Social Media Terms & Conditions

 

By submitting content through any of our social media channels, you hereby agree to the following Terms & Conditions:

 

  1. USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, TESTEMONIALS, TWEETS, BLOG POSTS, LIKENESS and INTELLECTUAL PROPERTY.

1.1 You hereby grant to 5 PTE LTD., its Collaborators and third parties, and their respective successors and assigns (collectively, the “Permitted Parties”) a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties’ promotional hashtag (collectively, the “Content”) on the https://5ishere.com and other websites controlled by 5 PTE LTD, Facebook, Instagram, Twitter, other social media platforms and other websites (collectively, “Platforms”), and in other print, audio and video marketing and advertising avenues (“Advertising”).

 

1.2 You agree that the Content may be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Permitted Parties.

 

1.3 You agree that you shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content.  Furthermore, you irrevocably waive any and all so-called moral rights you may have in the Content. To the extent you provide any personal information, you agree to comply with 5 PTE LTD Privacy Policy.

 

  1. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS.

2.1 You acknowledge and agree that in order to post Content on the Platforms, you will be in compliance with the terms and conditions of such Platforms.

 

You should carefully read the privacy statements of any such Platforms.

 

  1. TAKEDOWN.

3.1 If you want your Content removed from the Platforms, 5 PTE LTD and Advertising, you will send an e-mail message to: [email protected]

 

  1. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER.

4.1 You represent and warrant: (a) You are 18 years old or older; (b) You have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behaviour; and (e) the Content does not contain any advertising or other commercial content.

 

4.2 You hereby agree to indemnify, defend and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of your warranties, representations or agreements hereunder, (b) violation of these Social Media Terms and Conditions, or (c) violation of any law(s), regulation(s) or third party rights.

 

4.3 You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

 

  1. NO WARRANTIES BY PERMITTED PARTIES; AND LIMITATION OF LIABILITY; REMEDY; FORWARD LOOKING STATEMENTS; PRESS RELEASES; TERMINATION; UPDATING SITES; LINKED SITES, ENTIRE AGREEMENT; INQUIRES.

5.1 You hereby understand and agree to provisions set forth in the Warranty and Limitation of Liability, Forward Looking Statements, Press Releases, Termination, Updating Sites, Linked Sites and Entire Agreement and Inquires sections listed under the Terms of Use & Terms of Service

 

  1. NO OBLIGATION TO USE.

6.1 You understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Platforms, 5 PTE LTD Website, or Advertising at any time for any reason in Permitted Parties’ sole discretion. You further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another’s rights, including, without limitation, privacy, publicity or intellectual property rights.

 

Last Updated: 01 August 2021

 

 

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