Reading through the terms and conditions of Delta’s flash sale offering business class to Europe for just 98,000 miles roundtrip, I stumbled across something in the terms and conditions that I had forgotten about but seemed worth highlighting.
If you use the hash tag #SkyMilesLife in social media,
- Delta has the rights to use it, including any images you include
- If someone makes a claim against Delta resulting from their use of your post (eg a copyright claim over the image you used) you are on the hook for Delta’s liabilities.
This doesn’t just apply to copyright, by the way, but also to “violation of privacy or publicity rights” so if you snap a photo of a celebrity on a Delta flight, Delta uses the image and the celebrity sues them then Delta can go after you.
You are indemnifying Delta against “losses, demands, damages, rights, claims, actions and liabilities of any kind” so be careful how you tag Delta in social media!
By tagging photos using #SkyMilesLife, user grants Delta Air Lines (and those they authorize) a royalty-free, world-wide, perpetual, non-exclusive license to publicly display, distribute, reproduce and create derivative works of the submissions (“Submissions”), in whole or in part, in any media now existing or later developed, for any purpose, including, but not limited to, advertising and promotion on Delta websites, commercial products and any other Delta channels, including but not limited to #SkyMilesLife publications. Delta reserves the right to use or not use content tagged #SkyMilesLife, and user will not be entitled to compensation if photo is used.
User warrants and represents: (a) he/she is the sole and exclusive owner of the Submission, including all rights therein, and that the user has the full and exclusive right, power and authority to submit the Submission and to grant Delta the rights to the Submission, including but not limited to the worldwide copyright; (b) the Submission does not infringe on the rights of any other person, firm, corporation or entity; and (c) no rights in the Submission have been previously granted to any person, firm, corporation or other entity. Delta reserves the right in its sole discretion to remove any Submission at any time. By tagging photos using #SkyMilesLife, user agrees to indemnify and hold Delta harmless from and against any and all third-party losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to any claims of infringement or violation of privacy or publicity rights related to Delta’s use of the Submission submitted to Delta in connection with the campaign. See full terms at delta.com/skymileslife.
@ Gary — Yeah, good luck to Delta in court.
Completely unenforceable
Delta continues to make it easy to root against them
So DL legal department thinks that anyone sending a tweet gives them property and indemnity rights? Good luck with that argument in court.
Bullsh!t.
Offer, acceptance, consideration: Need all 3 for legally enforceable contract
Where’s the consideration. “Gee, this is teh awesome, I’m posting to the FaceTube and the YouBook” isn’t worth anything.
No consideration, no contract.
Gary, you’re a smart dude. I’m pretty sure you see a contract or two in your day job. You should know this.
That does it. I’m starting an international airline.
There’s already a Part 91 single -engine aircraft in my fleet.
Anyone got a few billion they would like to lose?
Yet another instance of Delta being run by a pack of weasels that couldn’t care less about the customer.
@Ex-UA Plat – I am not suggesting this adhesion contract is enforceable.
@Gary
“@Ex-UA Plat – I am not suggesting this adhesion contract is enforceable.”
Yes you are, twice: once in the click-bait title (“[…] May Make You Legally Liable to Delta”) and again at the conclusion of the article (“be careful how you tag Delta in social media!”)
If you cared about the truth, you would have done a deeper analysis and reported the facts, of which the unenforceability of this silly “contract” would be the lead.
What am I missing? Is there any compelling reason you would have to or even want to use that hashtag? Isn’t the easiest solution just to not use it? I suppose there’s a culture out there I’m not part of, but it seems like an easy problem to avoid.
1) it’s amusing that companies would include something obviously unenforceable in TCs. Normally, I’d say it’s just to scare customers, but no one reads the TCs.
2) seriously why would you ever use a company’s marketing tags on your ig posts unless the company is paying you or undertaking a contest/give-away?
Don’t quit your day job. This isn’t legally enforceable by delta. Lots of companies throw nonsense into their terms that would never be upheld by a court.
Can anyone tell me why I would ever want to include a Delta advertising tag in my social posts in the first place?
Gary,
Good catch noticing this language. The criticism of you for reporting on this is overly harsh. That said, a more accurate headline would be: “Delta Says Using their Social Media Hashtag Makes You Legally Liable.” A view from a relevant legal expert could have been useful as well.