Photo sharing

Terms and Conditions For Photo Upload

If you would like to share the beauty of blooming flowers in Hong Kong, you are welcomed to upload relevant photo(s) to the Flower Appreciation webpage (www.fa.gov.hk) (hereinafter referred to as “the Webpage”).

Uploading any photo through the Webpage constitutes your acceptance of the terms and conditions of use outlined herein. You should read the terms and conditions carefully before uploading.

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


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


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 (the “Government”) shall not assume any legal or other responsibilities.


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


5. The uploader understands that the Government reserves the right to upload the selected photo(s) to the Webpage. The Government has the right to make changes to the images and removing them from the Webpage any time without notifying the uploader or making any payment to the uploader.


6. The uploader agrees that the Government has the right to publish the photo(s) on the Webpage [and/or other social media], without any payment to the uploader for 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 the photo(s) (including the doing of any of the acts restricted by copyright set out in sections 22 to 29 of the Copyright Ordinance (Chapter 528 of the Laws of Hong Kong)).


8. The uploader represents, warrants and undertakes to the Government that:
   1. The uploader shall be the exclusive owner of the Intellectual Property Rights of the photo(s) uploaded by the uploader via the Webpage or is authorised by the owner of the Intellectual Property Rights of the photo(s) uploaded by the uploader and have procured and obtained all licence, waiver, consent or authorisation from the owner of the Intellectual Property Rights to upload the same via the Webpage (“Authorised Person”) (as the case may be);
   2. Except for any works or materials of which the Intellectual Property Rights belong to a third party (“Third Party Materials”), the photo(s) uploaded by the uploader to the Webpage shall be or shall consist of original works created, developed or made by the uploader;
   3. If the photo(s) contain any Third Party Materials, on or before uploading the photo(s) to the Webpage, the uploader shall have obtained from such third party the grant of all necessary licences for yourself and 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 and the costs of the above licences shall be borne by the uploader; and
   4. 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 does 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, trade marks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs, 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 your own cost and expense all relevant authors of the photo(s) or any part thereof to irrevocably waive all moral rights (whether past present or future) in the respective items. 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 the submission of the photo(s) to the Government by the uploader including but not limited to the following circumstances:
    1. the violation by the uploader of any of the terms and conditions contained herein;
    2. the infringement of the rights of any third party, including but not limited to Intellectual Property Rights or any other rights of any party and privacy rights by the uploader; or
    3. the use of photo(s) by the Government uploaded by the uploader 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 and software.


13. The governing law of these Terms and Conditions shall the laws of the Hong Kong Special Administrative Region. Any and all disputes, claims and causes of action relating to 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. If there are contradictions or inconsistencies between the two versions, the English version shall prevail.