What is #YESadidas?

Last updated: 6/7/19

 

 - PRIVACY POLICY UPDATE -

 

WHAT IS THIS ABOUT?

 

We take consumer privacy seriously and have updated our terms of service to include the use of personal data connected to pictures in light of new privacy rules.
 

SOCIAL MEDIA INFORMATION

 

This is information we use to understand you better, in order to build a better relationship with you as an adidas consumer, create products that you will like, and focus our marketing efforts on messages which you will consider helpful and interesting (based on your online behavior). This includes any social media information that is publicly available such as [but not limited to]: social media handles, social media postings and photos. This information is provided to us by the social media network (e.g. Facebook, Snapchat, Instagram, etc.).
 

FOR MORE INFORMATION

 

Please review the adidas Privacy Policy and the policy of our main partner for user generated content.


 - #YESadidas -

 

adidas usage rights for your Instagram photo

 

What is this about?

 

Your Instagram photo got our attention - and we want to share your style with the world! Therefore we plan to use the photos you posted on Instagram with the adidas-related hashtag and make it visible to all of our customers, too. (“adidas” is the adidas AG and its affiliates.)
 

By responding to the message from our adidas Instagram account with “#YESadidas” you represent and warrant that:

 
  • you are eighteen (18) years of age or older,
  • you own all rights in and to your photos,
  • you have permission from any person(s) appearing in your photos to grant the rights herein,
  • adidas’ use of your Instagram photos does not infringe the rights of any third party or violate any law, and
  • that you have read and that you agree to the following terms and conditions:


What happens if I respond with #YESadidas?

 

You grant us rights to present your Instagram photos in adidas content, or more precisely: you grant adidas an unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right of utilization of the photos you post or have already posted on Instagram with an adidas-related hashtag. An “adidas-related hashtag” is a hashtag that consists of an adidas brand, trademark or the name of an adidas product or campaign.

This means by responding with #YESadidas in the Instagram message adidas gets an unlimited right to use the photos with the relevant hashtag as digital and non-digital content. The utilization includes for example the use of the photos in the adidas online shop, adidas stores, adidas newsletters, adidas mobile apps, postings on adidas social media accounts, adidas internal communication, or the use on billboards, posters, websites of adidas retailers (e.g. Zalando, Intersport) as well as in stations and event driven campaigns. However adidas shall have no obligation to use your photo.
 

What’s in it for me?

 

Your photos will not only be visible to visitors of your Instagram feed but to other fans of adidas brand products all around the world. You have the opportunity to inspire others with your styling ideas. In return you release and discharge adidas from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with #YESadidas.
 

What if I change my mind after a while?

 

You can always revoke the granting of rights to adidas by deleting the photo itself or by just sending us an email to YESadidas@adidas.com. Additionally for photos used in the adidas web shop it is possible to click on the “report a photo” icon and promptly request the removal.
 

Why do I have to give adidas representations and warranties?

 

Because we want to make sure that no rights are infringed with the use of your photos. Therefore by responding with #YESadidas you represent and warrant that (i) you own all rights in and to your photos, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) adidas’ use of your Instagram photos does not infringe the rights of any third party or violate any law. Moreover you indemnify, defend and hold adidas and any person acting on adidas’ behalf harmless from and against any claims, damages, liabilities, costs and in connection with use of the photos as described above.
 

Why is there a limitation of liability?

 

By responding with #YESadidas to adidas’ message on Instagram, a legally binding license agreement between you and adidas is concluded and we want to minimize the legal risks for adidas with the following limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv)  loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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