Banyan Group Terms & Conditions

By agreeing to these terms and conditions (“T&Cs”), the creator (“Creator”) agrees to assign the rights to the Content it has created or will create to Banyan Tree Hotels & Resorts Pte. Ltd. (“Banyan Tree”), a limited liability company incorporated in Singapore.

Definitions.

“Banyan Group” means Banyan Tree and/or its related corporations, as defined in the Companies Act 1967 (2020 Rev. Ed.).

“Content” means the content created by the Creator, posted on social media platforms (included but not limited to Instagram, Snapchat, TikTok, Twitter, Facebook) and selected by Banyan Group through TINT for use for commercial, promotional, and/or advertising purposes.

“Intellectual Property Rights” means all copyrights, patent rights, design rights, trade mark rights, layout-design rights, rights in proprietary information, and all other industrial and intellectual property rights (whether registered or unregistered) in the Content, and all applications for the same, whether presently existing or created in the future, in all countries of the world, including all proprietary rights to reproduce, represent and adapt the Content, for any use, and in particular for commercial and/or promotional and/or advertising purposes. Such rights include: The right of reproduction, that is, the right to reproduce the Content by any technical means, on any equipment, in any size and on any media, without any limitation on quantity; The right of representation, that is, the right to publicly communicate the Content on any media, whether tangible or intangible, and by any technical means, to any audience, without any limitation on the number of representations; The right to create derivative works from the Content; and The right to adapt, that is, the right to apply any modifications required by technical, commercial or marketing constraints to the Content.

Assignment of Creator’s rights.

The Creator agrees to transfer all Intellectual Property Rights in the Content to Banyan Tree, with the possibility for Banyan Tree to transfer the Intellectual Property Rights to any other entity, including one within the Banyan Group. The Intellectual Property Rights may be exploited and/or used by the Banyan Group on various platforms including without limitation all websites, social media platforms (Facebook, Twitter, Instagram, Snapchat, etc.), video sharing sites (YouTube, Dailymotion, etc.), video and music streaming sites (Deezer, Spotify, etc.), mobile applications, podcasts, blogs, vlogs, including any type of media purchase such as advertising banners (including pop-ups, gifs, and any other format), pre-roll, VOD and keywords, in any format such as video, jpeg, png and gif.

The Creator agrees, if requested by Banyan Tree, to join with an entity within the Banyan Group in any application to enter or record such entity as the registered owner of any of the Intellectual Property Rights in any territory. The Creator shall not at any time do or suffer to be done any act or thing which will in any way impair, challenge, or otherwise jeopardize the rights and title of the Banyan Group in and to the Intellectual Property Rights, and undertakes not to make any representation or do or permit to be done any act which may be taken to indicate that the Creator has any right, title, or interest in or to the ownership of the Intellectual Property Rights. The Creator shall render the Banyan Group all reasonable assistance to enable the Banyan Group to obtain registration in any territory of any of the Intellectual Property Rights. The Creator shall, at the request of Banyan Tree, execute all documents and do all things necessary for the purpose of effecting, completing, enforcing, perfecting, registering, and/or recording these T&Cs or any part thereof in any jurisdiction of the world. The Creator hereby waives the right to be identified as creator of the Content.

The Creator shall promptly notify Banyan Tree of any and all circumstances coming to the attention of the Creator which may constitute an actual, threatened, or suspected infringement of any of the Intellectual Property Rights or any passing off by any unauthorized person of any of the Intellectual Property Rights, and any claim by any third party that the exploitation and/or use of any of the Intellectual Property Rights infringes any rights of any other person. The Creator shall take such reasonable action in connection with any actual, threatened, or suspected infringement or claim by any third party as the Banyan Group may direct. The Creator shall not make any comment, take any action, admit any liability, or compromise or settle any claim in relation to any of the Intellectual Property Rights, without the prior written consent of Banyan Tree.

Assignment of the Creator’s image rights.

The Creator grants Banyan Tree (with the possibility for Banyan Tree to transfer to any other entity, including one within the Banyan Group) a royalty-free, perpetual, non-exclusive and irrevocable licence to reproduce and disseminate his/her/their image, including his/her/their images, appearance, surname and first name, social media name(s) and role(s) (“Image”) for advertising and communication purposes subject to the conditions set out below.

The rights mentioned above may be assigned for exploitation and use by the Banyan Group on social media platforms such as Facebook, Twitter, Instagram, Snapchat, etc., on video sharing sites such as YouTube, Dailymotion, etc., on video and music streaming sites as such Deezer, Spotify, etc., on mobile applications, podcasts, blogs, vlogs, including any type of media purchase such as advertising banners (including pop-ups, gifs, and any other format), pre-roll, VOD and keywords, in any format such as video, jpeg, png and gif.

Commercial use.

The Creator authorizes the Banyan Group to reproduce and distribute, free of charge, the Content and Image on all digital platforms as part of Banyan Group’s communication activities in the context of professional advertising and in the context of public relations activities, including but not limited to the Banyan Group’s websites (including pages on social media or video-sharing sites).

Warranties and Representations.

The Creator represents and warrants: that it is legally capable of agreeing to these T&Cs, and if not, that a legal guardian or parent authorizes the same by notifying Banyan Tree prior to the use of the Content; that it has the necessary power and authority to grant and give Banyan Tree, all the rights, representations and warranties set forth in these T&Cs; that all of the Content are original works that do not infringe any copyright or any personality rights (such as image rights), and are not the subject of any third-party claims, including on the basis of copyright, trade marks and civil liability (parasitism and unfair competition).

The Creator acknowledges and agrees that no royalties or payment is due in connection with the rights granted under these T&Cs or for any past, present or future exploitation or use thereof by the Banyan Group.

Indemnity.

The Creator undertakes to fully indemnify and keep full indemnified the Banyan Group from all claims, demands, costs (including costs on an indemnity basis), losses, damages, and other relief arising from the Creator’s breach of any of these T&Cs.

Disputes.

Any disputes arising out of these T&Cs shall be governed by and construed in accordance with Singapore law. The parties hereby submit to the non-exclusive jurisdiction of the Singapore courts.