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TERMS OF USE – 3890Tigers

IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE CAREFULLY.

Heineken Asia Pacific Pte. Ltd. (“HAP”) reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you access the 3890tigers.com website (the “Website”) available at or use the Services available on the Website, to stay informed of any changes to the Terms of Use. Any access or use of the Site or Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

BY USING OUR TOOL AND BY PRESSING THE UPLOAD BUTTON YOU CONFIRM THE FOLLOWING:

1. Use of Content

You have been asked to approve the Use (as defined below) of the piece of content you created and made available ("Content"), which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof.

By uploading User Content and posting User Content that you have tagged with Brand hashtags to social media platforms, you grant HAP, its related corporations (including but not limited to Asia Pacific Breweries (Singapore) Pte Ltd) and its third-party service providers who provide content management services including Asia Pacific Breweries (Singapore) Pte Ltd’s business partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Brand-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but without limitation to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

By Approving the Use of the Content, you authorize the Licensed Parties to make copies thereof and retain such Content and copies as the Licensed Parties deem necessary to facilitate the Use of the Content. All Content becomes the unrestricted licensed property of the Licensed Parties. You agree that HAP does not have any obligation to Use or take any action with respect to any Content.

By Approving the Use of the Content, you waive (i) any right to review, inspect or approve the Use of the Content in any format or media, whether that Use is known to you or not; (ii) any right to royalties or other compensation arising from or related to the Use of the Content; and (iii) any claim or assertion of moral rights or attribution with respect to the Content.

2. Your Promises to HAP

You represent and warrant that: (i) you are at least 18 years old or the legal drinking age, whichever is older, in your state of residence, as is everyone else appearing in the Content; (ii) you have full right and authority to enter into this agreement; (iii) neither the Content, nor the Use of the Content as permitted in these Terms of Use, will contain any inappropriate, illegal, offensive, obscene or otherwise objectionable material that could bring HAP, its affiliates, brands or trademarks into disrepute or infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Laws; and (iv) you own or have obtained all necessary rights and permissions to grant the rights to the Licensed Parties granted herein, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the Content, and no payment of any kind is due to any third party for the Use of the Content as set forth herein.

3. Intellectual Property Rights

The Website contains proprietary information owned by HAP, including, but not limited to, text, software, photos, video, graphics and the entire contents of the the Website, protected by copyright, trademark and other intellectual property laws. The Licensed Parties’ properties contain proprietary information owned by or licensed to the Brand or its retail partner, and protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of HAP and the Licensed Parties by using the Website or Services.

4. Indemnification

You hereby agree to defend, indemnify and hold the Licensed Parties and their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of the Content, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Laws, or your violation of any rights of another person or entity.

5. If You Think Your Copyright Was Infringed

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please see below.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide HAP with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located, with enough detail that we may find it;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HAP actual knowledge of facts or circumstances from which infringing material or acts are evident. HAP’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: ENTER CONTACT DETAILS You should consult your legal advisor before filing a notice with HAP.

6. Termination

You agree that HAP, in its sole discretion, may terminate your use of the Website or Services. You agree that any termination of your access to the Site or Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that HAP may immediately remove all related information and files associated with your use of the Site or Services. All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.

7. Miscellaneous

These Terms of Use and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of New York, without giving effect to its conflicts of law principles.

Each party irrevocably consents and agrees to the exclusive jurisdiction of the New York state or federal courts, as applicable, located in New York County. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. In the event that any provision of these Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof.

Nothing contained herein shall deem or construe you and HAP to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever.

These Terms Of Use (or any version of the same updated pursuant to the first paragraph of these Terms of Use) represent the entire agreement between you and HAP with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and HAP.

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