USER GENERATED CONTENT

TERMS & CONDITIONS

 

THANK YOU FOR CONSIDERING MILANI’S REQUEST! By responding with the provided hashtag, you are agreeing to the following User Generated Content (UGC) Terms and Conditions. Please review them carefully. Briefly:

 

• You and all individuals appearing in the Content are at least 18 years of age;

• You are the owner of the Content or have rights from the owner;

• You are granting Milani and its affiliates the right to use your Content in connection with its website, social media platforms and retailer channels, indefinitely; and

• You have the authority to enter into this agreement.

 

User Generated Content

New Milani Group LLC (“Milani”) has requested your permission to feature your Content on our website, social media platforms, emails, retail partner channels and more.  "Content" may include, without limitation, photographs, texts, videos, audio or visual materials, handle or account name, information, images, graphics, or combinations thereof.  We need the legal right to host, publish, transmit and/or share your Content which is subject to these UGC Terms and Conditions, as well as, Milani’s Terms of Use and Privacy Policy which are incorporated herein in their entireties. Please take a moment to review this information.

Milani does not own your Content; however you are granting Milani and its affiliates a non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, reformat, publish, broadcast, distribute and otherwise utilize your Content in whole or in part for commercial, advertising, publicity and marketing activities in any media for and any form. This includes, but is not limited to, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, and emails. When we use your Content it may or may not identify you, your property, or both.  Milani may also elect to display or utilize your handle, your byline or associated geographic or location information.  By approving the use of the Content, you waive any right to review, inspect or approve the use of the Content in any format or media, whether that use is known to you or not and any right to royalties or other compensation arising from or related to the use of the Content.

You represent and warrant that you are at least 18 years old or the age of majority, whichever is older, in your state of residence, as is everyone else appearing in the Content.  You are the copyright owner of the 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 Content. You further represent and warrant that the Content does not infringe, misappropriate, or violate any valid right of any third party.  Specifically, that the Content has not been adapted from any other work, nor has material from any other work been copied and used in the Content.  And finally, you represent and warrant that no part of the Content is defamatory or otherwise violates the privacy or publicity rights of any third party.

 

            You release Milani, its employees, agents, successors, licensees and assigns from any and all claims you may have in connection with Milani’s rights granted above, including, but not limited to, any claims for defamation; violation of any moral or artist rights; and/or any right of privacy or publicity. You have also obtained written releases of all rights of privacy and publicity from all individuals included in any way in the Content, and no payment of any kind is due to any third party for the Use of the Content as set forth herein.

 

Indemnification

You hereby agree to defend, indemnify and hold Milani and its respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of the Content, your breach or alleged breach of these UGC Terms and Conditions, including any of your warranties, representations or agreements hereunder, your violation of Laws, or your violation of any rights of another person or entity.

 

Infringement

If you believe any Content violates any of the terms of this Agreement including copyright infringement, please email us at customerservice@milanicosmetics.com.

 

Miscellaneous

These UGC Terms and Conditions are governed by the laws of the State of California. Any controversy, claim or dispute arising out of or relating to this Agreement shall be finally settled by arbitration in Los Angeles County, California under the rules of the American Arbitration Association (AAA) in force at the time of the arbitration before one arbitrator and judgment upon the award rendered may be entered in any court having jurisdiction.  You submit to the personal subject matter jurisdiction of the State of California.  The arbitration provisions of this Section shall be interpreted according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights shall be brought exclusively in the U.S. District Court for the Central District of California.  EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.