BYD Social Media Content Use
Terms and Conditions
Thank you for allowing BYD Europe B.V. ( “BYD”, “we” or “our”, a private company with limited liability established under Dutch law, having its statutory seat in the Netherlands.) to use your photo and/or video, including any sound, and accompanying text posted through your account on social media, accompanying metadata such as time and place of creation, your user name, and links to your social media profile (the “Content”). The BYD Social Media Content Use Terms and Conditions shall apply for the use of your Content.
1. By permitting BYD to use particular Content (By replying with the tag the hashtag #BYDYes), you agree to be bound by these Terms. Please read and ensure you are in agreement before proceeding.
2. You grant BYD a right to use and display the Content, in any media, worldwide, for any lawful purpose, in original or edited form, including: on BYD’s social media accounts, websites, blogs, digital displays, advertising, and generally in the promotion of BYD’s products or services. Such rights also extend to BYD’s subsidiaries, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of BYD.
The rights that you grant to BYD to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission for BYD to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below and under applicable laws.
3. The rights you grant to BYD are non-exclusive and (subject to BYD’s rights) you retain all rights to use the Content for your own purposes. You agree that there will be no form of payment, royalties and/or compensation to you or any third party for use of the Content. Use is at BYD’s discretion and BYD is not obliged to use your Content in any particular way or at all. You agree that you do not have any right to review, approve, or object to BYD’s use of your Content or advertising copy, or to be identified as the author/creator of the Content. You release BYD from any claims related to BYD’s use of the Content as permitted herein.
4. BYD respects applicable laws and the rights of others and wishes to avoid using any content that does not. By agreeing to these Terms you represent and warrant to BYD that:
a) the Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant BYD the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time;
b) BYD’s use of your Content as provided herein will not infringe intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, require the payment of any compensation to any third party, or breach any applicable laws;
c) nothing in your Content will be illegal, defamatory, obscene, or threatening to any third party; and
d) you are over 18 years of age and have the right to agree to these Terms.
5. You will hold BYD harmless and indemnify BYD against any actions, loss and damage arising out of any claims by third parties in connection with the Content, including for breach of intellectual property, data protection, privacy, image, performance, or publicity rights.
6. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws. By agreeing to these Terms you give your consent to the processing of such personal data by BYD for the purposes set out in these Terms. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for processing of such personal data.
7. BYD may process personal data included in the Content or otherwise provided to us in connection with our use of the Content in accordance with all applicable data protection laws. To learn more about how we process your personal data and your rights as data subjects, please refer to our privacy policy available here: https://www.byd.com/uk/privacy. Data subjects can exercise any of their legal rights by contacting BYD at privacy.eu@byd.com. You have the right to withdraw your consent at any time in relation to your personal data in your Content, in this case, any use we have made prior to your withdrawal shall still be lawful. BYD may also engage data providers or service providers to assist with the processing of personal data contained in the Content, including Qubeeo Limited, located in the UK, who provides content curation, hosting, showcasing, and analytics services.
