MECCA Social Media Content Consent Terms

1. Background

1. MECCA Brands Pty Ltd (we or Mecca) will occasionally contact users of social media (or other similar platforms) to obtain permission to use their photos, images, content, videos and audio-visual recordings (Content), to feature and be published on or via Mecca’s social media platforms, webpages, promotional emails, mobile app and other marketing, promotional and advertising materials.
2. If you allow Mecca to use the Content by replying to Mecca with the hashtag #yesMECCA, it must read and understand these Terms.

2. Acknowledgements

You acknowledge and agree that:

1. the Content was created by you or you have permission from the creator to grant the right to use the Content;
2. you have permission from all individuals featured in the Content to grant the right to use the Content;
3. you, and anyone featured in the Content, are 18 years or over;
4. the Content does not infringe the intellectual or other rights of third parties, including copyright, trade mark, patent, design, trade secret, moral, proprietary or other rights; and
5. the Content is not defamatory, fraudulent, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading or otherwise unlawful.

3. Grant of licence

1. In consideration for the mutual promises and benefits granted to you in connection with allowing us to use the Content, you hereby grant to Mecca and its related entities, agents, representatives, sub-licensees, contractors, and other affiliates a perpetual, non-exclusive, transferrable, sub-licensable, worldwide, royalty-free licence to use the Content in any manner determined in Mecca’s discretion.
2. We may use, display, reproduce, distribute, transmit, create derivative works, modify, alter, edit or otherwise use the Content in any manner in Mecca’s discretion, with no obligation to you whatsoever.
3. The Content may be posted, uploaded, broadcasted, live steamed or otherwise shared or used for marketing, promotional and advertising purposes, including in store, for promotional emails, in web and mobile applications, on our websites at www.mecca.com.au and www.meccabeauty.co.nz and via our social media channels, including Instagram, Facebook, LinkedIn, TikTok, Twitter and WeChat.
4. You consent (and will ensure anyone featured in the Content consents) to us infringing any moral rights or similar rights you (or they) may have, or may acquire in the future, in the Content.
5. Mecca is under no obligation to use the Content. If Mecca does use the Content, we may remove such Content from our social media platforms, webpages and other marketing, promotional and advertising materials for any reason at any time.
6. You understand that the Content may contain or reveal your personal information (ie identify you or be capable of identifying you) and your sensitive information (eg health conditions and religious beliefs). To the extent that the Content contains your personal information or sensitive information, you consent to our collection of that information and you grant Mecca the right to use and publish your personal or sensitive information, including your social media username, profile handle, tags (including location tags), hashtags, location information and any other identifying information in connection with use of the Content in accordance with these terms.
7. You can visit MECCA’s Privacy Policy at www.mecca.com.au/privacy-policy.html for more information about how we will use your personal information and how you can access or correct your personal information.

4. Intellectual property rights

1. You acknowledge that Mecca’s use of the Content does not grant any ownership rights to you in relation to Mecca’s intellectual property rights, including copyright, trade mark, patent, design, trade secret, moral, proprietary or other rights.
2. You are not entitled to any remuneration, royalties or other payments from Mecca or anyone else in respect of the use of the Content.

5. Liability

1. To the fullest extent permitted by law, Mecca will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Content, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed $100.
2. You indemnify Mecca from and against all claims and losses arising out of, or relating to, directly or indirectly, your breach or alleged breach of these Terms, including any third party infringement claim, your violation of any rights of another person or your violation of any laws.

6. Contact

1. Please contact Mecca if you have any questions.
2. You can reach our team at Contact Us or call 1800 007 844 (Australia) or 0800 882 443 (New Zealand).