SOCIAL MEDIA

GLOBAL LICENSE AGREEMENT

We want to use your content. If you agree, this sets out the terms on which you are letting us use your content.

LICENSE TO USE USER GENERATED CONTENT:

This permission to use your content (“UGC”) is an agreement between you (“You” or “Your”) and Philip Morris International Management SA (“PMI”).
You confirm that:

You are current user of IQOS and at least 18 years old (if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);
the UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them , ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so;

You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible tobacco brands, as well as thereto related products, services and promotional materials, from the date on which You grant PMI and its affiliates Your License;
You grant PMI and its affiliates the rights to reproduce, modify, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies;
You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our third party privacy notice located at www.pmi.com, and that you have notified any other people included in the UGC of these terms;
In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach;
You agree that Your License is voluntary and You are free to enter into it with PMI;
You can opt-out from Your License agreement for future UGC at any time by contacting ugc-claims@pmi.com (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your License will remain valid and enforceable with respect to any UGC You have granted us Your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible;
You can contact ugc-claims@pmi.com (email id) for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed;
You can enter into Your License by posting #okiqostermsCW in response to our request from account @iqos_CW on Instagram or account @iqos_support_cw on Twitter or by submitting, posting, sending us UGC on our channels, accounts; and
Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.

IQOS Social Media Accounts: Rules of Engagement

It is likely that You have been redirected here from one of our official IQOS social media sites, particularly from one of our IQOS Customer Care pages on Facebook or Twitter or IQOS brand communication accounts on Instagram, as applicable, jointly to be referred to hereinafter as “IQOS Page(-s)”.
The IQOS Pages are intended for adult smokers who want to continue enjoying tobacco products and adult IQOS users residing in Curacao and by engaging with our IQOS Pages You confirm You are fulfilling these criteria.

Who we are?

We are a member of the Philip Morris International (“PMI”) group of companies. We have identified ourselves to You, and given our contact details, in the website where these rules of engagement (“Rules”) are published or on the respective IQOS Page accordingly.

How do you accept these rules of engagement?

By using any of our IQOS Pages, You agree to comply with these Rules. You also agree to comply with any other applicable platforms specific terms of use (e.g. Facebook’s Statement of Rights and Responsibilities, Instagram’ Terms of Use, Twitter’s Terms of Use, etc.)

Good Conversion Practices and Our Duty to Inform

Before we tell what You shouldn’t do on our page, here are some things You should know about IQOS:
PMI offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes.

Cigarette smoking causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether.
PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products.
We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. Our smoke-free products are not an alternative to quitting and are not designed as cessation aids.
PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to a smoke-free product is, however, a much better choice than smoking.
We support our adult smoke-free product users in their journey to full conversion through education and guidance.
For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently.
Minors should not use tobacco or nicotine in any form.
Pregnant women, diabetics and people with heart problems should not use any tobacco or nicotine product.

Your Contribution

We’ll regularly monitor the IQOS Pages, responding to and passing on as many useful recommendations as we can. We are glad you are here and expect feedback and passionate conversations but let’s keep it clean and positive.

You are responsible for the content You post on this page and we reserve the right to remove any postings that contain:

Offensive or violent language
Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation or political beliefs
Links or comments containing sexually explicit content material
Violations of copyright or intellectual property rights
Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices
Attacks on specific groups or any comments meant to harass, threaten or abuse an individual
Commercial solicitations or the promotion of a competitor
Confidential information or trade secrets
Impersonate any person or organization

We reserve the right to ban or block a user posting content as described above and for a pattern of inappropriate postings or as otherwise deemed necessary by us, or remove any posts on our IQOS Pages, if we do not think that a post complies with these Rules or any other applicable platform specific terms of use. And we shall be under no obligation to notify You of any such decision.
License to Use User Generated Content (“UGC”). We would like to re-use the content that You submit, post, send us in Direct Private Message (DM) on our IQOS Pages.

For any UGC that You share with us, you represent and warrant that:

You are a current user of IQOS and at least 18 years old (if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);
the UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them , ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so.

You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant PMI and its affiliates Your License.
You grant PMI and its affiliates the rights to reproduce, modify, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.
You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partners privacy notice available at https://www.pmi.com/legal/legal-documents, and that you have notified any other people included in the UGC of these terms.
In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.
You agree that Your License is voluntary and You are free to enter into it with PMI.
You can opt-out from Your License agreement for future UGC at any time by contacting ugc-claims@pmi.com (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your License will remain valid and enforceable with respect to any UGC You have granted us Your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible.
You can contact ugc-claims@pmi.com for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.
Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Remember, posts from You or other people do not necessarily represent the views of Philip Morris International. We do not have responsibility for any content or links shared by You or other people. If you want to share this page or its content with Your own community, please, make sure the people who see your posts are legal age smokers or adult IQOS users.

LIABILITY AND DISCLAIMERS

YOUR USE OF OUR IQOS PAGES IS AT YOUR SOLE RISK. OUR SOCIAL MEDIA SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHERE POSSIBLE, WE MAY RESTRICT YOUR ACCESS TO OUR IQOS PAGES OR ANY FEATURE OR PART OF THEM AT ANY TIME. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON OUR SOCIAL MEDIA SITES IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT OUR SOCIAL MEDIA SITES WILL BE SECURE; OR THAT INFORMATION ON OUR SOCIAL MEDIA SITES WILL BE COMPLETE, ACCURATE OR TIMELY.

IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR ACTIONS OR CONTRIBUTIONS, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SOCIAL MEDIA SITES. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Data Privacy

If You do provide us with any personal data on IQOS Pages, we will process it in accordance with the privacy notice which is available here.

Changes to these Rules

We may amend these Rules from time to time without any notice. We encourage You to check these Rules each time You access and use our IQOS Pages in order to stay up-to-date. If you then continue to use the IQOS Pages, your use will mean you accept the updated Rules. The date at the top of this page shows when these Rules were last updated.

Jurisdiction

The laws of Switzerland govern this Rules and Your use of our IQOS Pages, and You irrevocably consent to the exclusion jurisdiction of the competent courts located in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Right to Assign, No Waivers, Severability

PMI may assign its rights and duties under these Rules to any party at any time without notice to You, unless notice to You is required by applicable law, but this will not affect Your rights or our obligations under these Rules.

Our failure to insist upon or enforce strict performance of these Rules is not a waiver of any of these Rules or PMI’s rights. Users should always assume these Rules apply.

If any provision in these Rules is held invalid or unenforceable, the remainder of these Rules shall continue to be enforceable.

Thanks for reading. Please enjoy our community!

Notes on revision:
Last modified on 10/29/2019