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,
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.
2.3. 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.
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 email@example.com. 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;
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.
6.4. 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.
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.
Scope of application
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.
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.
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
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.