English
Thank you for agreeing to let Porsche (Dr. Ing. h.c. F. Porsche AG, Porscheplatz 1, 70435 Stuttgart, Germany, „Porsche“) use your photo, video, post, and/or other online content [as referenced above] (the “Content”). To make sure that there are no misunderstandings between us, these Terms and Conditions shall govern the provisions of our agreement on the use of the Content (“Terms and Conditions”). By replying #YesPorsche, you grant Porsche the non-exclusive right unlimited in time and territory, to use your Content for any lawful commercial purpose including but not limited to, on any social media platform, in advertising, and in the promotion of Porsche’s products or services regardless of the media used, and Porsche may edit, change or alter your Content as it deems necessary, all without payment of any compensation to you or a third party. You also agree that you do not have any right to review or approve the finished product or advertising copy, or have any right of attribution, and you agree that you may not subsequently withdraw your permission for Porsche to use your Content. Further, you agree that Porsche’s subsidiaries, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of Porsche, or with Porsche’s permission, also has the right to use the Content as provided in these Terms and Conditions.
Porsche respects the intellectual property rights of others and does not want to use any content that violates the rights of any third party, or will be viewed as defamatory, obscene, or threatening to any other party. Therefore, by giving Porsche permission to use your Content, you represent and warrant to Porsche that (1) you are the owner of the Content you have provided, including all ideas, images, text, and intellectual property rights within the Content, including, copyrights, trademark rights, patent rights, publicity rights, and privacy rights, or if you are not the owner of such rights, you have already obtained permission from the owner of such rights and (2) have the authority to grant Porsche permission to use the Content as provided in these Terms and Conditions; (3) Porsche’s use of your Content as provided herein will not infringe on the intellectual property rights, publicity rights, or privacy rights of any third party, or require the payment of any compensation to any third party; (4) nothing in the Content you provided is likely to be considered defamatory, obscene, or threatening to any third party; and (4) you are of full age and have the right to enter into this agreement in your own name. You hereby release Porsche from any claims related to Porsche’s use of the Content as permitted herein, whether in existence today or in the future, including, without limitation, all rights, demands and/or liabilities regarding invasion of privacy, copyright infringement, violation of the rights of publicity and privacy, moral rights and/or breach of confidentiality.
Porsche shall only be liable for intentional or grossly negligent behaviour. In the event of ordinary negligence, Porsche shall only be liable for damages arising from the breach of a material contractual obligation (i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contractual partner regularly relies and may rely); however, liability shall be limited to compensation for foreseeable, typically occurring damages. The above limitations of liability shall not apply to damages resulting from injury to life, limb or health, or insofar as Porsche has fraudulently concealed a defect or assumed a guarantee or claims exist under the German Product Liability Act (Produkthaftungsgesetz).
Subject to the provisions of Art. 6 (2) Rome I Regulation, this agreement shall be governed by German law.
By replying #YesPorsche, you acknowledge and agree that you have read, understand, and agree to the above Terms and Conditions.