TERMS OF SERVICE
CEMÔY – User Generated Content Terms of Use
1. Introduction
1.1 CEMÔY (“we”, “us” or “our”) is an Australian-born skincare company that delivers highly effective formulas and luxurious skincare experiences. To learn more about us, please refer to our website: https://cemoy.com
1.2 CEMÔY reaches out to social media users to seek their permission to feature their content on our various CEMÔY sites, social channels, and in various other promotional materials. You are reading this because we are seeking your permission to use your social media content (“User Content”) in this way.
1.3 By replying #yesCemoy, you agree to these Terms of Use.
1.4 CEMÔY collects User Content to publish it on our digital properties, including the CEMÔY website (https://cemoy.com/) (the “Site”), CEMÔY operated apps and social media channels (including but not limited to TikTok, Facebook, Twitter, Instagram, YouTube and Snapchat) and in promotional materials and other properties (collectively the “CEMÔY Properties”) in connection with the CEMÔY business, including CEMÔY product features, marketing, promotional, advertising and other consumer-related activities (the “CEMÔY Activities”).
2. User Content Licence
2.1 You hereby grant to CEMÔY and its related companies, agents, licensees, sublicensees, franchisees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing and public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.
2.2 You will retain all ownership of the User Content (subject to the license granted herein). In the event that you wish to assign ownership of the content to a third party, you agree to only assign the content on the condition that the third party accepts a licence agreement with the Licenced Parties.
2.3 The Licensed Parties may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit and make publicly accessible the User Content in any manner in their sole discretion, with no obligation to you whatsoever.
2.4 You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
2.5 When providing User Content, you represent and warrant that:
2.5.1 you own or otherwise control the rights to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content;
2.5.2 the User Content has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the User Content does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations;
2.5.3 you are 18 years of age or over; and
2.5.4 the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability.
2.6 The Licenced Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission by you in relation to the User Content or otherwise, except pursuant to the Licensed Parties respective privacy policies.
2.7 You hereby release, discharge and agree to hold the Licensees, and any person acting on their behalf, harmless from any liability related in any way to or arising from the User Content, your breach (actual or alleged) of these Terms of Use, including any of your warranties, representations or agreements herein, your violation of any laws or your violation of the eights of another person or entity.
2.8 The Licensed Parties reserve the right to remove any User Content from the Site and the CEMÔY Properties in their sole discretion. If you believe any content, including User Content, residing on the Site or the CEMÔY Properties or displayed or used in connection with the CEMÔY Activities infringes any person or entity’s copyright rights, please notify us.
2.9 Personal information protection. By approving our use of the User Content, you give us the right to use your personal data which may include your name, social handle or likeness in the User Content. We will only process your personal data for the purpose of this contract with you in accordance with our Privacy Policy. Please read for more information on website: https://cemoy.com/privacy-policy
2.10 Intellectual property rights. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of CEMÔY by authorising use of your User Content or otherwise using or accessing the Site, the CEMÔY Activities or the CEMÔY Properties.
3. Miscellaneous
3.1 These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.
3.2 CEMÔY reserves the right to alter these Terms of Use without advanced notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorisation to feature your User Content.
3.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or of which we have the benefit under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
3.4 If any part of these Terms of Use becomes invalid, illegal or unenforceable in any respect under any law or for any other reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
3.5 These Terms of Use (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by the laws of New South Wales, Australia and you agree that you hereby submit to the exclusive jurisdiction of the courts of New South Wales, Australia.