights, consents and permissions from any third-party owner of such rights in the photograph, to allow us to use and share the photograph in accordance with these Terms and Conditions of Use. You warrant to us that you will have peaceful enjoyment of the Content.
Actions and Claims - You agree not to bring any action (including on behalf of third parties) of any nature related to the use of the Content as described above against Michelin, and against any persons acting on our behalf; and to indemnify, defend and hold harmless Michelin from and against any and all claims, damages, causes of action and/or liability and expenses (including attorneys' fees), of any nature, direct or indirect, forseen or unforeseen, arising out of or relating to the Content, the breach or alleged breach of these Terms and Conditions of Use, or the violation of any rights of any third party.
Liability - Michelin cannot be held liable for any damage, whether direct, special, indirect or accessory, related to the use of the Content. Furthermore, Michelin cannot be held liable for any future unauthorized use by third parties.
6. Personal data
As personal data controller, we implement personal data processing for the purpose of managing authorisations and copyrights and/or photo credits for Content collected via social networks.
The personal data relating to the Content are kept for the duration of its use by Michelin.
These data are reserved for the use of Michelin staff and/or its subcontractors.
In order to offer adequate guarantees concerning the protection of the personal data of its users, a cross-border flow agreement containing the standard clauses of the European Commission has been signed by Michelin.
In addition, in accordance with the French Data Protection Act of January 6th 1978 as amended and the General Regulation on the Protection of Personal Data of April 27th 2016, you have the right to access, modify, rectify, portability, oppose and delete (opposition for legitimate reasons) all data concerning you, as well as the right to define instructions on the fate of your data after your death, with Michelin. For this, you just have to request it either:
- By our online form: https://guide.michelin.com/en/contact-us; or
- By post to the following address: Manufacture Française des Pneumatiques Michelin - Service Client Guide Michelin - 30 Cours de l'île Séguin - 92100 Boulogne-Billancourt France
7. Modification
We reserve the right, without any right to claim compensation from you, to modify, in whole or in part, at any time, the Terms and Conditions of Use.
Any modification will enter in force immediately upon publication on the following web page: [insert page]. We recommend that you review the Terms and Conditions of Use each time you visit us and before you provide your consent, if any.
If you do not agree to the modifications, you may request the deletion of your Content in accordance with the provisions of Article 4 "Deletion of Content" of these Terms and Conditions of Use.
8. Severability – Enforceability
If any provision or condition of the Terms and Conditions of Use is deemed invalid, illegal or otherwise unenforceable, that provision or condition will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions of Use will remain in full force and effect.
9. Conflict resolution
If you have a disagreement with us or think any of your Content has been used without your permission or in violation of your rights, let us know so that we can try to work it out. You can do this by requesting it either:
- By our online form: https://guide.michelin.com/en/contact-us ; or
- By post to the following address: Manufacture Française des Pneumatiques Michelin - Attn: Service Client Guide Michelin - 30 Cours de l'île Séguin - 92100 Boulogne-Billancourt France
10. Language and applicable law and jurisdiction
Notwithstanding any translation that may be made, signed or not, and except where prohibited by local law, the authentic language for the interpretation and/or execution of these Terms and Conditions of Use is the English language, which the User expressly accepts.
The present Terms and Conditions of Use are governed and interpreted in accordance with French law.
Regardless of their location, if the parties fail to find an amiable solution within thirty (30) days of notification of a dispute, they shall submit it to the exclusive jurisdiction of the competent courts of Clermont-Ferrand - France.
