Photo Sharing

Terms and Conditions for Uploading Photos. If you would like to share photos of plants and birds in and landscape of the Hong Kong Park, you are welcomed to upload the relevant photos to the Photo Gallery website (www.hkp.gov.hk)

(hereinafter referred to as “the Website”).

By uploading any photo through the Website,you agree to accept the terms and conditions outlined herein. Please read the terms and conditions carefully

before uploading.

1. The selected photo(s) will be published on the Website.

2. You (hereinafter referred to as the "uploader") must be at least eighteen (18) years old and have the right to provide the photo(s) via the Internet as the legal owner of the photo(s) (or with the consent of the legal owner).

3. All photos are provided by the uploader, and all related risks and responsibilities are solely borne by the uploader. The Government of the Special Administrative Region of Hong Kong (hereinafter referred to as the “Government”) shall not assume any legal or other responsibilities.

4. The uploader shall ensure that the photo(s) do(es) not contain any content that is illegal, harmful, threatening, abusive, harassing, infringing, disturbing, vulgar, obscene, libellous, defamatory or morally unpleasant, infringes on the privacy of others or any other rights, or involves racial discrimination.

5. The uploader understands that the Government reserves the right to upload the selected photo(s) to the Website, or make changes to or remove the photo(s) from the Website at any time without having to notify or make payment to the

uploader.

6. The uploader agrees that the Government has the right to publish the photo(s) on the Website and/or other social media without having to pay the uploader any royalties and/or other fees.

7. The uploader grants for the benefits of the Government, its authorised users, assigns and successors-in-title an irrevocable, non-exclusive, royalty-free, worldwide, perpetual, sub-licensable and transferable licence to use (including doing any of the acts restricted by the copyright set out in sections 22 to 29of the Copyright Ordinance (Chapter 528 of the Laws of Hong Kong)) the relevant photo(s).

8. The uploader hereby represents, warrants and undertakes to the Government that:

(i) the uploader shall be the exclusive owner of the Intellectual Property Rights of the photo(s) uploaded to the Website, or is authorised by the owner of the Intellectual Property Rights of the photo(s) to upload the photo(s). The authorised person shall have procured and obtained all licences, waivers, consents or authorisations from the owner of the Intellectual Property Rights to upload photo(s) with the same content to the Website (as the case may be);

(ii) except for any works or materials of which the Intellectual Property Rights belong to a third party (hereinafter referred to as “Third Party Materials”), the photo(s) uploaded by the uploader to the Website shall be or shall consist of original work created, developed or made by the uploader;

(iii) if the photo(s) contain(s) any Third Party Materials, the uploader shall, on or before uploading the photo(s) to the Website, have obtained from such third party the grant of all necessary licences for himself/herself, the Government, its authorised users, assigns and successors-in-title to use the relevant works and materials in the manner and for any of the purposes contemplated by these terms and conditions. The costs of the above licences shall be borne by the uploader; and

(iv) the provision of the photo(s), the use, control or possession by the Government and its authorised users of the photo(s) or any part thereof for any of the purposes contemplated by these terms and conditions, and the exercise by the Government, its authorised users, assigns and successors-in-title of any of the rights granted under these terms and conditions do not and will not infringe any Intellectual Property Rights or any other rights of any person.

9. For the purpose of these terms and conditions, “Intellectual Property Rights” means patents, trademarks, service marks, trade names, design rights, copyrights, domain names, database rights, rights in know-how, new inventions, designs or processes, and other intellectual property rights whether now known or created in future (of whatever nature and wherever arising) and in each case whether registered or unregistered and including applications for the grant of any such

rights.

10. The uploader shall irrevocably waive and undertake to procure at his/her own costs and expenses all relevant authors

of the photo(s) or any part thereof to irrevocably waive all moral rights (whether past, present or future) in the photo(s). Such waiver shall operate in favour of the Government, its authorised users, assigns and successors-in-title and shall

take effect upon the grant of the licence to the Government, its authorised users, assigns and successors-in-title.

11. The uploader shall indemnify and at all times keep the Government indemnified from all actions, claims, damages,

losses, costs (including but not limited to legal costs), expenses and liabilities of whatsoever nature brought against the Government by any third party arising out of (including but not limited to the following circumstances):

(i) the violation of any terms and conditions contained herein by the uploader;

(ii) the infringement of the rights of any third party, including but not limited to Intellectual Property Rights, privacy rights or any other rights, by the uploader; or

(iii) the use of uploader’s photo(s) by the Government resulting in any third party losses.

12. In all circumstances, the Government shall not be held liable for any problems or technical failures of telephone

networks or lines, computer network systems, servers and providers, computer equipment or software.

13. These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region. Any and all disputes, claims and causes of action in connection with these terms and conditions shall be resolved by the courts of the Hong Kong Special Administrative Region.

14. These terms and conditions have been translated into Chinese. In the event of any conflict or inconsistency between the English version and the Chinese version, the English version shall prevail.

I have read and agreed to the above terms and conditions.

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