TERMS AND CONDITIONS FOR THE PUBLICATION AND USE OF USER-GENERATED CONTENT (UGC)

These terms and conditions (hereinafter, the “Terms”) govern the use of user-generated content by Passione Beauty S.p.A., with registered office at 36100 – Vicenza (VI), Viale F. Crispi n. 89/93, Tax Code and VAT No. IT10710530964 (hereinafter, the “Company”).

Consent to the uploading, publication or sharing of any text, photograph, video or other creative material (hereinafter, "User-Generated Content" or "UGC") on any platform, website, social network or mobile application managed by or attributable to the Company, implies the author’s (hereinafter, the "User") full and unconditional acceptance of these Terms.

1.1. The User represents and warrants that they are the sole author and/or the full and exclusive owner of all intellectual and industrial property rights in the UGC, in accordance with Italian Law No. 633 of 22 April 1941 (“Copyright Law”) and subsequent amendments and/or with the mandatory applicable law of the country in which the UGC are produced and/or granted in licence to the Company.

1.2. The User warrants that the UGC constitute original works and that their use by the Company, in accordance with the provisions of these Terms, does not in any way infringe the rights of third parties, including, by way of example and without limitation:

a) copyright and related rights;

b) trademarks, patents, trade secrets or other intellectual or industrial property rights;

c) rights to one’s image, name, honour, reputation and privacy;

d) any other personality rights or property rights of third parties.

1.3. The User further warrants that they have obtained all necessary authorisations and releases from any third parties (for example, persons depicted in the photographs or videos) whose rights may be affected by the publication and use of the User-Generated Content.

2.1. The User undertakes to indemnify and hold the Company, its parent companies, subsidiaries, affiliates, successors, officers, directors, employees and collaborators fully harmless from any claim, action, claim for damages, liability, cost or expense (including legal fees) that may be brought by third parties as a result of a breach of the representations and warranties given pursuant to Art. 1.

3.1. By uploading, publishing and/or sharing the UGC, the User grants the Company and its assignees a non-exclusive, perpetual, irrevocable, royalty-free, universal, transferable and fully sub-licensable licence to third parties.

3.2. This licence grants the Company the right, exercisable without any compensation or royalty being due to the User or to third parties, to:

a) use and commercially exploit the UGC, in whole or in part, by any means and on any medium or platform, whether currently known or yet to be invented;

b) reproduce, modify, adapt, translate, publish, distribute, perform, display to the public and create derivative works based on the User-Generated Content;

c) associate the UGC with the username, image or other identifying data provided by the User, for the purpose of identifying them as the author of the content, whilst respecting their right to authorship of the work.

3.3. The licence is granted for any purpose, including, without limitation, commercial, promotional, advertising and marketing purposes.

4.1. To the fullest extent permitted by applicable law, and without prejudice to the inalienability of certain moral rights, the User agrees not to object to any modifications, cuts or adaptations to the UGC that the Company deems necessary for editorial, publication or marketing purposes.

4.2. The User also waives any right to review or give prior approval of marketing or advertising materials that use the T&Cs.

5.1. These Terms are governed by Italian law.

5.2. The Court of Vicenza shall have exclusive jurisdiction over any dispute arising in relation to the interpretation, validity or enforcement of these Terms. This provision shall not apply where the User acts as a consumer; in such a case, exclusive territorial jurisdiction shall lie with the court of the place of residence or domicile of the consumer, pursuant to Article 66-bis of Legislative Decree 206/2005.