UGC Terms and Conditions
1. WHO WE ARE
Capella Hotel Group Pte Ltd ("CHG") is a hospitality managing a global portfolio of luxury hotels, resorts and residencies. For more information on CHG, please refer to our website: https://www.capellahotels.com/en/corporate/about
2. WHAT IS USER-GENERATED CONTENT
User-generated content, also known as user-created content, it is a term used to refer to any type of content created and published by unpaid contributors and the general public ("User-Generated Content"). The type of content can range from pictures, videos, testimonials, tweets, blog posts and everything in between. It can be best understood as individuals (users) promoting and talking about a brand on one’s own accord versus a brand promoting the brand itself. In our case, if you have recently visited one of our properties and captured and/or talked about us online, we thank you for your support.
3. THE PURPOSE FOR THIS PAGE
(a) Your content has been selected
CHG is seeking your permission to collect, transmit, store, publish and use the content that you have posted, uploaded, provided or otherwise made available on any website and/or social media platform that relates to our brand and/or properties, and/or destinations our properties are located in (“User-Generated Content”). Such use of the User-Generated Content, includes without limitation on storage systems, websites, social media channels, print materials and other promotional materials (regardless of form) whether owned by or created for and behalf of CHG, our related corporations and our affiliates. We thank you for considering our request.
If you agree to our request to use the User-Generated Content in accordance with the terms and conditions set out herein ("Terms"), please respond to our message by replying with the hashtag(s) "#CapellaCandids" and/or grant approval through system(s) maintained by our service provider(s) providing social curation tools, user-generated content (UGC) management systems. By agreeing to our request, you will be deemed to have accepted these Terms (as may be amended from time to time).
CHG reserves the right to alter these Terms without advance notice by posting revised Terms on our website.
If you do not agree to these Terms, please disregard this request. Thank you once again for your time.
(b) You are participating in an event held by CHG
CHG may hold events (including without limitation to competitions and promotions) (“Events”) using websites and social media platform(s) which may require you to submit content in order to participate in such Events. Each Event will have its own terms and conditions (“Event Terms”), which would additionally apply. By submitting your content and tagging such content with the relevant hashtag(s) indicated under the Event Terms, you will be deemed to have agreed to these Terms and the Event Terms.
(a) About you
By agreeing to these Terms, you are representing and warranting to us that:
- You are at least 18 years old; and
- You therefore have the legal authority and ability to agree to such Terms on your own accord.
If however you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and their agreement to take responsibility for: (i) your actions; and (ii) your acceptance and compliance with these Terms.
Like most commercial websites, Capella Singapore automatically logs all traffic to and from our website. These logs include domain information that helps us to learn about the online behavior of guests, including how often they visit the Capella Singapore website, and where on the site they go most often. This information is used to improve our website's content and navigation for guests.
(b) Collection, Storage, Transmission, Publication and/or Use
- The User-Generated Content will be used for promoting/marketing of businesses, services and/or products which are sold, distributed and/or marketed by CHG. (collectively "Purposes").
- We engage third party service providers to facilitate the collection, storage, transmission, publication and/or use of content on our websites, social media channels, print material and other promotional materials (regardless of form) (collectively "CHG Content").
- Further to the above, CHG Content is also collected, stored, transmitted, published and/or used by our business partners for the Purposes.
- Accordingly, your agreement to these Terms will be deemed as consent to the collection, storage, transmission, publication and/or use the User-Generated Content by CHG, our business partners and our service providers for the Purposes. Notwithstanding anything to the contrary in these Terms, to the extent the User-Generated Content contains any personal data (as defined under the Personal Data Protection Act 2012 (No. 26 of 2012)), you may let us know if you would like to withdraw consent for the use and disclosure of such User-Generated Content by contacting us at [email protected]
- Your consent will not lapse or be deemed as revoked notwithstanding (a) the User-Generated Content has been removed by you from the websites and/or social media platforms where you originally uploaded or posted the User-Generated Content on or otherwise removed from such websites and/or social media platforms where the User-Generated Content was hosted; (b) you have changed your username on such websites or social media platforms; (c) you have closed your account on such websites or social media platforms; or (d) you have changed the settings of your accounts on any website or social media platform such that it is to be limited to a restricted audience. In particular, you acknowledge and agree that the User-Generated Content may be made available wider audience than that which may have been originally intended by you.
(c) User-Generated Content (UGC)
- The User-Generated Content may be in the form of pictures/graphics, photographs, videos, sound recordings, comments, a combination of the above and/or any other forms derived from the above mentioned.
- You own all rights to the User-Generated Content and all elements thereof. The User-Generated Content is your own content and creation, and does not contain any characteristics or elements which infringes or violates the rights to usage and modification (including without limitation intellectual property rights, copyright, trademarks, rights of privacy, patent, trade secrets, confidentiality) of other person.
- The User-Generated Content must not contain or be accompanied by anything abusive, illegal, derogatory, defamatory, harassing, harmful, hateful, indecent, libelous, objectionable, obscene, offensive and/or threatening. User-Generated Content should also not contain or be accompanied by any content relating to, nudity or pornography.
- The User-Generated Content, the storage and/or the use of the User-Generated Content does not violate any applicable laws, rules and/or requirements (including without limitation the terms or requirements of the websites or social media platforms on which they have been uploaded/posted on or are hosted on), as well as the terms and conditions of our service provider(s) including without limitation those providing social curation tools, user-generated content (UGC) management systems.
