Terms for User Generated Content

These Terms describe the terms and conditions in relation to Silhouette's use of personal content you have uploaded onto a third party social media platform. The content will be collected by Silhouette via tags, mentions and hashtags from your respective social media account. Furthermore, the content will be curated on via Instagram features, tags, hashtags, mentions and direct messages.
These terms for user generated content ("UGC-Terms") intend the extensive non-exclusive license to Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz ("Silhouette") of all rights of use regarding any such content, e.g. images, videos, text, performance and / or any other 'user generated' content, and any intellectual property subsisting in those (collectively and individually and including any part(s) of those, the "Works") so provided by you as the user ("User"). These Works may also include but are not limited to your name, texts, likenesses, graphics, logos, and marks.
However, Silhouette is in no case obligated to use any of the Works and is free to remove the Works from any of Silhouette's channels at any time.

§ 1. Object of the UGC-Terms

  1. The purpose of the UGC-Terms is to grant and license your rights to the Works to Silhouette by means of a non-exclusive authorization (granting a permit to use the Works, Erteilung einer Werknutzungsbewilligung).

  2. You hereby irrevocably and unconditionally grant the non-exclusive license of all commercial and non-commercial rights of use and transferable copyrighted rights (non-exclusive and unlimited right to use the Works, nicht-exklusive und unbefristete Werknutzungsbewilligung) of the Works, and the individual extracts thereof, from you to Silhouette for an unlimited period with respect to any and all media. Within this context, Silhouette shall thus be granted all rights of use in relation to the Works which, inter alia, include the exploitation right, the right of reproduction, the right of distribution, broadcasting rights, the right to make available as well as the right to modify or edit the Works (e.g. photos or other content), without limitation.

  3. The right to use the Works and license granted to Silhouette under these UGC-Terms includes, without limitation, both the online use as well as the unlimited use for documentation and archival purposes as well as advertising and publication purposes with historical reviews / overviews (inter alia, via Silhouette's website, blog[s], newsletters, catalogs, email, Silhouette's social media channels).

  4. You grant Silhouette (i) the right to sublicense the right to use the Works to Silhouette's owners, affiliates, subsidiaries, parent companies, successors, distribution network, eyecare professionals, advertising partners and / or agencies – collectively, "Successors" – (sublicense of the right to use the Works, Übertragung der Werknutzungsbewilligung) as well as (ii) the permission to allow any third party to use the Works (Issue of a authorization to use, Erteilung einer Werknutzungsbewilligung), in each case to the extent Silhouette is entitled to use the Works in accordance with these UGC-Terms or to a lesser extent.

  5. The rights and license granted to Silhouette in these UGC-Terms also include, without limitation, the unlimited use of the Works and other content including Works on the social media channels of Silhouette or any third party in the sense of § 1 (4).

  6. Silhouette also has the right to publish the Works for both advertising and internal purposes without local or content or time restrictions.

  7. You license to Silhouette all rights to use the Works for all image and video material produced without limitation (in terms of territory, subject matter and time) and for use within the framework of Silhouette's comprehensive communications. The Works can be combined with Silhouette's image / video material. They can be graphically reworked, scaled, trimmed or provided with text or otherwise adapted.

  8. You as the author of, and / or performer in, any Work expressly waive, and agree not to assert, your right to be named or any against alteration of any Work pursuant to the Austrian Copyright Act or under equivalent foreign laws relating to moral or other non-transferable rights.

  9. You grant Silhouette the right to use (and to authorize the use of) your username and, if provided in connection with the Works, your real name, images, likenesses captions, location information or other identifying information, in connection with any use of the Works permitted under these UGC-Terms. Silhouette and its sublicensees will only use this personal information provided by you within the scope of such permission, including, in particular, for the purpose of posting the Works. You hereby agree that Silhouette may tag you in social media postings.

