‘My ZooMoo Pet and Me’ Submission Terms & Conditions
In return for ZooMoo giving You an opportunity to participate and contribute to the ‘My ZooMoo Pet and Me’ segment on ZooMoo (the “Program”) when You upload a video and related information (“Content”) to the “My ZooMoo Pet and Me” site, You authorise ZooMoo to make use of the Content, subject to the following terms (“Terms”):
- (Licence to use Content) You grant ZooMoo an irrevocable, perpetual, worldwide, royalty-free licence to copy, reproduce, broadcast, transmit, communicate, perform, exhibit, distribute, alter, edit, arrange, translate and otherwise exploit the Content and incorporate the Content in the Program and in other ZooMoo or affiliated programming (“Exploit”), in accordance with these Terms. However, ZooMoo is not obliged to use the Content or to produce or transmit the Program.
- (Intellectual property rights) Upon receiving Content from You, ZooMoo shall have the right, without payment, to Exploit the Content and any part of it in any way and in all media (including broadcast television, online and via mobile services) now known or developed in the future, in connection with the Program or with any other theatrical or television production based on the Program its characters, title or stories. Your permission extends to ZooMoo using the Content for purposes that are ancillary to the Program and ZooMoo, including in connection with manufacture and sale of toys, merchandising, games, studio tours, theme parks, attractions, trailers, promotional films and in advertisements for any or all of these activities. You also grant ZooMoo the right to issue, and authorise others to issue the Content and Your name, likeness and biographical data in publicity for or in connection with ZooMoo and the Program.
- (Moral rights) To the extent permitted by law, You consent to ZooMoo and any other person authorised by it in accordance with these Terms, anywhere in the world: (a) using, disclosing, editing, distorting, copying, producing, amending, adapting, publishing, performing, exhibiting, communicating or transmitting any of the Content or any adaptation of the Content, or engaging in any other act or omission in relation to the Content as ZooMoo deems fit in connection with the Program and its Exploitation under the Terms; and (b) performing any of the acts referred to in subparagraph (a), without identifying You or attributing the Content to You.
- (Indemnity) You agree to indemnify and at all times to keep ZooMoo indemnified from and against all actions, proceedings, costs (including reasonable legal costs), claims, damages and losses whatsoever suffered or incurred by ZooMoo and its Partners as a result of Your breach or non-performance under these Terms.
- (Assignment) ZooMoo may assign and/or license the benefit of the consents You are granting under these Terms to third parties with whom ZooMoo is working in connection with the Exploitation of the Content, the Program and / or ZooMoo (“ZM Partners”) (wholly or in part), without Your consent. You cannot assign or otherwise transfer Your rights under these Terms to any other person and no other person is entitled to benefit from them.
- (Liability) You acknowledge that damages are an adequate remedy for any breach of the Terms by ZooMoo and that You do not have the right to terminate or rescind the consents You have granted under the Terms or to seek or obtain, for any reason whatsoever, an injunction or any other form of equitable relief with respect to and/or against ZooMoo or ZM Partners or their respective parents, subsidiaries, affiliates, successors or assigns. Your sole remedy will be an action at law for damages (if any).
- (Warranty) You warrant that (a) you have the full power, capacity and authority to agree to the Terms and to grant the rights herein granted and that Your agreement to the Terms do not in any way conflict with any existing commitment You may have; (b) the Content and all material contained in the Content is original and owned by You and does not contain any third party material; (c) You have obtained all necessary clearances and permissions from all people appearing in the Content to enable ZooMoo to fully exploit the rights granted to it under these Terms; and (d) neither ZooMoo’s use of the Content pursuant to the Terms nor anything contained in the Content is defamatory or infringes upon the rights (including confidentiality and privacy rights) of any third parties.
- (Governing law) These Terms are governed by and construed in accordance with the laws of Singapore.