What is this about?
Your Instagram photo got our attention - and we want to share it with the world! Therefore we plan to use the photos you posted on Instagram with the BA-related hashtag in our next campaign.
By responding to the message from our British Airways Instagram account with '#YESBA" you represent and warrant that:
What happens if I respond with #YESBA?
You grant us rights to present your Instagram photos in BA content, or more precisely: you grant BA an unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right of utilisation of the photos you post or have already posted on Instagram with a BA-related hashtag. A “BA-related hashtag” is a hashtag that consists of a BA brand, trademark or the name of a BA product or campaign.
This means by responding with #YESBA in the Instagram message BA gets an unlimited right to use the photos with the relevant hashtag as digital and non-digital content. The utilisation includes for example the use of the photos in the BA online shop, BA stores, BA newsletters, BA mobile apps, BA magazines, postings on BA social media accounts, BA internal communication, or the use on billboards, posters, as well as in stations and event driven campaigns. However BA shall have no obligation to use your photo.
What is in it for me?
Your photos will not only be visible to visitors of your Instagram feed but to all people who see our next campaign. You have the opportunity to inspire others with your travel pictures. In return you release and discharge BA from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above when you respond with #YESBA.
What if I change my mind after a while?
You can always revoke the granting of rights to BA by deleting the BA-related hashtag, the photo itself or by contacting us.
Why do I have to give British Airways representations and warranties?
Because we want to make sure that no rights are infringed with the use of your photos. Therefore by responding with #YESBA you represent and warrant that (i) you own all rights in and to your photos, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) BA’s use of your Instagram photos does not infringe the rights of any third party or violate any law. Moreover you indemnify, defend and hold BA and any person acting on BA’s behalf harmless from and against any claims, damages, liabilities, costs and in connection with use of the photos as described above.
Why is there a limitation of liability?
By responding with #YESBA to British Airways’ message on Instagram, a legally binding license agreement between you and BA is concluded and we want to minimise the legal risks for BA with the following limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTOS AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.