Miele Terms and Conditions for User Generated Content
Last modified: August 24, 2022.
We noticed that you tagged us in your content on social media. We really like it and would like to repost it on our social media channel(s) (e.g. on Facebook, Instagram, Youtube, Twitter and others). In order to do so, we need your permission to use your content. Therefore, please find below our Miele Terms and Conditions for User Generated Content.
1. Scope of Miele Terms and Conditions for User Generated Content
1.1 The following Miele Terms and Conditions for User Generated Content (“Terms”) apply for the use of your content made available on social media, that means literary works such as those expressed in words, numbers, or other verbal or numerical symbols or indicia; pictorial or graphic works such as those in digital photographs, art reproductions, maps, charts, diagrams, models and technical drawings; motion pictures, including videos together with accompanying sound, if any; and other audiovisual works; phonorecords; sound recordings; musical works; dramatic works; choreographic works; pantomime; and compilations or derivatives of any of the above works (“Content”) Miele, Inc., 9 Independence Way, Princeton, NJ 08540.and/or any of our affiliates (collectively hereinafter referred to as “Miele”).
1.2 By agreeing to the use of your Content by Miele, you acknowledge and agree to these Terms in full.
1.3 If you are an individual representing a company, organization or other legal entity (“Entity”), you represent and warrant that you have the legal authority to accept the Terms on behalf of such Entity and to bind it to the Terms. If you are not authorized, you may not accept the Terms nor post such Content.
2. Usage rights
2.1 By agreeing to the use of your Content by Miele, you grant Miele a worldwide, perpetual, non-exclusive, transferable, sub licensable, assignable and irrevocable right to use, publish, broadcast, transmit, reproduce, perform, re-post, edit, modify, exhibit, create derivative works, display or make otherwise available your Content, at Miele’s sole reasonable discretion, on social media channels operated by Miele. Furthermore, you grant Miele a worldwide, perpetual, non-exclusive, transferable, sub licensable, assignable and irrevocable right to use your username, name or any other personal information associated with or related to your Content at Miele’s sole reasonable discretion, on social media channels operated or licensed by Miele.
2.2 For the avoidance of doubt Miele is not obliged to use any of the granted rights to use your Content and that you are not entitled to request any use of your Content by Miele.
3. Representation and warranties
You represent and warrant that:
a) You are at least eighteen (18) years of age (or over the age of majority for your jurisdiction);
b) You are the sole owner of the Content and/or that you have obtained all necessary rights and the authority to grant Miele the aforementioned rights to use the Content as stipulated in Section 2 above;
c) the use of the Content by Miele will not violate any third party rights, among others, copyrights, patents, trademarks, trade dress and trade secrets;
d) the use of the Content will not violate any applicable law, in particular but without limitation, applicable data protection or privacy laws or any other third party rights;
e) your Content does not contain any defamatory, harassing, hateful, violent, pornographic, offensive, harmful, or inappropriate content.
4. Processing of data
In the context of the use of your Content, Miele may collect and process your personal data. For more information about the processing of your data, please see our privacy policy.
5. Property rights of Miele
By accepting these Terms, you acknowledge Miele’s exclusive property rights in their entirety. These rights include, among others, copyrights, patents, trademarks and trade secrets. In particular, you are not entitled to use any of Miele’s trademarks, copyrighted or patented works without Miele’s prior written approval.
6. Liability and Indemnification
YOU SHALL INDEMNIFY AND HOLD HARMLESS MIELE FROM AND AGAINST ALL CLAIMS, SUITS, LOSSES, DAMAGES AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH MIELE’S USE OF CONTENT YOU POSTED OR THOSE ARISING OUT OF OR IN CONNECTION WITH ANY ACTION IN ANY WAY INCONSISTENT WITH THESE TERMS.
7. Disclaimer of Warranties
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. MIELE, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. MIELE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF MIELE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Miscellaneous
8.1 These Terms are subject to the laws of the United States of America, including the Copyright Act, the Lanham Act, the America Invents Act and any other applicable U.S. State law.
8.2 You are not permitted to transfer or assign any your rights and duties potentially arising from these Terms to a third party without Miele’s prior written approval.
8.3 Miele may, at its own reasonable discretion, change and/or supplement these Terms at any time. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
8.4 In the event of invalidity or ineffectiveness of individual provisions of these Terms, the effectiveness of other provisions of these Terms remains unaffected, and shall remain in full force and effect. Any invalid or ineffective provisions shall be deemed severable.
8.5 The captions and headings are inserted merely for the reader’s convenience, and in now way define, limit, construe, or otherwise describe the scope and intent of the provisions of these Terms.