TERMS AND CONDITIONS

About these Terms and Conditions

These terms and conditions (“UGC Terms”) apply to any text, pictures, images, graphics, audio, video, data, information or any other ‘user-generated content’ (“Content”) that you upload, post or share using third-party websites or platforms including but not limited to Instagram, Facebook, Twitter and Wechat (“Social Media”) and which we use or intend to use on our websites, social media sites, blogs, newsletters, emails, any other digital properties or any other marketing channels or initiatives (“LHG Media”). From time to time, we engage third-party service provider(s) who provide content management services in relation thereof. For further information please also read our << Privacy Policy >> and <<the policy of our Service Provider>>.

“Langham”, “we”, “us”, “ourselves” and “our Group” refers to Langham Hotels International Limited and its affiliates directly involved in the group’s management and operations of properties around the world, including hotels, residences, outlets, local management entities and sales offices in the following jurisdictions: Australia, Hong Kong Special Administrative Region, Indonesia, Mainland China, Middle East, New Zealand, Singapore, Thailand, United Kingdom, and United States of America.

Our Use of the Content

WHAT IS THIS ABOUT?

Your Content posted on Social Media got our attention (“Selected Content”) - and we want to share your style and vibe with the world! Therefore we plan to use your Selected Content and make it visible to all of our guests, friends and fans on LHG Media too.

BY RESPONDING TO THE MESSAGE FROM OUR SOCIAL MEDIA ACCOUNT(S) WITH “#YesLangham” YOU REPRESENT AND WARRANT THAT:

• you are eighteen (18) years of age or older,
• you own all rights in and to your Selected Content,
• you have permission from any person(s) appearing in your photos to grant the rights herein,
• your Selected Content does not contain any offensive, unlawful or obscene material, is free from viruses and other malware,
• the use of your Selected Content on LHG Media does not infringe the rights of any third party or violate any law, and
• that you have read and that you agree to our UGC Terms.

WHAT HAPPENS IF I RESPOND WITH #YesLangham?

You grant us rights to present your Selected Content on LHG Media, or more precisely: you grant us an unlimited, non-exclusive, royalty-free, assignable, sublicenseable, perpetual, worldwide licence and right of utilization of the Selected Content when you respond with #YesLangham (“Licence”).

The nonexclusive nature of the Licence to your Selected Content that you grant to us means that you may continue to use the Selected Content for your own purposes and let others use your Selected Content. The royalty-free nature of such Licence means that we do not owe you any compensation or fees in connection with our use of your Selected Content or in connection with any revenue or business advantage that we might enjoy as a result of such use. The Licence provides us with the right to utilize your Selected Content anywhere in the world. The perpetual nature of the License means that it does not expire.

By responding with #YesLangham, you grant us an unlimited right to use the photos with the relevant hashtag as digital and non-digital content; and you give us your permission that we may redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your Selected Content or any part of it. You accept that we may choose not to use your Selected Content or to remove your Selected Content from any LHG Media at any time.

WHAT’S IN IT FOR ME?

Your Selected Content will not only be visible to visitors of your Social Media but to our other guests, friends and fans all around the world. You have the opportunity to inspire others with or to share your creativity, celebration ideas, refreshing outlook, fun moments and a lot more. In return, you agree to and shall comply with our UGC Terms.

WHAT IF I CHANGE MY MIND AFTER A WHILE?

You can always revoke the granting of Licence to the Selected Content to us by deleting the Selected Content itself or by just sending us your request to our email ugc@langhamhotels.com. However, you acknowledge that we may not be able to eliminate uses of your Selected Content that have already been produced or distributed.

WHY DO I HAVE TO GIVE YOU REPRESENTATIONS AND WARRANTIES?

Because we want to make sure that no rights are infringed with the use of your Selected Content. You acknowledge that we have reasonably relied on the above representations and warranties and that you shall be responsible for and will indemnify and hold us harmless against any claims and liabilities that may result from the inaccuracy of these representations and warranties or from the Selected Content.

WHY IS THERE A LIMITATION OF LIABILITY?

By responding with #YesLangham to our message from our Social Media account(s) to you, a legally binding licence agreement between you and us is concluded and we want to minimize the legal risks for us with the following limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE SELECTED CONTENT AS DESCRIBED ABOVE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHAT ELSE SHOULD I KNOW?

This UGC Terms is in accordance with the relevant laws of the Hong Kong Special Administrative Region but may be applied to personal information processing activities globally. The processing activities may be more limited in some jurisdictions due to the restrictions of their laws. For example, the laws of a particular country may limit the types of personal information we can collect or the manner in which we process that personal information. In those instances, we may adjust our internal policies and/or practices to adapt to the requirements of local law.

This UGC Terms is effective from 4^th August, 2021. From time to time, we may have to update, change, modify or amend this UGC Terms.

This UGC Terms is written in the English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of this UGC Terms, the English version shall prevail.