kikotrendsetters

Terms & Conditions

    KIKO S.p.a. (“KIKO”) provides a specific section on its website at www.kikocosmetics.com (the “Wall”) where you can directly upload content (“Content” or “User Generated Content”) concerning your experience with KIKO world and your way to intend cosmetic, to share them with other users or visitors of the Wall,
    These following terms of use (the “Terms of Use”, or “TOU”) govern your use of the Wall and your interaction with it.

    1. Scope of application of the Terms of Use
    1.1. By accessing and using the Wall on any computer, mobile phone, tablet, console, or other device, you acknowledge and recognize that you have read, understood and agree to comply with these Terms of Use. In particular, access to and use of the Wall also implies specific approval, pursuant to and by effect of Articles 1341 and 1342 of the Italian Civil Code, of the terms set out at the end of these Terms of Use.

    1.2. KIKO may amend these Terms of Use and the characteristics of the Wall at any time without notice. KIKO shall notify any changes on its website, and said changes shall be applicable seven days after their publication. In case you do not accept these Terms of Use, please do not to use the Wall.

    1.3. KIKO uses Olapic, a third-party service provider, to collect, curate and moderate the user-generated content that is published to the Wall. You are therefore invited to examine Olapic’s terms of use before uploading any Content on the Wall on Olapic website at www.olapic.com/tos. Olapic business practices and privacy policies are not under KIKO’s control, and KIKO shall not be responsible for nor makes any claims regarding the accuracy or legality of anything therein.

    2. Registration procedure and Content uploading
    2.1. User Generated Content can be uploaded on the Wall following the instructions set out on KIKO website in the “KIKOtrendsetters” section, after your registration.

    2.2. Registration is exclusively reserved for users who have reached eighteen (18) years; registration by minors constitutes a violation of these Terms of Use. By using the Wall you confirm and warrant that you are at least 18 years of age.

    2.3. During the registration procedure, with the exception of the access to the Wall through Facebook, you shall be required to create a personal account (the "Account") by providing your nickname and email address. All data collected by KIKO during your registration procedure and creation of your account (except for the nickname) will not be visible to other users of the Wall in any way.

    2.4. You agree to provide accurate and current information about yourself in all registration forms.

    2.5. Once you have created your Account, you can upload the Contents on the Wall.

    2.6. KIKO can also select your Content if you post it on social networks and include hashtags related to the KIKO world (such as #KIKOtrendsetters) with your Content. In that case, KIKO shall send you a message requesting permission to publish such Content on the Wall.

    3. Privacy
    3.1. KIKO, in his quality of data controller, informs you that your personal data may be processed manually or through electronic instruments and stored on KIKO database, in order to permit the access to and use of the Wall. Communication of your personal data to KIKO is strictly necessary for the above mentioned purposes. In case of refusal to communicate your personal data as requested KIKO will not be able to render the above mentioned services. Your personal data may be communicated to people in charge of the processing; moreover, personal data may be communicated for the same purposes indicated above to other companies, appointed as data processors, controlled by or affiliated to the Percassi Group, based within the European Union. A complete list of data processors is available at the data controller’s registered office. It is understood that the publication of Content on the Wall shall inevitably imply the dissemination of the same, which you, by accepting these Terms of Use, give your consent to. You can exercise your rights of access, rectification, cancellation or opposition, by sending an email to the at privacy@percassi.com. Please carefully read KIKO’s Privacy Policy at http://www.kikocosmetics.co.uk/secure-purchases/privacy-policy.html.

    3.2. Olapic is an autonomous data controller. Data collected by Olapic shall be processed as per its Privacy Policy, available at https://www.olapic.com/privacy-policy.

    4. Content
    4.1. You are the only responsible for all Content that you upload on the Wall.

    4.2. Particularly when you upload a Content, you grant to all users accessing the Wall the possibility to watch such content and associate your nickname to the same.

    4.3. If you wish to remove Content that you have contributed to the Wall, you may: (i) remove the Content from your social media profile, (ii) change the privacy setting on your social media profile from public to private, (iii) hit the report button on the content you wish to remove and follow the prompts, or (iv) contact us at kikotrendsetter@kiko.it. Content is usually removed from the Wall within an hour after a removal request is made.

    4.4. Your User Generated Content shall not be regarded as confidential or proprietary. By uploading any Content on the Wall you grant (and warrant that you have the right to grant), KIKO a worldwide, perpetual, free, irrevocable, transferable license to use on a non-exclusive basis any such Content uploaded on the Wall, by any means, whether now existing or to be devised in the future, on KIKO website and/or mobile App and/or in stores (including, for instance, the reproduction of the Content on the screens installed inside and /or outside the stores, or on the exhibitors of products) and/or on sector magazines (e.g. for PR and Press activities) for the promotion of the brand on the Wall, also associating the Content with the image of products on sale on KIKO website and/or in stores, without thereby being entitled to payment of any fee or royalty. The same license is extended also to any rights related to your image in case you are depicted in the Content.

