UGC TERMS AND CONDITIONS

UGC TERMS AND CONDITIONS FOR BIOTHERM INT. WEBSITE

1. IP right request to be send to consumers:

Biotherm: We at Biotherm love your photo/video and would love to feature it in any advertising, PR or marketing material (print/POS/media/online), brand/third party websites (including Biotherm and retailer sites) and on brand/third party social channels (e.g. Facebook and Instagram) and elsewhere as set out in our T&Cs. Reply with #OkBiotherm to give us permission. By doing so, you agree to our Terms & Conditions and to us using the personal information in your post as set out in our T&Cs. You can change your mind about us using your personal information, by contacting us at the contact information referenced in our Terms & Conditions.

2. Biotherm Int. website – UGC Terms & conditions :

BIOTHERM USER GENERATED CONTENT TERMS AND CONDITIONS:

By responding #OkBiotherm you agree to the following Terms and Conditions:

Biotherm hashtags/handles: ##OkBiotherm, #Biotherm #WaterLover or other hashtags used by Biotherm to collect content from time to time, @Biotherm (the “Hashtag(s)”).

BIOTHERM‘S LICENSE RIGHT OF USE

You grant to Prestige et Collections International, a société en nom collectif company, with capital of 75.595 EUR, having its registered offices at 16 Place Vendome, Paris (75001), France, registered with the Paris Registry of Trade and Companies under number 334 171 113, and its affiliates and/or related entities on behalf of the Biotherm brand (collectively “Biotherm”) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use, store, reproduce and communicate your video(s), photo(s), post(s) and/or other content posted to social media channels, including but not limited to Instagram, TikTok, Snapchat, YouTube, Facebook, X or Google+, which was specified in the Biotherm’s cover message to you, together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content (“User Content”) that you have tagged with any of the above Hashtag(s) or collected otherwise by Biotherm in any format, including but not limited to: (i) any advertising, PR or marketing material (Print, POS, media or online); (ii) educational material; (iii) brand internal material; (iv) on brand or third party websites (e.g. retailer websites) and (v) on brand or third party social channels (e.g. retailer social channels) including Facebook, Instagram, X, YouTube, Snapchat or similar.

This right to use the User Content is granted for the entire legal duration of intellectual property rights, and in particular of the copyright as defined by French and foreign laws and international conventions.

You grant Biotherm the right to use your username, real name, image, likeness or other identifying information in connection with any use of your User Content. This right to use the personality rights is granted for a period of five (5) years for the same media as those detailed in the above provision.

Biotherm may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the User Content for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever.

You confirm and agree that: (i) you own all the rights in the User Content and/or that you have permission from any person(s) appearing in the User Content to grant the rights herein; (ii) you and all other person(s) appearing in the User Content are not under 18; and (iii) Biotherm’s use of your User Content will not break any law or violate the rights of a third party. Biotherm has the right to disclose your identity to any third party who claims that the User Content infringes their rights.

If your User Content contains an endorsement or testimonial of our products or services, you further agree that it is a true and accurate expression of your honest belief based on use of Biotherm products and that you have disclosed receipt of any free product or incentives in exchange for providing your User Content.

You warrant that your User Content does not misleadingly exaggerate the effect any Biotherm product(s) are capable of achieving (whether through pre-production techniques (including hair extensions etc.) or post-production techniques (including filtering, retouching or editing etc.).

You warrant that your User Content is not subject to any exclusivity arrangements with any other hair or beauty manufacturer or supplier.

You acknowledge and agree that the User Content could be subject to “viral” communication (word-of-mouth communication) on third party websites and that Biotherm will not be liable for any claim or action in this regard.

You consent to Biotherm’s collection of any personal information you provide, and Biotherm’s use and disclosure of that personal information in connection with the use of your User Content as described above. Your personal information may be transferred to or accessible from outside the EEA, and may be shared with affiliates or other trusted third parties working on Biotherm’s behalf. By posting your User Content with any Hashtag(s) or otherwise providing Biotherm with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Terms and Conditions, Biotherm’s privacy policy and applicable data protection laws and regulations.

You will not hold Biotherm, or any person acting on Biotherm’s behalf, responsible for any claims or demands in connection with the use of your User Content.

You accept that Biotherm will not pay you for the use of your User Content and/or for any intellectual property rights connected with it.

You accept that Biotherm may refuse to use or remove your User Content for any reason.

If you change your mind about sharing your User Content, or you do not want Biotherm to contact you about User Content again (note, there will be times that we may need to contact you such as if there are any legal or regulatory claims relating to your User Content), you can opt out by contacting us through the Contact us from accessible here.

UPDATE OF THE TERMS AND CONDITIONS

These Terms and Conditions may be updated regularly by Biotherm: please review them each time Biotherm wishes to use your Content prior to giving your authorization. To the extent authorized by law, these Terms and Conditions are subject to all countries laws and any dispute arising hereunder shall be subject to the jurisdiction of the competent courts in Paris.

MISCELLANEOUS

These Terms and Conditions apply to the entire Site and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the L’Oréal Group Sites, you also will be subject to additional terms of use, agreements, guidelines or rules provided by L’Oréal Group applicable to such Sites and User Content, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by L’Oréal Group.

These Terms and Conditions are personal to you and may not be assigned or transferred by you for any reason whatsoever without L’Oréal Group’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Biotherm does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which Biotherm has the benefit of under any applicable law), this will not be taken to be a formal waiver of Biotherm’s rights and that those rights or remedies will still be available to Biotherm.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions are invalid, then that provision will be removed without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.

3. UGC Gallery notice:

The following shall be included below UGC Gallery on the website.

Biotherm makes no representations that results depicted are achievable, as content may have been altered by users. Biotherm disclaims any liability for the accuracy, integrity, legality or quality of the user-generated content in this gallery.