Dear partner:
Thank you for responding to our request for your content!
As we indicated in our contact message on social media, we really like some of your audiovisual content (in this document we'll refer to it as "Content", with a capital C) and we think our customers and followers will like it as well.
We'd like to use your Content in the form of text, images, video and other types of multimedia elements on our websites and in our publications, and in the channels and platforms we use to communicate with our customers, registered users and/or members of our loyalty programmes (such as Iberia Club, On Business,...). We think it will inspire them to travel to places like the one you have captured so well. We'd also like to use your content in the communication materials and elements we create to publicise and promote not only our services but also our country, our friendly culture and our deeply held values.
Since we respect your rights and those of other creators, we'd like to request your consent to use your Content. If you reply to our request with IberiaSI and @Iberia, we will understand that you are giving us your consent after reading and accepting the following terms and conditions.
What we are asking for/what rights we need you to give us...
With your consent, indicated in the manner explained above, you grant IBERIA(*) and its subsidiaries(**) a licence and non-exclusive, perpetual, free, universal, transferable and sublicensable right to do the following:
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host your Content in printed or electronic format;
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publicly display, disseminate, distribute, edit, modify, adapt or translate your Content, or create works derived from it, in our destination guides and other publications in printed or electronic format, on our websites, in our social media, our blogs and our various electronic communications for miscellaneous purposes.
(*) IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A. OPERADORA, SOCIEDAD UNIPERSONAL, with Tax ID No. A85850394 and registered address at Calle Martínez Villergas 49, 28027 Madrid. Recorded in the Madrid Mercantile Registry on sheet M-491912.
(**) Currently, COMPAÑÍA OPERADORA DE CORTO Y MEDIO RADIO IBERIA EXPRESS, S.A.U., with Tax ID no. A86312691 and registered address at Calle Alcañiz 23, 28042 Madrid. Recorded in the Madrid Mercantile Registry on sheet M-526805.
What we need you to implicitly assure us with your consent to use your Content...
It's important that you understand that we will only be able to use your Content if you genuinely have the legal capacity and right to grant us the licence and rights over the Content as explained above.
We therefore ask you to carefully read the requirements indicated below and to give us your consent to use your Content only if you meet each and every one of them:
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you are over 18 years old,
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you created the Content (you took the image, photograph, video, etc...., you are their author) or you own the necessary rights over the Content to be able to grant consent for their assignment and the use requested;
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if you appear in the Content in question, you grant us the right to use your image in the same terms and conditions as those in which you are authorising the use of the Content;
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if other people appear in the Content in question, you have informed and obtained the consent of each of those people (or their parents or legal guardians if they are underage or legally incapacitated) for us to use their image - and their name/identity, as applicable - in the same terms and conditions as those in which you are authorising us to use the Content. If you are unsure about this, we urge you to check with the people in question by sending them the link or a copy of these assignment terms and conditions to inform them and obtain their permission;
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your Content doesn't contain any registered trade marks or material protected by third-party copyright, or material subject to other third-party ownership rights that require additional or supplementary consents to allow us to use your Content in the terms requested;
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you waive your moral and economic rights as the author of the Content for the sole purpose of allowing its peaceful use, in good faith, in the terms requested, and
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you grant your consent freely, voluntarily and generously, and without any type of coercion or pressure from us or from any other person or party.
In any case, if you consent to our request you will always be the material author of your Content and you will never lose your legally recognised intellectual, moral or economic rights beyond the terms described above.
Manage your expectations regarding our use of your Content...
Although we are really interested in your Content, it may take us some time to find the best place to use it, or we may decide not to use it after all. If we do go ahead and use it, it may subsequently become necessary, for whatever reason, to stop using it.
What we are trying to explain to you is that we reserve the right to use your Content but we are not obliged to use it and we are not promising that we will use it. We thank you in advance for understanding this.
In return, you can always revoke the consent you have given us...
You will control the use of the Content you have authorised. If you change your mind and want to revoke your authorisation, you can notify us by sending an email to legal@pixleeturnto.com. Please state "Revocation of authorisation to use Content" in the subject line and supply your ID number and contact details, attaching a copy of the Content in question or a link to the platform where you have posted it or it is available.
We would also be grateful if, as far as possible, you could tell us the websites, materials, etc.... where we are currently using your Content, since that will make it easier for us to comply with your wishes. It may take us some time (days or weeks) to replace your Content and remove it from the editable places where we are using it.
Lastly, please note that we won't be able to remove your content from places, channels, etc. that we can't edit or modify: e.g. printed publications or electronic ones that are no longer under our control.
For any misunderstanding we may have with you...
Your consent regarding the use your Content is governed by the common law of the Kingdom of Spain and subject to the jurisdiction of the competent courts in the city of Madrid.
However, if any misunderstanding arises over our use of your Content, we would ask you to try and resolve it first of all in a friendly and reasonable manner. We hope that both of us, you and Iberia, would only resort to the jurisdiction of the courts if the attempt to reach an agreement has proved unsuccessful.
Information about our privacy commitments
We will need to process your personal information to maintain contact with you and manage your authorisation and licence to use your Content, or to be able to trace its origin in your social media profiles. This processing will generally be carried out in line with the terms of our personal data protection policy with Iberia customers and passengers.
Please note that we use an external service provider called Pixlee to process personal data and help us manage the Content authorisations we receive as well as the content on our social media. You can check their privacy policy at https://pixlee.com/privacy.
Thank you so much!