TERMS OF SERVICE DIE HARD FAN APP
Terms of Service for Sharing and Social Media User Consent
To post to social media you must have a Facebook, Twitter or Instagram account ("Social Account"). Your Die Hard Fan photo or video (“Submission”) may be posted on your own Social Accounts, or on the Die Hard Fan community’s Social Accounts, or other designated online platforms operated by Die Hard Fan, such as the Die Hard Fan Public Gallery. If you Tweet or Post using a mobile device or tablet, message and data rates may apply.
PHOTO AND VIDEO GUIDELINES
The Submission must meet format and size requirements for the Social Account you select and then share, Tweet or post must include the hashtag #diehardfan.
Note - these apply to all forms of sharing, whether via social media, private message, text message, email, etc.:
- The Submission must not feature any other individuals aside from the poster. In particular, any publicly shared Submission containing images of children shall be removed by the Die Hard Fan moderator;
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement
- The Submission must not disparage Nissan or any other person or party
- The Submission must not contain brand names or trademarks other than those owned by Nissan
- The Submission must not contain material that is inappropriate, indecent, obscene, illegal, hateful, tortious, defamatory, slanderous or libelous
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws, rules, or regulations in any state where Submission is created
Neither Nissan North America, Inc. nor any NCAA entity nor any other party associated with the development or marketing of the Die Hard Fan app or program, and their respective parent, subsidiary, and affiliated companies are responsible for the content (visuals, audio or both) shared by a Die Hard Fan user.
Sharing, Tweeting or posting a Submission constitutes participant’s consent to give Nissan North America, Inc. and its designees a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
SUBMISSIONS WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH YOUR SUBMISSION TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT NISSAN THE RIGHT TO DISPLAY YOUR SUBMISSION AND PERSONAL INFORMATION, DO NOT SUBMIT YOUR DIE HARD FAN PHOTO OR VIDEO TO THE DIE HARD FAN PUBLIC GALLERIES OR ANY SOCIAL ACCOUNT.
By making a Die Hard Fan Submission on any Social Account, including the Die Hard Fan Public Galleries, you agree to release and hold harmless Nissan North America, Inc. (“Nissan”) and its respective subsidiaries, affiliates, suppliers, distributors, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively the “Released Parties”), from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Die Hard Fan program or related to, in whole or in part, directly or indirectly, making a Submission in accordance with the terms herein. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly your use of or interaction with the Die Hard Fan program, Nissan’s websites or social media channels, or any related activity.
If requested by Nissan, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: a) breach of any provision of these Terms; b) Nissan’s use of your Submission in accordance with these Terms; or c) your violation of any intellectual property, privacy, or publicity right of another party. Nissan reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nissan in asserting any available defenses.
Except where prohibited, participation in the Die Hard Fan program constitutes your consent to Nissan’s and it’s agents’ use of your name, image, likeness, voice, Social Account handle, Submission content, public Social Account/Galleries posts, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.