Terms and conditions for use of User Content
Important information about the use of User Content on Instagram
I acknowledge that by responding to the email from Qantas and providing the User Content, I consent to the following terms and conditions.
As a non-paid content provider, I hereby irrevocably agree to the following in relation to the User Content Qantas has contacted me about (‘User Content’). I note that User Content includes my comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information.
1. I own all rights in the User Content.
2. I have obtained all necessary consents and the:
a) User Content and its use by Qantas and its related entities as proposed in item 4 of these terms does not violate, misappropriate or infringe the rights of any other person or entity, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
b) Express consent and necessary waivers required for Qantas and its related entities to use the User Content as described in item 4 of these Terms.
c) Authority from each person featuring in the User Content to be used by Qantas and its related entities as proposed in item 4 of the terms.
d) Authority from the parents and guardians of children under 18 years, to be used by Qantas and its related entities as proposed in item 4 of the terms.
3. I agree that Qantas may use my User Content around the world for commercial purposes and I am not entitled to a fee
a) I grant Qantas [Qantas Airways Limited ABN 16 009 661 901] (Qantas) and its related entities a perpetual, non-exclusive, royalty-free, worldwide, irrevocable, licence to use (including a right to sub-licence), modify and reproduce the User Content and acknowledge Qantas’s desire to display the User Content in electronic communications (including Red Email and the Qantas website) and/or other online media platforms, including on social media, the Qantas magazine, inflight materials and other marketing and that this use may be for commercial purposes.
b) I understand that I will not be entitled to receive any fee for the uses described above, including where Qantas or its related entities have used the User Content for commercial purposes.
c) I acknowledge that Qantas is not obliged to use the User Content. If Qantas does use the User Content, such use does not create any association, sponsorship or affiliation between Qantas and me.
5. I may revoke the rights I have granted to Qantas to use the User Content
a) I will revoke the rights I have provided to Qantas to use the User Content by emailing Qantas at firstname.lastname@example.org, providing 30 days’ notice from the time Qantas receives the notice, for Qantas to remove the User Content from all digital displays and 60 days’ notice to remove from all non-digital displays.
b) To be effective I will ensure my notification to revoke the rights I have granted to Qantas includes:
i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
ii) identification of the claimed infringing material and information reasonably sufficient to permit Qantas Airways to locate the material on the Site;
iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your physical or electronic signature; and
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may remove the identified materials without liability.
6. You also understand that by granting us permission to use your User Content, you are at least 18 years of age, and release Qantas and its affiliates, their employees and officers, and any third party services that use your User Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable legal fees and expenses relating to or arising out of the use of your User Content as contemplated by this license.