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”) .

If NGC decides at its sole discretion that your User Content resonates with the NGC brand and is relevant to the NGC brand, NGC shall reach out to you via direct message from the relevant Handles to request your permission to use your User Content as per the terms contained herein. Further, you unconditionally and irrevocably agree to our use of the User Content in accordance with these terms of use (“Terms of Use”). NGC hereby clarifies that this activity is not a contest and NGC is not be obligated to give out any gratifications or prizes in any manner whatsoever.

NGC 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 grant permission or authorization to feature your User Content.

1. Consent to use User Content

Your act of voluntarily sharing the User Content using the Hashtag and Tag shall be deemed to be your absolute: (a) consent in relation to our use of User Content; and (b) acceptance to these Terms of Use, Privacy Policy (defined below), and other terms and conditions as prescribed by NGC from time to time. If you do not agree to be bound or cannot comply with any of the Terms of Use, please do not submit any User Content using the Hashtag and Tag. You further acknowledge and agree that NGC shall have a right but not an obligation to post, re-post display, or otherwise make publicly available any User Content shared by you using the Hashtag and Tag.

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.

3. Acceptance of Privacy Policy

You hereby agree and understand that NGC will have access to and collect information and data shared by you such as your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice (“ Personal Information”). You hereby consent and grant the Licensed Parties the right to collect, receive, store, process, transfer, use, destroy, retain and share your Personal Information in connection with any use of your User Content in accordance with the terms of NGC’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and NGC’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

4. Representations and warranties by you

You hereby represent, undertake and warrant as follows:

a) You are an Indian citizen residing in India;

b) You have completed 18 (eighteen) years of age and are competent to accept these Terms of Use;

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;

e) You are wholly compliant and your User Content is individually consistent with the Instagram, Facebook and Twitter terms of use.

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.

m) The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any license granted under these Terms of Use. You agree and declare that you have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Licensed Parties’ utilization of the User Content.

5. Indemnity

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

These Terms of Use shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to the grant of license under these Terms of Use, such dispute shall be referred to a sole arbitrator appointed by NGC and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by you (who has raised a dispute).

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.

7. Miscellaneous

a) These Terms of Use constitute the entire agreement between you and NGC governing Licensed Parties’ utilization of User Content, superseding any prior agreements between you and NGC regarding such use.

b) None of the above paragraphs limits any other.

c) You agree that if NGC does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which NGC has the benefit of under any applicable law), it will not be taken to be a formal waiver of NGC’s rights and those rights or remedies will still be available to NGC.

d) If any provision of these Terms of Use is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

e) You hereby acknowledge that you have fully read and understood these Terms of Use voluntarily, without coercion or any undue influence of any kind whatsoever on the part of NGC or any of the Licensed Parties and with complete understanding of all of the terms and conditions contained herein you agree to the contents of these Terms of Use.

f) In case of any queries in relation to the license granted hereunder, you can write to NatGeoIndia.social@natgeo.com . NGC shall endeavour to reply to the same within a reasonable time.