User Generated Content
Term of Use
Welcome to the Hmlet Pte. Ltd. User Generated Content Terms of Use
You're reading this because Hmlet has requested your permission to use your social media content. We love what you've created, and we want to to seek your permission to feature this content on our various channels - including the Hmlet website and any affiliated sites, social media pages and promotional materials.
| 1. | PERMISSION TO USE USER CONTENT | ||
| 1.1 | As part of the marketing initiatives of Hmlet Pte Ltd (“Hmlet”) for its business, we reach out to social media users to seek their permission to feature their User Content on our various web pages, social media channels and/or promotional materials. | ||
| 1.2 | For the purposes hereof, User Content shall mean the photos, text, graphics, audio, video, location information, comments and such other materials that you have uploaded on your social media platforms (collectively, the “User Content”). | ||
| 1.3 | If you agree to allow us to use your User Content, you may reply to our request with the hashtag ‘#YesHmlet’. Upon your acceptance of our request, you shall be deemed to have agreed to these User Generated Content Terms of Use (the “Terms”). | ||
| 2. | USER CONTENT LICENSE | ||
| 2.1 | You hereby grant to Hmlet and its related companies, agents, licensees, sub-licensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, unconditional, royalty-free, fully-paid, non-exclusive, transferable and sub-licensable right to use your User Content in any manner to be determined at the sole discretion of the Licensed Parties, including but not limited to web pages and social media channels operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known (collectively, the “Purposes”). | ||
| 2.2 | The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner for the Purposes. | ||
| 2.3 | You also grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content. | ||
| 2.4 | The User Content that you have uploaded on your social media platforms is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of the User Content, in whatever form, when used for the Purposes, except where required under the applicable laws and regulations. | ||
| 2.5 | The right to use the User Content will not lapse or be deemed as revoked notwithstanding: | ||
| a. | the User Content has been removed (whether by you or not) from the social media platforms which you have originally uploaded the User Content on; | ||
| b. | you have changed your username on such social media platforms; | ||
| c. | you have closed your account on such social media platforms; or | ||
| d. | you have changed the settings of your accounts on any social media platform such that it is to be limited to a restricted audience. In particular, you acknowledge and agree that the User Content may be made available to wider audience than originally intended by you. | ||
| 2.6 | Our use of your User Content shall not be deemed as any endorsement or affiliation with you. Nothing contained herein shall be construed to be or to create a partnership or joint venture with you. | ||
| 3. | PRIVACY POLICY | ||
| 3.1 | Our privacy policy, published on our website at https://www.hmlet.com/privacy-policy (“Privacy Policy”), will form part of these Terms and is deemed to be incorporated hereto by reference. Unless expressly defined hereto or the context requires otherwise, terms defined in our Privacy Policy shall have the same meaning ascribed to them hereto. | ||
| 3.2 | By agreeing to these Terms, you will be bound by our Privacy Policy and expressly agree that we may collect, store, transmit, publish and use your personal data (as defined in the Privacy Policy) in connection with the use of your User Content. You acknowledge and agree that we may update our Privacy Policy from time to time at our sole discretion and without reference/notice to you, and notwithstanding the above, the Privacy Policy shall continue to apply. | ||
| 3.3 | You agree that we may (but are not obliged to) use your personal data for the purposes of crediting or attributing credit to you for the User Content; promoting or marketing of our businesses and/or services. | ||
| 4. | REPRESENTATIONS AND WARRANTIES | ||
| 4.1 | You hereby agree and represent and warrant that: | ||
| a. | you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or may otherwise claim any rights with respect to such User Content; | ||
| b. | you are at least 18 years of age; | ||
| c. | your upload of the User Content on your social media platforms does not violate any applicable laws and regulations, including without limitation the terms or requirements of the social media platforms on which the User Content has been uploaded on; | ||
| d. | the Licensed Parties’ use of your User Content for the Purposes will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law or regulation; and | ||
| e. | the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful. | ||
| 5. | LIMITATION OF LIABILITY | ||
| 5.1 | You shall be liable for and indemnify the Licensed Parties against any and all actions, claims, demands, liabilities, losses, damages, expenses (including without limitation legal expenses), and proceedings suffered by us, which arose directly or indirectly from a breach by you of your obligations, representations or warranties under these Terms, and/or arise directly or indirectly in connection with the collection, storage, transmission, publication and use of the User Content by the Licensed Parties. | ||
| 5.2 | We shall not be liable for any direct, special, incidental, indirect or consequential damage, including without limitation any loss of profits or loss of data that results from the collection, storage, transmission, publication and use of the User Content. Your only remedy against us would be to request that we stop using your User Content in future promotional materials (and not in any other materials already created and in circulation). | ||
| 5.3 | While we make an effort to pre-screen User Content, we shall not be responsible in any manner to ensure that the User Content used by us is not harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. In particular, we wish to highlight that how User Content is collated to appear in our materials may be random due to software/programming automation, and we shall not be responsible if the combination of User Content appears to be harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. | ||
| 5.4 | You acknowledge and agree that we have no control over User Content beyond its collection, storage, transmission, publication and/or use for our materials; and we shall not be liable to you should the User Content be misappropriated for collection, storage, transmission, publication and/or use by third parties for any purpose. | ||
| 6. | ADDITIONAL TERMS | ||
| 6.1 | By agreeing to these Terms, you also will be subject to additional terms of use, agreements, guidelines or rules provided by us that are applicable to such User Content, including but not limited to those set out in our website at https://www.hmlet.com/terms-and-conditions, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules. | ||
| 7. | INTELLECTUAL PROPERTY RIGHTS | ||
| 7.1 | Our website and all of its content and all materials generated by us for the Purposes or for any other purpose in relation to our business may be protected by applicable copyrights, trademarks and other intellectual property laws, and shall remain the exclusive property of Hmlet. | ||
| 7.2 | You shall retain ownership to the User Content and all elements thereof. | ||
| 8. | MISCELLANEOUS | ||
| 8.1 | Notwithstanding anything to the contrary in these Terms, to the extent the User Content contains any personal data (as defined in the Privacy Policy), you may let us know if you would like to withdraw consent for the use and disclosure of such User Content. | ||
| 8.2 | These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent, and any action or conduct in violation of the foregoing shall be void and without effect. | ||
| 8.3 | Failure by us to exercise, and any delay, forbearance or indulgence by us in exercising any right, power remedy under these Terms (in whole or in part) shall not operate as a waiver of that right, power or remedy; nor shall it preclude the exercise of such right, power or remedy at any subsequent time or on any subsequent occasion. | ||
| 8.4 | These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. You and Hmlet shall submit to the exclusive jurisdiction of the courts of the Republic of Singapore to resolve any dispute arising under or in connection with these Terms. | ||
| 8.5 | If at any time any provision of these Terms is or becomes invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby. | ||
| 8.6 | We reserve the right to alter these Terms from time to time without reference or notice by posting the revised version on our website, and such revised version of these Terms shall continue to apply to the User Content which approvals were given prior to such revisions. You are also advised to review the Terms each time you agree to any new or subsequent request by us in relation to other User Content so identified by us as related to our businesses and which we may subsequently seek your permission to use. | ||