User Generated Content
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TERMS OF USE
Forest MD Hashtags: @forestmd, #forestmd, @forestmdsg, #forestmdsg, @forestmd_sg, #forestmd_sg, @forestmd.inc, #forestmd.inc, #forestmdskincare, @unearthyourconfidence, #unearthyourconfidence,, or other hashtags used by Forest MD to collect content from time to time (“Forest MD Related Hashtag(s)”).
Forest MD, Forest MD Inc Pte. Ltd., and their respective affiliates and/or related entities (collectively “Forest MD”, “us”, “we” “our”) will seek your permission to use photos, videos and other digital materials posted on any social media platforms, content and/or personal data (“User Generated Content” or “UGC”) on any of our website(s), mobile application(s), and/or social media pages and other digital properties operated by Forest MD (“Forest MD Platform(s)”) in the manner set out below.
Please read and review these Terms, and our Privacy Policy prior to posting any content. By posting content using a Forest MD Related Hashtag, you will thereby automatically be deemed to agree to Forest MD’s use of the User Generated Content. Forest MD reserves the right to change, alter or amend these Terms or the Privacy Policy at any time and from time to time without prior notice.
When you mention and/or tag a Forest MD Related Hashtag (a “Forest MD Mentions”), or use a hashtag containing forest.md or another name, mark or trademark relating to Forest MD, including but not limited to, the Forest.MD Related Hashtag in your UCG, you:
(a) agree to these UGC Terms of Use (“Terms”);
(b) grant Forest MD the unlimited, non-exclusive, worldwide, royalty-free, assignable, sub-licensable, perpetual, transferable right to reproduce, alter, edit, reformat, publish, broadcast, transmit, distribute, create derivative works of, combine with other materials, and otherwise use your UGC together with your social media handle, social media user name, profile picture, caption, location information and any other information that is associated with your UGC that you have tagged with any of the Forest MD Related Hashtag(s) and/or a Forest MD Mention(s) in any media, including but not limited to, on Forest MD Platforms, retailer sites, third party sites and in any location used by Forest MD in connection with its customer-related activities including but not limited to marketing and/or advertising purpose (“Forest MD Services”);
(c) grant Forest MD the right to use your username, social medial handle, real name, image, likeness and/or any other identifying information in connection with any use of your UGC at Forest MD’s sole and absolute discretion;
(d) acknowledge that Forest MD has no obligation to use your UGC; and
(e) acknowledge that your personal data will be collected, used, shared or otherwise processed in accordance with the terms of Forest MD’s Privacy Policy which is incorporated into these Terms by reference for all purposes.
Permitted Use of User Generated Content: Forest MD uses third-party providers to facilitate the collection and uploading of UGC to Forest MD Platforms that you have tagged with Forest MD Related Hashtag(s) and/or a Forest MD Mention(s). Forest MD may use other third-party providers in connection with providing Forest MD Service.
You confirm and agree that:
(1) that you are at least 18 years of age and are legally permitted to provide consent for the UGC;
(2) you are responsible for any UGC that you submit, upload, post or otherwise provide or make available to Forest MD or its affiliated entities;
(3) you own (or control) all rights in, and to, your UGC. In the instance your UGC includes elements belonging to a third-party or any other person(s) appearing in the UGC, you warrant that you have obtained all the necessary consents from the relevant third party and certify that your UGC and Forest MD’s use of it will not infringe, misappropriate and/or violate the rights of any third parties, including, but not limited to, patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights, confidentiality and any other intellectual property or proprietary rights;
(4) your UGC does not contain any false or misleading representations or endorsements, nor does your UGC contain any offensive, unlawful or obscene material;
(5) these Terms and the rights granted within the Terms do not conflict with, or breach any other agreement or obligation you have regarding your UGC or Forest MD use of your UGC;
(6) your UGC may be the subject of viral marketing with, or without, credit to you, and Forest MD will not be liable for any claim or action in this regard;
(7) Forest MD will not pay you for the use of your UGC and/or for any intellectual property rights connected with your UGC;
(8) you will not hold Forest MD, or any person acting on Forest MD’s behalf, responsible or liable for any claims or demands in connection with the use of your UGC;
(9) you agree that if Forest MD uses your UGC, you will have no right of approval before the use of your UGC; you and all other person(s) appearing in your UGC are not under 18 years of age; and
(10) you further represent and warrant that your UGC complies with all applicable laws, rules and regulations, and any third party agreements to which you are subject.
You acknowledge that Forest MD has reasonably relied on the above representations made in relation to your UGC and that you shall be responsible for and will indemnify and hold Forest MD harmless against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your UGC. Forest MD shall not be responsible or liable for the use of your UGC. To the fullest extent permitted by law, Forest MD disclaims all warranties, express or implied, in relation to this arrangement and does not make any warranties or representations regarding the use of your UGC with regard to their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Forest MD reserves the right to change, alter or amend any and all UGC at any time without notice.
Personal Data
Your User Generated Content may contain personal data, including but not limited to, your photo, image or likeness, social media username, social media handle, location details, content and link to your original post. When you mention and/or tag a Forest MD Related Hashtag (a “Forest MD Mentions”), or use a hashtag containing forest.md or another name, mark or trademark relating to Forest MD, you are granting permission for Forest MD or our third-party providers to use your UGC, and you are signifying your consent to Forest MD’s and/or its service providers’ collection, use, disclosure, transfer and processing of any personal data and/or information you provide in your UGC in accordance with these Terms, Forest MD’s Privacy Policy and applicable data protection laws and regulations.
Withdrawing Consent
Forest MD may refuse to use, delete or remove your UGC after the UGC is used and/or shared by Forest MD on Forest MD Platforms, retailer sites, third party sites and in stores. If you change your mind about sharing your UGC, or you do not want Forest MD to contact you about your UGC again, please send us an opt out request by emailing customercare@forest-md.com and provide the following information: your name, email address, content origin, social platform, user handle, and User Generated Content description.
Other/Miscellaneous
Forest MD reserves the right to alter these Terms at any time and from time and time without prior notice.
Severability
If any provision of these Terms is deemed invalid, then that provision will be limited or amended to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Waiver
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Forest MD’s failure to assert any right under these Terms shall not constitute a waiver of such right.
Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between Forest MD and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral, relating to this subject matter.
Governing Law
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by the laws of the Republic of Singapore, without giving effect to any principles of conflict of laws. You agree that the courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.