Phillips 66 Company Social Media User Generated Content Use Terms and Conditions

  1. These Terms are an agreement between Phillips 66 Company (“Phillips 66,” “we,” “us,” or “our”) and the individual or other person or entity submitting Content (“Submitter,” “you,” or “your”). If you accept these Terms for or on behalf of a person or entity other than yourself, you represent and warrant that you have authority to bind that person or entity. By permitting Phillips 66 or a person acting on its behalf to use Content—by affirmatively answering a request from Phillips 66 or a person acting on its behalf on social media or otherwise indicating your agreement for Phillips 66 to use your Content—you accept and agree to be bound by these Terms. The individual accepting these Terms must be at least 18 years old and legally able to enter these Terms. Please read and ensure you agree before proceeding.

  2. In these Terms, “Content” refers to the photo and/or video, including any sound, and accompanying text posted through your account on social media; accompanying metadata, such as time and place of creation; your username and links to your social-media profile; and any other material you submit or provide to Phillips 66 in connection with the foregoing.

  3. You retain ownership of the Content. Subject to these Terms, you grant Phillips 66 a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, promote, advertise, market, and otherwise exploit the Content, in whole or in part, in any media or format now known or later developed, for any lawful purpose, including on Phillips 66’s social-media accounts, websites, blogs, digital displays, advertising, and in the promotion of Phillips 66’s products or services. Phillips 66 may exercise these rights directly or through its service providers, licensees, successors, and assigns.


    NAME, LIKENESS, AND ATTRIBUTION

  4. You grant Phillips 66 the right to use your name, username, image, likeness, voice, biographical information, and other identifying attributes included in or provided with the Content in connection with the rights granted in these Terms, without further approval or compensation. Phillips 66 may choose whether and how to identify or attribute you and may use the Content without attribution.

  5. The license granted to Phillips 66 is non-exclusive. Except for the rights granted under these Terms, you retain all rights to use the Content for your own purposes. Use is at Phillips 66’s discretion, and Phillips 66 is not obliged to use your Content in any way or at all. Phillips 66 will not pay you or any third party any royalty, fee, or other compensation for use of the Content, unless separately agreed in writing.

  6. You have no right to review, approve, or object to Phillips 66’s use of the Content or any advertising copy, or to require that you be identified as the author or creator of the Content. To the extent permitted by applicable law, you waive any moral rights and similar rights in the Content and consent to modifications, adaptations, translations, and derivative works made under these Terms.

  7. By agreeing to these Terms, you represent and warrant to Phillips 66 that:
    1. you own the Content and all intellectual property rights in it, or you have obtained all rights, licenses, permissions, releases, and consents necessary to grant Phillips 66 the rights set out in these Terms and to permit the uses described here, including all necessary permissions and releases from each identifiable person and each owner or rights holder whose name, image, likeness, voice, performance, personal data, property, or other material appears in the Content;
    2. the submission of the Content and Phillips 66’s use of the Content as provided in these Terms will not infringe, misappropriate, or violate any intellectual property, privacy, data protection, image, performance, publicity, confidentiality, or other right of any person or entity, require payment to any third party, or breach any applicable law;
    3. the Content, your submission of it, and its permitted use will not be illegal, defamatory, obscene, pornographic, abusive, hateful, discriminatory, harassing, threatening, deceptive, or fraudulent, and do not promote violence or illegal activity;
    4. the Content does not contain or disclose any confidential, proprietary, trade secret, or other non-public information of any person or entity, and your submission and licensing of the Content do not breach any duty of confidentiality; and
    5. the individual accepting these Terms is at least 18 years old and legally able to agree to these Terms and, if the Content is submitted for or on behalf of another person or entity, has authority to bind that person or entity.

  8. PROHIBITED CONTENT; MODERATION AND REMOVAL. You must not submit Content that violates these Terms or applicable law, infringes or misappropriates any rights, contains confidential or personal information without authorization, is illegal, defamatory, obscene, pornographic, abusive, hateful, discriminatory, harassing, threatening, deceptive, or fraudulent, promotes violence or illegal activity, contains malware, unsolicited advertising, or solicitations, or violates the rules of the social-media platform through which it is submitted.

    Phillips 66 may, but is not obligated to review, moderate, refuse, remove, disable access to, or stop using any Content, in whole or in part, at any time and for any reason or no reason, with or without notice. Phillips 66 is not responsible for monitoring Content or for any failure to remove Content.

  9. INDEMNIFICATION. You will defend, indemnify, and hold harmless Phillips 66 and its officers, directors, employees, agents, licensees, successors, and assigns from and against any third-party claims, actions, losses, damages, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to (a) the Content or Phillips 66’s exercise of the rights granted in these Terms; (b) your breach of these Terms; or (c) your violation of any applicable law or third-party right.

  10. RELEASE AND WAIVER. To the maximum extent permitted by applicable law, you release and waive claims against Phillips 66 and its officers, directors, employees, agents, licensees, successors, and assigns arising out of Phillips 66’s authorized exercise of the rights granted in these Terms, including claims based on privacy, publicity, moral rights, attribution, or lack of approval. This release and waiver do not apply to liability that cannot lawfully be released or waived.

  11. PRIVACY AND DATA HANDLING. The Content may contain information about you or identifiable individuals that constitutes personal data or personal information under applicable laws.

    By agreeing to these Terms, you authorize Phillips 66 to process personal data or personal information included in the Content or otherwise provided to Phillips 66 in connection with its use of the Content, for the purposes described in these Terms and subject to applicable data protection laws and Phillips 66’s applicable privacy policy located at: https://www.phillips66.com/privacy-statement/.

    Where personal data or personal information relating to another person appears in the Content, you represent and warrant that you have provided any required notices and obtained all consents or other lawful permissions required for the collection, submission, use, disclosure, and processing described in these Terms.

    The processing of personal data or personal information included in the Content or otherwise provided to Phillips 66 in connection with its use is subject to applicable data protection laws and the Phillips 66 privacy policy referenced above.

  12. DISCLAIMERS. To the maximum extent permitted by applicable law, Phillips 66 disclaims all express, implied, statutory, and other warranties regarding the Content and its use, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Phillips 66 does not warrant that the Content will be used, displayed, available, unchanged, or free from error.

  13. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, Phillips 66 will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to these Terms, the Content, or its use, even if advised of the possibility of those damages. Phillips 66’s total aggregate liability arising out of or relating to these Terms will not exceed $100.00 USD. Nothing in these Terms limits liability that cannot lawfully be limited.

  14. GOVERNING LAW AND VENUE. These Terms and any dispute arising out of or relating to them will be governed by the laws of Texas, without regard to its conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue residing solely in the United States District Court for the Southern District of Texas or a similar Texas state court within Harris County.