    4.5. You agree not to use the Wall for any illegal, deceptive, discriminatory or reprehensible purposes; in particular you agree:
    - Not to upload unauthorized commercial communications (such as spam) on the Wall;
    - Not to upload disparaging, harassing or intimidating Content;
    - Not to upload Content having a threatening, pornographic, or violent character, or containing hate speech, or encouraging violence, or displaying nudity or violence;
    - Not to upload viruses or other malicious code;
    - Not to try to get login information or access to other users' accounts;
    - Not to take actions that could impede, overburden, or impair the proper functioning of the Wall;
    - Not to facilitate or encourage any violation of the Terms of Use or other applicable regulations.

    4.6. Any comment or suggestion shall be freely used by KIKO which shall have no obligation to pay any compensation for them.

    5. Protection of third party rights
    5.1. KIKO respects third party rights and expects you to do the same. You shall not post Contents that infringe third party rights, including intellectual and industrial property rights and laws.

    5.2. In particular, you shall not publish personal information, nor collect or request personal information from other users nor send emails or other unsolicited communications. You shall not collect, use or post on the Wall private information of other people without their consent or for unlawful purposes.

    6. Exclusion or limitation of liability
    6.1. The use of the Wall shall be under your responsibility. You shall not start or stop using it if this could cause injury to yourself and / or third parties.

    6.2. KIKO could preselect the Content posted by the user at its sole discretion. Notwithstanding that, KIKO cannot guarantee that any inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise unsuitable Content will not be published on the Wall. As far as permitted by the applicable laws, KIKO does not assume any responsibility or liability for the Contents and / or the activities carried out by users on the Wall. KIKO is not responsible for User Generated Content or other Content posted by third parties on the Wall, nor for any Content that is offensive, illegal or unsuitable that you may find on your Wall or through it.

    6.3. KIKO reserves the right to modify, remove or refuse to post Contents that violate the Terms of Use and / or to deactivate the Account for any reason in case of repeated violations.

    6.4. KIKO reserves the right to accept or refuse all or part of the Content at its sole discretion, without assuming any obligation toward the User. In particular, KIKO undertakes no obligation to publish Content, deciding whether to post them on the Wall or not at its sole absolute discretion.

    6.5. KIKO does not provide any guarantee as to the error-free or uninterrupted use of the Wall , the correction of any defects and / or the absence of viruses and / or other malicious content.

    7. Indemnification
    7.1. You agree to indemnify and hold KIKO harmless against all claims, losses, liabilities, expenses, damages and costs, including (but not limited to) attorneys’ fees arising out of any Content posted by you, your use of the Wall and any other behavior in violation of these Terms of Use, laws or rights of third parties.

    8. Complaints
    8.1. If you believe that Contents are published improperly and / or infringe your industrial and intellectual property rights, you shall report it to KIKO by hitting the report button on the allegedly infringing Content and following the prompts or by following the procedure described in the Terms of use available at https://www.olapic.com/tos, providing your personal information, describing the alleged infringement and indicating the material object of the complaint.

    9. Intellectual Property Rights
    9.1. All Intellectual Property Rights on the Wall (except for users’ Contents) belong to KIKO and to his assignees and include materials protected by laws on copyright, trademarks, invention and models. All rights are reserved.

    9.2. You shall not use any of KIKO’s trademarks, logos, symbols, commercial names, text or other contents protected by intellectual property laws, without KIKO’s written consent.

    10. Account deactivation and Content removal
    10.1. KIKO reserves the right, at its sole discretion, to deactivate your Account, to remove any Content and to limit your use of the Wall for any reasons, without notice and without liability to you and third parties.

    10.2. Some Contents may continue to appear on the Wall even after their removal and the Account deactivation.

    10.3. The Terms of Use shall be valid even after KIKO deactivated your Account.

    11. Miscellaneous
    11.1. The Terms of Use, any matter related to privacy, the use of the Wall and any possible disputes between you and KIKO shall be governed by the Italian laws and subject to the exclusive jurisdiction of the Italian Courts.

    11.2. Any failure by KIKO to enforce any portion of the Terms of Use shall not constitute a waiver of any right or power granted to KIKO by the law or under the Terms of Use.

    11.3. The Terms of Use shall prevail over any possible usage and/or practices in place between you and KIKO.

    11.4. KIKO shall be free to assign or transfer its rights and obligations under the Terms of Use to any third party.

    11.5. The invalidity or unenforceability of any provision(s) of the Terms of Use shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.

    Under Articles 1341 and 1342 of the Italian Civil Code, I agree with the following clauses of the Terms of Use: 1.2 KIKO’s power to modify the Terms of Use; 6.1 Limitation of liability; 6.2 Limitation of liability; 6.4 No guarantee; 7.1 Indemnification; 10.1 KIKO’s power to terminate the Terms of Use or to suspend services thereunder.

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