#YESClarins

CLARINS AUSTRALIA Terms of use FOR YOUR INSTAGRAM PHOTO

Your Instagram photo caught our eye and we'd love to share your beauty with the world. Therefore we would like your consent to use the photo you posted on Instagram with the Clarins-related hashtag and make it visible to our fans.

BY RESPONDING TO THE MESSAGE FROM OUR clarins INSTAGRAM ACCOUNT WITH “#YESClarins” YOU REPRESENT AND WARRANT THAT:

  • you are eighteen (18) years of age or older;
  • you took the photo and you own all rights in and to your photo;
  • you have permission from any person(s) appearing in your photo to grant the rights set out in these Terms of Use;
  • our use of your Instagram photo does not infringe the rights of any third party or violate any law; and
  • you have read, understood and agree to these Terms of Use.

If we suffer any loss or damage as a result of you providing false warranties under these Terms of Use, you acknowledge and agree that you will reimburse us for any such loss or damage.

WHAT HAPPENS IF I RESPOND WITH #YESClarins?

By responding #YESClarins you give us permission to share your photo as part of digital content which may be visible to our fans anywhere in the world without any payment to you.

In particular, you give us an unlimited right to use your photo on  Clarins websites, Clarins e-newsletters and other electronic marketing materials, Clarins mobile apps, postings on Clarins social media accounts, or the use on websites of Clarins' retailers (e.g. David Jones, Myer). However please note that:

  • we have no obligation to use your photo - whether or not we actually use your photo is up to us;
  • we will not use your photo in a manner not contemplated by these Terms of Use without your prior written consent; and
  • we will always respect your moral rights in your photo.

By responding #YESClarins, your photo may be visible to fans of Clarins branded products all around the world. In return you acknowledge that we have no obligation to pay you any money for the use of your photo as contemplated by these Terms of Use.

WHAT IF I CHANGE MY MIND?

You may revoke the rights you grant to us under these Terms of Use at any time by deleting the Clarins-related hashtag, the photo itself or by sending us an email to CustomerCare.AU@clarins.com. For photos used on the Clarins website you may click on the “report a photo” icon and promptly request the removal. We will use reasonable endeavours to stop using your photo as soon as practicable after receiving your request.

OUR LIABILITY

We will be liable for any direct loss or damage you suffer as a result of our breach of these Terms of Use.  However, to the full extent permitted by law, we will not be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; (ii) loss of profits, (iii) loss of business, contracts, goodwill, business opportunities; (iv)  loss of income, anticipated savings; (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to THE USE OF THE PHOTO AS CONTEMPLATED BY THESE TERMS OF USE, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Please note: all references to "Clarins", "we". "us" and "our" in these Terms of Use means Trimex Pty Ltd (ACN 001 198 787) and all members of the Clarins Group of companies.

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