- In the event that individuals or personal data of individuals appear in the User-Generated Content, you have obtained consent from these individuals for their likeness or personal data to be included in the User-Generated Content; the User-Generated Content to be on websites or social media platforms which you had originally uploaded/posted/hosted the User-Generated Content on; and the User-Generated Content can be collected, stored, transmitted, published and/or used by CHG, our business partners and our third-party service providers for the Purposes.
- In particular, if likeness or personal data of any minor form part of the User-Generated Content, you have obtained the consent of such child's parent/legal guardian for the minor's likeness or personal data to be included in the User-Generated Content; the User-Generated Content to be on websites or social media platforms which you had originally uploaded/posted/hosted it on; and the User-Generated Content be collected, stored, transmitted, published and/or used by CHG, our business partners and our third-party service providers for the Purposes.
- Upon agreeing to these Terms, you will not modify the User-Generated Content such that it breaches any of the Terms.
- By agreeing to these Terms, you will be granting us a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivatives work from, distribute and display the User-Generated Content (or any part of it) and its related content; and that we may include the User-Generated Content (or any part of it and its related content) into other works for any Purpose. In particular, you grant us the right, at our sole discretion and choice, to use your personal data (which may include without limitation your username, real name, image, likeness, location) in connection with our use of the User-Generated Content. We retain the right to, at our sole discretion and choice, stop or remove any User-Generated Content at any time for any reason in our CHG Content. We reserve the right to moderate the use of User-Generated Content and CHG Content.
- In the event that we, at our sole discretion and choice, choose to use your personal data, you agree that we shall not be obliged to ensure that any revised personal data (if subsequently changed) be used unless you have made a request in writing to correct your personal data that is held by us. [Any such requests should be sent to the email address set out in clause 5 below].
- Such an agreement will also be an irrevocable and unconditional waiver (i.e. agreement not to enforce) any and all rights in the User-Generated Content which you may have against us. If requested, you will also sign such documentation which we may require to protect, perfect or enforce any of the rights you have given us under these Terms.
- Our use of your User-Generated Content shall not be deemed as an endorsement or affiliation with you and your work. Nothing contained herein shall be construed to be or create a partnership or joint venture between you and CHG.
- By agreeing to these Terms, you acknowledge that you will be bound by our Policies and expressly agree that we may collect, store, transmit, publish and use your personal data. You acknowledge and agree that we may update our Policies, from time to time, at our sole discretion and without reference/notice to you; and notwithstanding the above, the Policies shall continue to apply.
- Notwithstanding the above, the User-Generated Content, your agreeing to these Terms, our request for User-Generated Content and/or participation in such event held by CHG (as the case may be) shall not be deemed to be confidential information, and CHG shall not owe you a duty to maintain secrecy about.
- Where required, we may from time to time ask for you to please provide us with your full name, contact details, email address and citizenship.
- 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-Generated Content; promoting/marketing of businesses, services and/or products which are sold, distributed and/or marketed by CHG, market studies; and inviting you to participate in any loyalty programme.
(f) Limitation of Liability
- You shall be liable for and indemnify us 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-Generated Content by us, our business partners and our service providers.
- CHG 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-Generated Content. Your only remedy against CHG would be to request that we stop using any future use of your User-Generated Content in new promotional materials (and not in any other existing CHG Content already created and in circulation). Should CHG be found liable to you for any damage or loss which is in any way connected to the User-Generated Content, our liability to you shall not exceed S$100.00.
- While we make an effort to pre-screen User-Generated Content, we shall not be responsible in any manner to ensure that User-Generated Content incorporated into CHG Content is not harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. In particular, we wish to highlight that how User-Generated Content is collated to appear in CHG Content may be random due to software/programming automation, and CHG shall not be responsible if the combination of User-Generated Content from different creators appear to be harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable.
- You acknowledge and agree that CHG has no control over User-Generated Content beyond its collection, storage, transmission, publication and/or use for CHG Content; and CHG shall not be liable to you should the User-Generated Content be misappropriated for collection, storage, transmission, publication and/or use by third parties for any purpose.
- These Terms only applies to you, the individual who created and/or are participating in any Events which therefore may not be assigned or transferred by you to another person without our prior written consent.
- You agree that we may assign our rights, and obligations under these Terms to any other person, in whole or in part, without consent from or notice to you.
- Failure by us to exercise, and any delay, forbearance or indulgence by us in exercising any right, power remedy under the Tests (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.
- These Terms are only enforceable to CHG and you, no other person shall have a right to enforce any right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or other similar laws to enforce any term of these Terms, regardless of whether such person has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
- These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. Unless otherwise provided herein, all laws referred to or applicable for any clauses in these Terms shall be the laws of the Republic of Singapore. You and CHG 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.
- 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.
- CHG reserves the right to alter these Terms, from time to time, without reference or advance notice by posting the revised version on its corporate website; and notwithstanding the above, you agree that the revised Terms shall apply to the User-Generated Content which approvals were given prior to such revisions. It is your responsibility to check and read the most up-to-date versions of these Terms and you are deemed to have notice of the same.
5. CONTACTING CAPELLA HOTEL GROUP PTE LTD
CHG respects the intellectual property of others, and we ask you to do the same. If you believe that your content has been copied in any way which constitutes intellectual property right infringement, please inform us in writing immediately and provide us with proof of such infringement.
If you have any questions or complaints regarding these Terms or any requests concerning your personal information, please contact us by email at [email protected]