1. Introduction

1.1 You are reading this because Mastercard Europe Services Limited, whose registered office is at 10 Upper Bank Street, Canary Wharf, London, E14 5NP (“we”, “our”, “us”) has requested your permission to use your social media content (which may include a photograph, text, social handle or account name, information, images, graphics or video) (“Content”) on various of our sites, social channels and promotional materials and share it with others.

1.2 By replying with the hashtag #YesMastercard, you agree to these Terms of Use. Note you are also subject to the terms of use of the applicable social media channel (e.g. Facebook, Twitter, Instagram, YouTube or Snapchat) as well.

1.3 We collect and transmit your Content to our website at www.mastercard.co.uk (“Website”), social media channels including but not limited to Facebook, Twitter, Instagram, YouTube and Snapchat, promotional materials and other marketing materials and at our premises (“Locations”) and use your Content in connection with our business, including marketing, promotional, advertising and other consumer-related activities (“Activities”).

2. Content Licence

2.1 You are granting us and our related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing and public relations agencies, and other affiliates (“Licensees”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your Content in any manner to be determined in the Licensee’s sole discretion, including but not limited to on Licensees webpages and social media pages, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

2.2 You will retain all ownership of the Content (subject to the license granted herein). In the event that you wish to assign ownership of the content to a third party, you agree to only assign the content on the condition that the third party accepts a licence agreement with us and our related companies (as defined above) having the same terms as this agreement.

2.3 The Licensees may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible your Content in any manner in their sole discretion, with no obligation to you whatsoever.

2.4 The Licensees also have the right, but not the obligation (unless required by applicable copyright legislation) to use your username, and, if provided in connection with the Content, your real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of the Content.

2.5 By approving our use of your Content, you authorise the Licensees to make copies as required to facilitate the use of the Content.

2.6 By approving the use of your Content, you waive:

        (a) any right to review the use of the Content;

        (b) any right to royalties in relation to the Licensee’s use of the Content; and

        (c) any moral rights you may have in the Content to the extent permissible by law.

2.7 You hereby agree and represent and warrant that:

        (a) you own all rights in and to your Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities to grant the rights to the Licensees;

        (b) you are solely responsible for your Content;

        (c) you have full right and authority to enter into this agreement;

        (d) the Licensees’ use of your Content as described in these Terms of Use will not infringe upon the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any third party, or any law, rule or regulation; and

        (e) you are 18 years of age or over, as is everyone else appearing in the Content. If anyone in the Content is below this age, you undertake and confirm that you have obtained the express consent of the parent or legal guardian of the child.”

2.8 The Licensees reserve the right to remove any Content from any or all of the Locations in their sole discretion. If you believe any content, including your Content, residing on the Locations or displayed or used in connection with the Activities infringes any person or entity's copyright rights, please notify us.

2.9 The Licensees have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission by you in relation to the Content or otherwise, except pursuant to the Licensees respective privacy policies.

3. Your Personal Data. By approving our use of the Content, you give us the right to use your personal data which could include your name, social handle or likeness in the Content. We will only process your personal data for the purpose of this contract with you in accordance with our Privacy Policy. Please read for more information.

4. Our Intellectual Property Rights. You acknowledge and agree that you do not acquire any ownership or other rights in our proprietary information and materials authorising use of your Content or otherwise using or accessing the Locations or our Activities.

5. Indemnification. You hereby release, discharge and agree to hold the Licensees, and any person acting on their behalf, harmless from any liability related in any way to or arising from the Content, your breach (actual or alleged) of these Terms of Use, including any of your warranties, representations or agreements herein, your violation of any laws or your violation of the eights of another person or entity.

6. If you think your intellectual property rights have been infringed. If you are a rights holder and you have found use of the material for which you have not given permission, or are not covered by a limitation or exception in national law, please contact us by writing to address: privacyanddataprotection@mastercard.com we will endeavour to respond. Please include your contact details and a direct link to the material(s) which you believe to infringe upon your intellectual property rights.

7. General

7.1 These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.

7.2 We reserve the right to change these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant us permission or authorisation to use your Content.

7.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or of which we have the benefit under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

7.4 If any part of these Terms of Use becomes invalid, illegal or unenforceable in any respect under any law or for any other reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

7.5 These terms and conditions (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts.