USER GENERATED CONTENT USAGE

TERMS AND CONDITIONS

LAST UPDATED: 11 MAY 2O26

By posting a photograph, video or reel (collectively, the “Content”) to Instagram, Facebook or Twitter (each, a “Social Media Platform”) and replying #YesPen from your Social Media Platform account, you agree and confirm to The Hongkong and Shanghai Hotels, Limited and its group companies and affiliates (“HSH Group, we, us or our”):

1. that you are at least eighteen (18) years of age and the sole author of the Content and that the said Content is the original of the author, and that use of the Content 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 the worldwide, perpetual, royalty-free, fully-paid, non-exclusive, transferable right to use your Content in any manner to be determined in our sole discretion, including but not limited to on its web-pages, social media pages operated by us, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant us the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Content. Notwithstanding the above, HSH Group reserves the right to accept, reject or remove any Content 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 Content.
   
   
3. that you consent to the collection by  HSH Group, of any personal information you provide, for HSH Group’s use and disclosure in connection with the use of your Content 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 Content and reply #YesPen or otherwise provide HSH Group 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 Content 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 these terms and conditions, 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 [email protected] with the subject line “Data Access Request”.
   
   
4. that you answer for, and exempt HSH Group from, any judicial or non-judicial complaint which may arise from the use of the Content and which may be filed by third parties due to the unauthorized use of the Content or the infringement of the rights set out in section 1 above, assuming in full any liabilities which may arise from said complaints.
   
   
5. 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 Content 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.
   
   
6. 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 Content. You also guarantee that you hold, free from any encumbrances, the rights, licences, permits and powers necessary to realize this license of rights.
   
   
7. that HSH Group has the right to change these terms and conditions 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 Content and the personal information we hold on you.