“Your photo caught our eye and we would love to feature you! Please reply with #YESLumix if you agree to our T&Cs”
LUMIX Terms & Conditions for the use of your Photo
Your photo caught our eye and we would like to feature you! Therefore we would like your consent to use the photo you posted.
By responding to the message from our LUMIX Instagram account with “#YESLumix” you represent and warrant that:
(i) you are eighteen (18) years of age or older;
(ii) you own all rights in and to your photo;
(iii) if your photo is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish your photo and to grant the rights set out in this T&Cs, including permission from all person(s) identifiable in your photo;
(iv) your posting of the photo is not in breach of any third party’s intellectual property and privacy rights of whatever nature;
(v) you have read these T&Cs and agree to them.
What happens if you respond with #YESLumix?
You grant us a royalty-free, worldwide, perpetual licence to use, copy and distribute your Photo for promotional purposes as we may decide, whether on our behalf or in conjunction with any entity. In particular, you give us an unlimited right to use your photo on Panasonic websites, Panasonic e-newsletters and other electronic marketing materials, Panasonic mobile apps, postings on Panasonic social media accounts, or the use on websites of Panasonic's retailers.
Please note that ownership of the copyright in the material will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
We will be liable for any direct loss or damage you suffer as a result of our breach of these T&Cs. However, to the full extent permitted by law, we will not be liable for:
(i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses;
(ii) loss of profits,
(iii) loss of business, contracts, goodwill, business opportunities;
(iv) loss of income or revenue, anticipated savings;
(v) loss or corruption of data or information, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, not any other liability which cannot be excluded or limited under applicable law.
We collect personal data as the responsible authority pursuant to the German Federal Data Protection Act and the Telemedia Act. The purpose of data collection and processing is limited to the granted license. In addition to Panasonic, your data will be processed by a third party which is strictly bound to the directives of Panasonic by means of a Data Processing Agreement. After the end of usage pursuant to these T&Cs, your data will be deleted, unless there is a statutory obligation for us to keep the data until the end of a retention period. The data is then blocked and only deleted after expiration of the retention period. You have the right to access, correct, delete and block your data. To do this, please contact Panasonic Marketing Europe GmbH, the data protection officer, Hagenauer Straße 43, D-65205 Wiesbaden or Datenschutz@eu.panasonic.com
These T&Cs are governed by and construed in accordance with the laws of Germany. The exclusive jurisdiction of the courts of Hamburg shall prevail.
Please note: all references to "Panasonic", "we", "us" and "our" in these T&Cs means Panasonic Marketing Europe GmbH, all members of the Panasonic Group of companies and our agents.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these T&Cs are invalid, then that provision will be removed without affecting the rest of the T&Cs. The remaining provisions of these T&Cs will continue to be valid and enforceable.