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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.

Scope of application

By answering #KIKOYes and/or uploading content with the hashtag #KIKOTrendsetters, #KIKOMilano or other hashtags communicated case by case by KIKO, you recognise and acknowledge that you have read, understood and accepted these Terms of Use for the publication and use by KIKO of your content, such as photos, texts, videos and other materials (“Content”).

To facilitate collection and transmission to the KIKO website (www.kikocosmetics.com) (“Website”) and to social media channels, KIKO has appointed the service provider Live Story Inc. (“Live Story”).

Should you change your mind about sharing your content, you can always write an email to PrivacyUgcManagement@percassi.it or remove the Content from the specific social network.

KIKO reserves the right to modify these terms of use without notice, by publishing the same revised. As a consequence, we invite you to read the terms of use again each time you give permission or authorisation to publish your Content.

Content License

You hereby grant KIKO, which may make recourse to third parties (e.g. service providers, marketing and public relations agencies), a global, perpetual, free, non-exclusive, transferable, sub-licensable license to use your Content.

may use and publish the Content on any communication channel, by way of example but not limited to, on its social network pages (e.g. Facebook, Instagram, Twitter), in its newsletter, and through any promotional and advertising material, both online and offline, including advertising at KIKO retail stores. We also inform you that the aforementioned social networks are platforms owned by third parties and, consequently, the dissemination and use of the Content through these networks shall be governed by the terms of use defined by said third parties in relation to the aforementioned platforms. KIKO has also envisaged a specific section on its Website called “KIKOTrendsetters” (“Gallery”), managed and moderated by Live Story and dedicated to user experiences with the universe and their way of conceiving cosmetics. Using the hashtag #KIKOTrendsetters, you also authorise the publication of your Content in the Gallery and its sharing with other users of or visitors to the Gallery.

KIKO may use, display, reproduce, distribute, transmit, create works derived from, combine with other content, alter and/or modify your Content in any way and entirely at its discretion, in compliance with applicable legislation and without altering its content and meaning, so as to make it usable.

Your hereby authorise, represent and warrant:

that you are the sole person responsible for your Content

that you are the owner of all rights relating to your Content and/or have obtained the appropriate rights and permissions from any other person and/or entity that manages or otherwise makes use of any rights in relation to said Content

to be at least 18 years old

that the use of your Content as described herein does not infringe, including but not limited to, copyrights, trademark, patents, trade secret, privacy, advertising, moral, proprietary or other rights, of any other party, or any law, rule or regulation, and

that the Content is not insulting, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, offensive or otherwise illicit.

You hereby also agree to provide a release and exonerate KIKO and any third party acting on its behalf, from any liability in any way related to the use of your Content by KIKO. Under no circumstances shall KIKO be liable for your Content, including any errors or omissions relating to the Content, or for any loss or damage of any kind incurred by the user in relation to the user's content made available through any means on the Website.

Anyone may report to KIKO any Content considered contrary to applicable law and/or the principles established in this document by writing to PrivacyUgcManagement@percassi.it

KIKO reserves the right not to use the Content for any reason and shall always be able to remove any Content if, at its sole discretion, it is not compliant with these Terms of Use.

Privacy

By posting the Content with any of the hashtags referred to in this document or otherwise provided by KIKO, you agree that the processing of your personal data, if any, provided as part of the Content, takes place in accordance with these Terms of Use , with the Privacy Policy and with applicable laws concerning the protection of personal data.

Intellectual Property Rights

The information contained on the Website, on the social media accounts and other proprietary KIKO information, as well as the materials incorporated therein, are the exclusive property of KIKO. Any use, even only partial, of the same is prohibited without the prior written consent of KIKO, which reserves all the related intellectual property rights. By authorising the use of your Content or otherwise using or accessing the Website, you understand and accept that you do not acquire any right of ownership or other rights on the proprietary information and materials of KIKO.

Miscellaneous

These terms of use are governed by Italian law.

You accept that in the event that KIKO does not exercise or make use of any legal right or action contained in these Terms of Use (or of which KIKO benefits or in line with any applicable law), this shall not be considered as a formal waiver of the rights of KIKO and that these rights or remedies shall remain available to KIKO.

If any court of law with jurisdiction on this matter establishes that any clause of these Terms of Use is invalid, such clause shall be removed from the Terms without affecting the remainder of the Terms of Use. The remaining clauses of such Terms of Use shall retain all their legal effectiveness.

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