This User-Generated Content Terms and Conditions (this “UGC T&C”) is by and between Trip.Com Travel Singapore Pte. Ltd (“Trip.com”, “we”, “our”, or “us”) and you or the organization you represent (“you”, “your” or “user”).
Trip.com connects to social media content creators to seek their permission to feature our favorite content across Trip.com social media channels, website (www.trip.com), and various promotional materials. You are reading this right now because we have requested additional right to share your social media contents in this way.
By responding with the hashtag #tripcomstories to our message, you give us a permission to allow Trip.com to use your social media content, including without limitation photos, text, graphics, audio, video, location information, comments and other materials from social media sites (“User Content”). Your response will indicate that you agree to the terms and conditions set forth below:
GRANT OF RIGHTS
You hereby grant Trip.com a non-exclusive, irrevocable, worldwide, royalty-free, perpetual, sub-licensable and transferable license to use, modify, translate, reproduce, distribute, adapt, and create derivative works from your User Content, and publicly display in any media formats and platforms, including without limitation the use of your User Content to promote our services, products and websites, display your User Content on our social media channels such as Facebook, Instagram, Twitter, and Pinterest, and integrate your User Content to our promotional materials. You also give us the right to use your username, story, image, video, caption, location, or other identifying information that have a connection with any use of your User Content.
You also grant us the right to take legal action against any infringement of your or our rights in the User Content.
You agree and acknowledge that Trip.com may choose to provide attribution of your User Content at our discretion.
To the extent possible, you expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your User Content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Content by us.
You acknowledge that Trip.com might not use your content and has no obligation to inform you if we use it, how we use it, or if we stop using it.
We claim no ownership, affiliation with, or endorsement of any User Content licensed to us.
We reserve the right to remove without notice any of your User Content from our website, social media channels, and promotional materials for any reason and at any time.
YOUR WARRANTS
You hereby represent and warrant that:-
- You are over the age of 18 years old or legally considered an adult in the Country where you reside;
- You obtained appropriate authority to agree to this UGC T&C;
- You have and will maintain all of the necessary rights, licenses, consents or permissions in all User Content you have licensed to us and all information such User Content may contain, in order for Trip.com and its affiliated companies to use or to exercise the rights granted herein;;
- Your User Content is originally created by you, and does not infringe the copyright, trademark, or other intellectual property of any third party;
- Your User Content is family-friendly, accurate and not misleading;
- Your User Content is non-confidential and non-proprietary;
- Your User Content shall Comply with the law applicable in any country from which it is posted;
- Your User Content is not abusive, harassing, indecent, pornographic, hateful, offensive, violent, defamatory, promoting discrimination, threatening, invading others’ privacy, impersonating any person or is likely to deceive any person;
- Your User Content does not violate any applicable minor protection laws and regulations;
- Your User Content does not contain any statement or information which is likely to be understood by the public as a direct or indirect encouragement or other inducement to the committing, preparation or instigation of acts of terrorism;
- Your User Content does not endanger national security or leak state secrets;
- Your User Content does not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of e.g. only) copyright infringement or computer misuse;
- Your User Content does not contain any advertising or promote any services/web links to other sites, include any trademarks, logos, brand names, advertising, sponsorship, images of celebrities or other recognizable people, promotional material, or any other content intended for commercial purposes, which are owned by any third party, other than you or Trip.com;
- Your and our using and posting or other transmission of the User Content does not violate any applicable laws and regulations and will not violate any rights of or cause injury to any other person or entity.
You further affirm and guarantee that:-
- You release, discharge and agree to protect, hold and defend Trip.com, as well as its affiliated companies, harmless from and against any liability related in any way or arising out of their use of your User Content.
- You will indemnify Trip.com and its affiliated companies for any loss, claim, suits, and proceedings arising out of or in connection with your violation of this UGC T&C.
NOTICE AND TAKE-DOWN POLICY FOR ILLEGAL CONTENT
If you, as the copyright owner, believe in good faith that User Content hosted by us infringe your copyright, you (or your agent) may contact us immediately by following our Notice and Takedown Policy.
Please note that the making of any false statements in your notice may constitute an offence under any applicable laws, and may expose you to liability for damages.
Once this procedure has been followed and your complaints are properly substantiated, we will make all reasonable efforts to remove the illegal content within a reasonable time.
INTELLECTUAL PROPERTY RIGHTS
We own all rights in or are licensed to use the name, logo, trademarks, domain names or any other intellectual properties associated with “Trip.com”, “Trip.com Group”, designed mark of “Trip.”, “Ctrip”, “Ctrip.com”, “Xie cheng” and the Chinese character of “携程”. You are acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Trip.com by authorizing use of your User Content.
MISCELLANEOUS
Additional Terms: To the extent your User Content is displayed on our website, you also will be subject to additional terms of use, rules or policies provided or posted by Trip.com (including without limitation Trip.com’s Terms & Conditions, Community Rules, Notice and Takedown Policy, etc. which can be found on www.trip.com) (the “Trip.com Terms”), and you hereby agree to be bound by such Trip.com Terms.
Non-transferrable: This UGC T&C is personal to you and may not be assigned or transferred by you for any reason whatsoever without Trip.com's prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.
Waiver: You agree that if Trip.com's does not exercise or enforce any legal right or remedy which is contained in this UGC T&C (or which Trip.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of Trip.com's rights and that those rights or remedies will still be available to Trip.com.
Severable: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this UGC T&C is invalid, then that provision will be removed without affecting the rest of the UGC T&C. The remaining provisions of this UGC T&C will continue to be valid and enforceable.
Governing Law: This UGC T&C is governed by the laws of Singapore. You hereby consent to the exclusive jurisdiction and venue of courts in Singapore, in all disputes arising out of or relating to this UGC T&C.
We reserve the right to amend, revise and update this UGC T&C from time to time. It is your responsibility to check the most updated version when you agree to grant the license to us.
If you have any question or complaints regarding of this UGC T&C, please contact us by email at socmed_hq@trip.com.