  10. You warrant, represent and undertake to Silhouette that you are entitled to enter into and perform these UGC-Terms and to grant the rights expressed to be granted to Silhouette under these UGC-Terms (being the sole owner/holder of the Works/rights or being legally entitled to grant any and all of those rights to the extent outlined in these UGC-Terms). Regarding any Works provided by you, you grant that no rights of third parties shall prevent Silhouette from using them. You confirm and grant that you have the right to license these copyrights (Gewährleistung der lückenlosen Rechtseinräumung).

§ 2. Consent

  1. Regarding the right to one's own image according to § 78 of the Austrian Copyright Act (or under any equivalent foreign law), you expressly agree that all Works provided to Silhouette, as well as individual extracts thereof, may be published by Silhouette or third parties in the sense of § 1 (4) in any online channels, such as electronic media including social media. Such consent shall become effective upon accepting these UGC-Terms and shall be deemed to be granted thereafter.

  2. To the same extent as set out in § 2 (1) above, you grant Silhouette that you have obtained the permission and consent according to § 78 of the Austrian Copyright Act (or under any equivalent foreign law) of each person shown in the Works for Silhouette (if any).

§ 3. Compensation

You provide the Works and the license of the right to use (and to authorize the use of) the Works to Silhouette free of charge.

§ 4. Personal Data

  1. Silhouette will use any available contact data of you (e.g. email, name) or contact option (which will only be stored for longer periods in connection with a possibly granted use of the Works) for the purpose of enquiring your readiness to support Silhouette and conclude these UGC-Terms (based on Silhouette's legitimate interests to make such general enquiries). In case you accept these UGC-Terms, Silhouette will use the Works in accordance with them and process any personal data necessarily involved for the purpose of actively promoting Silhouette products with the help and content of its community (based on Silhouette's legitimate interests to use publicly available content).

  2. Data collected are stored for the actual period of usage (in particular, Works being published on any of Silhouette's channels). Works that are not or no longer used will be erased within (1) year or – following a balancing of interest test with respect to the parties involved – stored for a (potential) future use. Under the conditions of Art 21 para 1 GDPR, you may object to any processing of your personal data based on Silhouette's legitimate interests.

  3. You shall not provide Silhouette with any personal data of third parties without the prior explicit informed consent given by the relevant data subject, of whom personal data shall be provided (or without some other duly established lawful basis of which such data subject has been duly notified). You undertake to disclose this consent (or other lawful basis) to Silhouette and any authorities at the first request.

  4. The data in question may be published on any (social media channels) of Silhouette and eventually transferred to third parties in the sense of § 1 (4).

  5. For further information please refer to points 9 (contact details of Silhouette as the controller), 4 and 8 (your rights as data subject, in particular the right to object pursuant to Art 21 para 1 GDPR) to Silhouette's Privacy Policy, available under www.silhouette.com/data-privacy.

§ 5. Miscellaneous

  1. These UGC-Terms and any related dispute or claim are subject to Austrian law with the exception of reference norms of the Austrian International Private Law. However, except for exceptional cases where the conclusion of these UGC-Terms can be attributed to your professional or commercial (entrepreneurial) activity, this choice of law only applies insofar as it does not deprive you from the the mandatory protection of the law in your state of residence which would be applicable without such choice (principle of favourability).

  2. Apart from these UGC-Terms, there are no other agreements between you and Silhouette with regard to the license of rights to use the Works.

  3. These UGC-Terms shall enter into force upon acceptance. Silhouette will provide you with a link to these UGC-Terms via email, Instagram direct message or Facebook messenger. You accept these Terms by providing Silhouette with your written consent via email, Instagram direct message or Facebook messenger, that you received and accept these UGC-Terms. Acceptance of these terms is not to be considered consenting to the processing of your personal data in this context as any and all explanations in this regard are merely of informative nature and such data processing is not based on your consent.

  4. By accepting these UGC-Terms, you confirm that you are at least 18 years old and are legally competent and able to enter into these UGC-Terms.