1. These Philips Hue Content Terms of Use (“these Terms”) apply to you if you provide to Us access and use of content (including, but not limited to text-based messages, photographs, graphics, moving images, videos, sound, illustrations, graphics or any other materials, hereinafter referred to as “Content”) by:

  •  responding with the #yesHue hashtag (“Tag”); or 
  •  interacting with Us through any social network services (including, but not limited to, LinkedIn, Instagram, Facebook (including Facebook Messenger), Pinterest, YouTube, WhatsApp, Twitter and WeChat) (collectively, “SNS”). 

For purposes of these Terms, “Us” shall mean Signify Holding B.V. and any and all companies, firms and legal entities with respect to which now or hereafter Signify N.V. directly or indirectly holds 50% or more of the nominal value of the issued share capital or ownership interest and/or 50% or more of the voting power at general meetings and/or has the power to appoint a majority of directors and/or to otherwise direct their activities.

2. By responding with the Tag or interacting with Us through any SNS, you are entering into an agreement with Us governed by these Terms and:
(a) you grant to Us, our partners and third party service providers (“Associates”) a perpetual, irrevocable, royalty-free, worldwide, sublicenseable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, alter, create derivative works of, sell and/or distribute such Content and/or incorporate such Content into any form, medium, materials or technology without notice, compensation or other obligation to you;  
(b) you represent and warrant that:
    b.1. you are the author and owner of the Content and have all rights to grant the license in clause 2(a); 
    b.2. you obtained from all individuals appearing in the Content their consent to Us to use of the Content;
    b.3. the Content does not contain any confidential information; and 
    b.4. the Content, and the use by Us of the Content, does not infringe any third party's intellectual property rights or rights of privacy, or otherwise violate the rights of any third party; and 
(c) you waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of Content that you may have under any applicable law.

3. By interacting with Us through any SNS you are authorising that third-party provider to share with Us information about you and to interact with you on SNS, for example, posting status updates, responding to comments and messages, posting, ‘retweeting’ and ‘liking’ posts. Where your personal data is processed by Us, this is done in accordance with our Privacy Notice on the basis of our legitimate interest in promoting our brand and communicating with interested individuals.

4. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold Us harmless against all liabilities, costs, expenses, damages and losses (including any legal and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with any claim made against Us by a third party arising out of a breach of your representations and warranties set forth in clause 2, your violation of any law or the rights of a third party, or your submission of Content that violates these Terms.

5. You agree that you will not be paid for use by Us of your Content as described in these Terms.

6. The intellectual property rights of others are respected by Us and we will not knowingly post content of any kind that infringes the intellectual property rights of others.

7. These Terms may be updated by Us without notice. Please review these Terms from time to time to ensure that you are familiar with the most recent version.

8. These Terms shall constitute the entire agreement between Us and you relating to the subject matter hereof.  Any waiver of these Terms shall only be effective if it is in writing and signed by Us.  If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions of them, will not be affected. These Terms and their enforcement shall be governed by the laws of the country of your residence and any disputes will be referred to and finally resolved by the exclusive jurisdiction of the courts of the country of your residence, without reference to the principles of conflicts of law thereof or such principles of any other jurisdiction.