CONTENT PROVIDER TERMS & CONDITIONS

By submitting a photograph or video (both referred to as photograph) to IMPERIO Cosmetics Benelux or by otherwise agreeing to our use of a photograph according to these Terms of Use, you agree that you have read and fully understand these Terms of Use and will comply with them in their entirety.

 

1. Participant Agreement

By uploading content and/or using hashtag #imperiocosmeticsbenelux in response to a request from IMPERIO Cosmetics Benelux to use your content, you hereby agree to grant IMPERIO Cosmetics Benelux license rights to use your content as outlined in these terms and conditions. IMPERIO Cosmetics Benelux also agrees to abide by these terms and conditions. You acknowledge that these terms and conditions constitute legally enforceable promises that you are making to IMPERIO Cosmetics Benelux. You also acknowledge that IMPERIO Cosmetics Benelux is relying on your promises to conduct its business and will incur expenses in doing so. Please read the terms and conditions of this Agreement carefully.

 

2. Allowable participants

You must be 18 years of age or older and have the legal right to enter into this Agreement and to grant the rights to use your content, as outlined in these terms and conditions, to IMPERIO Cosmetics Benelux.

 

3. Ownership of content

You warrant that the image, video, audio, graphics, text, or code ("Content") shall be free and clear of any claim, right or encumbrance that would limit or restrict the rights granted to IMPERIO Cosmetics Benelux in these terms and conditions and that the use of the Content by IMPERIO Cosmetics Benelux in accordance with the rights granted to IMPERIO Cosmetics Benelux shall not violate any copyright, trademark, moral right, right of privacy or right of publicity, or infringe or misappropriate any intellectual property rights of any third party. You warrant that you have all the necessary rights, title, and interest to grant the rights outlined in these terms and conditions to IMPERIO Cosmetics Benelux.

 

4. Model releases

You warrant that you have obtained model releases for all individuals who appear in the Content, including children under eighteen years of age where release is obtained from their parent or guardian.

 

 

5. Voluntary assignment of rights

You warrant that you voluntarily provide IMPERIO Cosmetics Benelux with the rights to use your Content according to these terms and conditions and will not receive any compensation or payment from IMPERIO Cosmetics Benelux for these rights. Neither you nor your successors, heirs, legal representatives and assigns will receive or solicit payment for such rights at any point in time.

 

6. Rights to use content

You hereby grant to IMPERIO Cosmetics Benelux a non-exclusive, perpetual, worldwide, sub-licensable, royalty-free license to use, access, load, download, store, install, copy, publish, distribute, communicate, exhibit, produce, reproduce, print, broadcast, display, sub-license and/or assign (hereinafter to "use" or "make use") the Content. IMPERIO Cosmetics Benelux is under no obligation to use the Content. All rights for use of the Content granted to IMPERIO Cosmetics Benelux in this Agreement are applicable in any and all media, including but not limited to print, electronic and digital media for advertising, marketing, promotion, education, publicity, public relations and/or editorial purposes. Except for IMPERIO Cosmetics Benelux’s license rights contained in this Agreement, you continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by IMPERIO Cosmetics Benelux or any third-party licensors, such as characters or other elements protected by copyright, trademark or other laws, your rights to make use of the Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and IMPERIO Cosmetics Benelux.

 

7. Credit for content

IMPERIO Cosmetics Benelux shall exercise reasonable efforts to include credit to you when using the Content, provided that the details such as your name and/or social media identity (handle) are included by you. You voluntarily agree to waive all moral rights in favour of IMPERIO Cosmetics Benelux and under no circumstance shall a failure to include credit by IMPERIO Cosmetics Benelux, its directors, officers, agents, employees or sub-licensees constitute a breach of this Agreement.

 

8. Indemnification

You shall at all times indemnify and hold harmless IMPERIO Cosmetics Benelux, its directors, officers, agents, employees and any others for whom it may be responsible in law, from and against all losses, claims, demands, awards, judgments, actions and proceedings by whomsoever made, brought or prosecuted, resulting from or arising out of, attributable to or in any way connected with this Agreement and whether or not caused by your negligence, including without limitation any actions brought by third parties alleging infringement or misappropriation of intellectual property rights in and to the Content, except to the extent to which such loss or damage has arisen out of IMPERIO Cosmetics Benelux's negligence. You further agree that neither you nor your successors, heirs, legal representatives and assigns will commence proceedings against IMPERIO Cosmetics Benelux regarding copyright or moral rights in the Content.

 

9. Withdraw consent

If you want to withdraw consent to share your content with IMPERIO Cosmetics Benelux, you have to contact us by email at info@imperio-haarvezels.nl, our Partner Cevoid at info@cevoid.com, or visit https://upload.cevoid.com/data/remove.

10. Governing law

You shall comply with all laws applicable to the performance of your obligations under this Agreement. You agree that all matters relating to this Agreement shall be interpreted in accordance with the laws applicable in The Netherlands, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of The Netherlands. This Agreement shall ensure to the benefit of, and be binding upon, the successors, heirs, legal representatives, and assigns of each of IMPERIO Cosmetics Benelux and you, as applicable.