This agreement outlines the terms and conditions affecting the usage of social media content you have approved the use of through Chute (content aggregation tool) with the hashtag #thanksJumeirah by Jumeirah International LLC ("Jumeirah").
For the purposes of this letter:
- "Effective Date": in respect of any Rights in or relating to the Content, the date of creation of the Content;
- "Content": the content posted on social media; and
- "Rights":all intellectual property rights in the content including without limitation all copyright and all exclusive rights in all copyrighted and copyrightable works, the right to register the copyright, all rights of any nature of copyright and author's rights, all trade marks (whether registered or unregistered) and all similar economic and proprietary rights (including any and all goodwill associated with the Content) in all parts of the world for the full terms thereof including any application, renewals or extensions thereof.
In consideration of the opportunity for the Content to be featured in Jumeirah’s official websites including but not limited to jumeirah.com and experiencejumeirah.com as well as in all of Jumeirah’s social media platforms including, but not limited to, Facebook, Twitter and Instagram, as well as marketing campaigns and materials:
- (a) you hereby assign to Jumeirah the Rights, together with the right to sue for damages and exercise any other remedies as may be available in respect of any existing or prior infringement of the Rights and to retain any damages or other payment obtained as a result of such action. This assignment has effect in perpetuity as from the Effective Date and with the object of enabling Jumeirah and its associated companies, licensees and assignees to use and exploit the Rights in any place whatsoever worldwide and at Jumeirah's own discretion for any and all purposes whatsoever, including use of the Photographs in advertisements, promotional materials and merchandise produced by Jumeirah or any third parties;
- (b) This assignment is intended to be effective notwithstanding any eventuality whereby Jumeirah fails to exploit the Rights in the first year of assignment or at any other time
2.1 If your social media handle or username changes ownership during the time of the campaign and beyond, Jumeirah will retain the rights to the image.
3.1 You undertake and warrant that:
- (a) the Content was taken by you and, accordingly, you have full legal title to the Rights;
- (b) the Rights do not infringe any intellectual property rights of any third party; and
- (c) you have not assigned, granted or attempted or purported to assign or grant any licence of any of the Rights to any person, company or other entity (other than Jumeirah) in any part of the world.
3.2 You acknowledge and agree no royalties or payment is due in connection with the assignment of the Rights or for any past, present or future exploitation of the Rights by Jumeirah or any other party, whether or not such exploitation was in the contemplation of the parties at the time of the creation of the Content.
3.3 You have all necessary power and authority to enter into this agreement.
4.1 You confirm you irrevocably waive any moral rights in the Content and procure that no-one involved in the creation of the Content will at any time assert any moral right that he or she may have in relation to the Content in any part of the world including, without limitation, any right:
- (a) to be named as the creator of the Content;
- (b) to object to the modification, distortion or derogatory treatment or mutilation of the Content; and
- (c) to withdraw the Content from circulation.
You agree that you will, at Jumeirah's cost (as to out of pocket expenses only):
- (a) execute (if necessary, before a notary public) such documents and do such acts or things as are necessary to bring into effect or confirm the terms of the assignment set out here whether in connection with any registration of title to copyright or other similar right or otherwise (including, but not limited to, recording Jumeirah's ownership of copyright in the Content with the United Arab Emirates Copyright Office or similar office in other jurisdictions worldwide); and
- (b) use reasonable endeavours to procure that any other person involved in the creation of the Content shall, if requested by Jumeirah, provide the same assistance on the same terms.
6.1 Should you want your content to be removed from Jumeirah Website(s), you will need to send a message to the following DubaiPR@jumeirah.com. Once Jumeirah acknowledges receipt of your email request, please allow 30 days for any action to take place.
The agreement set out above shall be governed by, construed, interpreted and applied in accordance with laws of the Emirate of Dubai and the federal laws of the United Arab Emirates.