NGC Network (India) Private Limited (“NGC”/“us”/“ we”/ “our”) reaches out to the social media users (“you”/ “your”) to seek your permission to feature your content on our official social media handles on Instagram, Facebook and Twitter available at https://www.instagram.com/natgeoindia/ , https://www.facebook.com/natgeotv.india/ and https://twitter.com/NatGeoIndia (collectively “Handles”). If you choose to share your social media content with us (“User Content”), tag us in your pictures/videos that you post on your handles/social media pages by using the hashtag #NatGeoIndia (“Hashtag”) and by tagging @natgeoindia (“Tag”) .
1. Consent to use User Content
2. Grant of rights in User Content
You hereby grant to NGC and its related companies, affiliates, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion for the purposes of posting or featuring the User Content on any of the Handles. The Licensed Parties may use, display, reproduce, distribute and/or transmit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You further acknowledge and understand that your User Content once posted by NGC, shall remain on the Handles for perpetuity unless otherwise requested by you in writing. For this purpose, you may message us via direct message on the relevant Handles.
4. Representations and warranties by you
You hereby represent, undertake and warrant as follows:
a) You are an Indian citizen residing in India;
c) You do not have a criminal conviction or an arrangement or a contract that prevents you from posting the User Content and/or prevents Licensed Parties to develop/utilize the User Content;
d) That the Instagram, Facebook and/or Twitter account through which you share the User Content is solely owned by you and is not owned and/or controlled by any third party;
f) You are the sole creator / author / owner of the User Content and that, no rights vest in any other party in respect of the User Content uploaded/ shared by you. Nothing in law, contract or otherwise restricts you from sharing the User Content or any part thereof and you are fully authorised and entitled to share the User Content;
g) All rights, including all copyrights and other intellectual property rights in respect of the User Content in its entirety vests in you and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the User Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force anywhere across the world;
h) No rights in and to the User Content have previously been granted to any third party, nor has the User Content been otherwise exploited in any way, either by you or by any third party/ (ies);
i) You have not prior to the submission of the Content approached or submitted or pitched the User Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies and /or NGC and /or Licensed Parties for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever. The User Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The User Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;
j) The details and any other information given by you in connection with the User Content is true and accurate and that Licensed Parties shall not be responsible for verifying any information submitted by you;
k) The User Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which you are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The User Content does not contain any sensitive personal data or information.
l) You undertake to ensure that the User Content:
i. is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Licensed Parties to criminal or civil claims
ii. shall not include any advertisements or solicitation of any business/es
iii. is at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly you shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the User Content) that belongs to another person and which you do not have right to;
iv. is not grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
v. does not harm minors in any way;
vi. does not infringe any patent, trademark, copyright or other proprietary rights;
vii. does not violate any privacy laws for the time being in force;
viii. does not violate any law for the time being in force;
ix. does not deceive or mislead the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
x. does not impersonates another person;
xi. does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
xii. does not threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You hereby indemnify and hold harmless the Licensed Parties against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of any warranty, representation or undertaking made by you herein; (ii) any third party claims arising out of use of the User Content by Licensed Parties; and/or (iii) any act and/or omission by you which is prejudicial to the goodwill of NGC (your wilful misconduct and/or negligent acts or omissions). In the event of any claim, you shall promptly adjust, settle, defend or otherwise dispose of such claim at your sole cost. If you are not diligently and continuously pursuing this matter, NGC may take such action on behalf of you and/or as attorney for you, to adjust, settle, defend or otherwise dispose of such claim, in which case you shall, reimburse NGC for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.
6. Dispute resolution and governing law
Subject to the above paragraph, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the court is entitled to determine under the Arbitration and Conciliation Act, 1996, including, without limitation, provision of interim reliefs under the provisions of Section 9, shall exclusively be the courts at New Delhi, India.
b) None of the above paragraphs limits any other.
f) In case of any queries in relation to the license granted hereunder, you can write to NatGeoIndia.firstname.lastname@example.org . NGC shall endeavour to reply to the same within a reasonable time.