USER GENERATED CONTENT USAGE

TERMS AND CONDITIONS

LAST UPDATED: 03 MAY 2O24

By posting a photograph (Photograph) to Instagram or Twitter and replying #YesPen from your Instagram or Twitter account, you agree and confirm to The Hongkong and Shanghai Hotels, Limited and its group companies and affiliates (HSH Group, we or us):

1. that you are at least eighteen (18) years of age and the sole author of the Photograph and that the said Photograph is the original of the author, and that use of the Photograph by HSH Group does not and will not infringe the rights of image rights, intellectual property rights, rights to reputation or any other kind of right of any third party;
2. that you grant to HSH Group and its third-party service providers (Licensed Parties) who provide content management services including Social Native Inc. (Social Native), the worldwide, perpetual, royalty-free, fully-paid, non-exclusive, transferable right to use your Photograph in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its web-pages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Photograph in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Photograph. Notwithstanding the above, HSH Group reserves the right to accept, reject or remove any Photograph in part or in whole at its own discretion and shall accept no obligation of any kind towards the user. In particular, HSH Group shall not be obligated to publish any Photograph.
3. that you consent to the collection, by Social Native on behalf of HSH Group, of any personal information you provide, for HSH Group’s use and disclosure in connection with the use of your Photograph as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not post your Photograph and reply #YesPen or otherwise provide HSH Group or Social Native with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on HSH Group’s behalf. By posting your Photograph and replying #YesPen or otherwise providing HSH Group with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms of Use, HSH Group’s Data Privacy and Security Policy and applicable data protection laws and regulations. You may exercise their right to review, correct, delete and object to their own data by sending an email to privacy@peninsula.com with the subject line “Data Access Request”.
4. your acknowledgment that Social Native, being a third party service provider of HSH Group, has its own Terms of Use and Privacy Policy on Social Native's website. Social Native's business practices and privacy policy are not under the control of HSH Group and we are not responsible for their accuracy or appropriateness, nor do we make any claim to this effect. HSH Group accepts no liability of any kind for the activities directly rendered by Social Native. The user's relationship with Social Native is entirely autonomous and is independent of the present Terms of Use.
5. that you answer for, and exempt HSH Group from, any judicial or non-judicial complaint which may arise from the use of the Photograph, and which may be filed by third parties due to the unauthorized use of the Photograph or the infringement of the rights set out in section 1 above, assuming in full any liabilities which may arise from said complaints. 
6. that by accepting these terms and conditions, you exempt HSH Group from any obligation to pay you or third parties any sum for use of the Photograph and of any intellectual property or other right contained in the same in connection with the uses described above, personally assuming the said liability should this arise.
7. that you guarantee HSH Group peaceful exercise of the rights subject of the assignment and that you are able to freely grant the license described in Section 2 on the aforementioned Photograph. You also guarantee that you hold, free from any encumbrances, the rights, licences, permits and powers necessary to realize this license of rights.
8. that HSH Group has the right to change these Terms of Use at any time without notice. If any change of terms is material and you do not agree to such change, you may have a right to request us to delete your Photograph and the personal information we hold on you.