Social Media User-Generated Content terms of use

By sharing photos, videos, files, messages or other content, information or materials (“User Content”) on third party platforms and websites such as Instagram, Facebook, Twitter, Linkedin, our third party photo sharing software provider, and/or any brand channel, like the website for example, with a hashtag designated by Fundació Pilar i Joan Miró a Mallorca, from now on Fundació Miró Mallorca, or by replying to our authorization request with the hashtag #MiróLovers / #MiroLovers you hereby agree to the following Terms of Use:

You grant Fundació Miró Mallorca a non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, reformat, publish, broadcast, distribute and otherwise utilize your User Content in connection with Fundació Miró Mallorca‘s advertising, publicity, promotional and marketing activities in relation with Fundació Miró Mallorca. This includes, but is not limited to, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, and emails. Fundació Miró Mallorca use of your User Content may be viewed by you and others. We may elect to display or utilize your handle, your byline or associated geographic or location information when we use your User Content. We may also combine the User Content with other images, texts, graphics, videos or audio archives, and the User Content may be altered for improved commercial results.

The non exclusive nature of our license to your User Content means that you may continue to use the User Content for your own purposes and let others use your User Content. Other than your First Name, Last Name, email adress or handle, and other information that you elect to provide, Fundació Miró Mallorca will not collect personal information from you and will maintain the confidentiality of any personal information that you provide. The royalty-free nature of our license to your User Content means that we do not owe you any compensation or fees in connection with our use of your User Content or in connection with any revenue or business advantage that we might enjoy as a result of such use. The license provides us with the right to utilize your User Content anywhere in the world. Finally, the perpetual nature of the license means that it does not expire.

You will have the right to request that we cease all further use of your User Content, which you may request by notifying us at comunicacio@miromallorca.com and providing the following information: First Name, Last Name, email address, content origin, social platform and user handle and media content description. Fundació Miró Mallorca will take commercially reasonable, good-faith steps to cease further use by Fundació Miró Mallorca of specifically-identified User Content within ten (10) business days thereafter. However, Fundació Miró Mallorca may not be able to eliminate uses of your User Content that are in the process of production or distribution, or have been already produced or distributed, and not all User Content is capable of being completely or permanently removed. Lastly, Fundació Miró Mallorca shall not be responsible for any other parties’ use of your User Content, even if such third party use originated with or is derived from our use. Fundació Miró Mallorca may remove User Content from any use or material for any reason and at any time, without notice.

You represent to Fundació Miró Mallorca that:

• you are at least eighteen (18) years old;
• you own all rights to your User Content or, alternatively, you have the right to grant Fundació Miró Mallorca the rights and license described above;
• you have paid and will pay in full any fees or other payments that may be related to the production or use of your User Content;
• each individual whose image or likeness is captured in your User Content has granted you the right to use his or her image or likeness for the purposes set forth in these User Generated Content Terms of Use. Otherwise, you hold the right to make such use of his or her image or likeness on the basis of your legal relationship with each such individual, including, but not limited to, your status as the individual’s parent or legal guardian; and
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material.

Fundació Miró Mallorca is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user.

You acknowledge that Fundació Miró Mallorca has reasonably relied on the above representations and that you shall be responsible for and indemnify Fundació Miró Mallorca against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your User Content.