User Generated Content Terms & Conditions
User Generated Content Terms & Conditions
Stila Cosmetics reaches out to social media users and other digital content generators to seek their permission to feature User Content (defined below) on our various sites, social channels, and various promotional materials, including those of our clients (“Sites”). Stila Cosmetics is similarly requesting Your permission to use any User Content submitted by You as described in these Terms & Conditions.
By submitting to us any User Content, You agree to these Terms & Conditions. Please be aware that Stila Cosmetics reserves the right to alter these Terms & Conditions without advance notice by posting a revised version of these Terms & Conditions from time to time. Accordingly, You should review the Terms & Conditions each time You submit or otherwise grant permission or authorization to feature or use any User Content.
Terms & Conditions:
“User Content” means any photos, videos, or any other content that You submit through or to Us, or any content or information You publish through any social media or any other digital medium, such as Your user name, real name, social media handle, accompanying text, and any images, likeness, descriptions of You, location or other identifying information, videos, Your voice or other audio from or through Your social media accounts or other digital properties (e.g. Twitter™, Instagram™, Facebook™ , TikTok™, Pinterest™).
“We” and/or “Us” means Stila Cosmetics and the clients on whose behalf any User Content is being collected.
“You” means the person or company submitting any User Content.
For any submitted User Content, You grant Us, including persons and companies acting with our permission and any successors or assigns, a perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to use, copy, modify, adapt, publish, distribute, translate, create derivative works from and/or commercialize such User Content, without compensation or obligation to You. This includes the right for Us to include any name provided along with the User Content submitted by You; provided, however, we shall have no obligation to include such name with any User Content.
Please, do not submit any User Content that You do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Any User Content You voluntarily submit will be treated as non-proprietary and non-confidential. As such, You understand and hereby irrevocably and unconditionally waive (and agree not to enforce) all rights in and to any User Content, including without limitation any moral rights or equivalent rights which You may otherwise have under any laws now existing or which become law in the future in any part of the world.
You understand that we may use any User Content, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to You or to any other person or entity. You agree that User Content may be copied or exported from the Sites and published elsewhere on the internet, including on any social media sites or any other digital properties, including, but not limited to third-party internet sites, emails, advertisements and the social media accounts of our clients, partners, retailers, and vendors. In addition, You understand that any User Content may be removed from the Sites or any other digital properties at any time for any reason.
You represent and warrant that You have all rights necessary for You to grant the licenses granted in these Terms & Conditions, including but not limited to permission from or on behalf of any individuals that appear in or referred to by the User Content to use, and grant to our third parties the right to use, their name, image, voice and/or likeness without compensation to You or any other person or entity.
You also represent and warrant that:
- You are at the least the age of legal majority in the state in which You reside;
- The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than You or Stila; and
- You have not received any compensation of any kind for any User Content, unless properly disclosed pursuant to FTC guidelines.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content You submit, and We assume no liability for any User Content submitted by You.
By using the Sites or otherwise submitting any User Content, You are consenting to our collection of any personal information You provide for our use and disclosure in connection with the use of Your User Content as described herein. If You do not agree to the collection, use and disclosure of Your personal information in this way, please do not use the Sites or otherwise provide us with any personal information. Your personal information may be transferred to servers located outside the country in which You live or to third parties in other countries so that they may process personal information on our behalf. By using the Sites or otherwise providing Us with any personal information, You agree to the foregoing collection, use, disclosure, transfer and processing of Your information in accordance with these Terms & Conditions and applicable data protection laws and regulations.
You acknowledge and agree that We reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. However, please be aware that We have no control over User Content once it is republished or exported elsewhere, and it is possible that others may duplicate material submitted, including, but not limited to, on other sites on the Internet, including on any social media sites or other digital properties, so please exercise discretion in deciding what to submit to Us.
You agree to indemnify and hold Stila Cosmetics, its clients, and ours and their respective officers, directors, and employees, including any successors or assigns (collectively the “Releasees”) harmless for any and all claims (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising from or in connection with any claims to any rights in any User Content or any damages arising from or related to the submission, use, removal or commercialization of any User Content. You further agree to indemnify and hold the Releasees harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of or related to any breach of Your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of the User Content, You hereby release all Releasees from, and irrevocably waive, any and all claims that our use of Your photo with or without Your name, including but not limited to use on various digital properties, infringes, misappropriates or violates Your rights in any User Content or any work or material contained in Your User Content.
Instagram ™, TikTok™, Facebook™, Twitter ™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Us. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If You choose to submit Your photo via mobile phone, standard data rates may apply.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER STILA COSMETICS, ITS CLIENTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, OPPORTUNITY OR GOODWILL ARISING OUT OF OR RELATED TO YOUR SUBMISSION OF USER CONTENT OR OUR USE, REMOVAL OR COMMERCIALIZATION THEREOF EVEN IF YOU OR US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms & Conditions, and any disputes or claims arising out of or related to these Terms & Conditions, shall be governed by the laws of the State of New York and any actions arising out of or related hereto shall be exclusively brought in the state or federal courts located in New York. You hereby waive any objection as to forum or venue.
These Terms & Conditions are subject to change at any time without prior notice.