UGC Terms and Conditions (User Generated Content)
The words and expressions below, whether used in the singular or plural, have the following meaning:
Brand: the "VANESSA WU" brand
Site: Brand website published by Talaria, accessible at https://www.vanessawu.fr
UGC Page: web page with User Content, hosted on the Site and accessible at the following address https://www.vanessawu.fr/pages/vanessawufamily
User Content: all content, including photographs and videos, featuring Brand products, published on social networks, and designated by Users using the #vanessawufamily and/or the #vanessawu hashtag and/or the @vanessawu_official identification on Instagram
User: generator of User Content
Talaria: company registered with the RCS of Paris under number 811 488 576, whose registered office is located at 60 rue Amelot, 75011 Paris
Talaria wishes to select User Content to present on the Site as well as on all of the Brand's communication media. The purpose of these UGC General Terms & Conditions is to define the conditions and procedures for the selection and use of this User Content by Talaria.
It is specified that Talaria reserves the right to modify these UGC General Terms & Conditions at any time.
3. Selection of User Content
The User Content that Talaria chooses, at its sole discretion, is content that will highlight the Brand's products, and which corresponds to the Brand’s image and spirit. To be selected, the User Content must display at least one of the Brand’s products in a clear manner. User Content which is contrary to public order, morality, and legislation in force, or violent, dangerous, threatening, defamatory, offensive, hateful, discriminatory, profane, or pornographic in nature will not be selected.
Each time Talaria selects User Content, it will post a comment on the social network concerned. This will be for the attention of the User who originated the content using the official Brand account. The User will be invited to reply to this comment with the hashtag #yesvanessawu, which implies their agreement and their acceptance of these UGC General Terms & Conditions.
Once the User's consent has been given, the User Content selected by Talaria may be published on the UGC Page and used on the Brand's communication media. The User will be systematically credited when his User Content is published by Talaria.
4. Authorisation of use
By giving their consent under the conditions referred to in the aforementioned Article 3, the User grants Talaria and its right owners, and in particular its members:
- a non-exclusive licence to reproduce, represent, and adapt, directly or indirectly, all or part of the User Content, by any means and on any currently known or future media, and in particular the Internet, intranet, social networks, digital advertising media, media digital press, in particular press releases and brand books, and presentation brochures intended for customers. This licence will be for the purposes of communication on behalf of the Brand (in particular marketing, advertising, public relations) and the promotion of products marketed under the Brand. This licence is granted free of charge, for worldwide use, and for the entire legal term of User Content protection by copyright;
- the right to use the image of natural persons appearing on the User Content, by any means and on any currently known or future media, and in particular the Internet, intranet, social networks, digital advertising media, digital press media, in particular press releases press and brand books, presentation brochures intended for customers. This will be for the purposes of communication on behalf of the Brand (in particular marketing, advertising, public relations) and the promotion of products marketed under the Brand. This authorisation is granted free of charge, for worldwide use, and for a period of 5 (five) years after the User has given their consent to Talaria.
By giving their consent under the conditions referred to in the aforementioned Article 3, the User guarantees Talaria and its right owners, and in particular its members:
- that they own the copyright relating to its content, as well as any authorisations relating to the image rights of persons appearing on this content, including the agreement of those legally representing minors;
- that they are of legal age and able to grant the authorisations referred to in article 4 above.
In relation to the use of its content (as described above) the User explicitly agrees not to file any claim (including on behalf of third parties), of any kind whatsoever, against Talaria and/or its members, or any persons acting on their behalf or on behalf of the Brand.
6. Deletion of User Content
The Brand reserves the right, without notice and at its sole discretion, to delete the UGC Page and photos on the UGC Page, to not publish photos highlighting Brand products, even in the event of a #yesvanessawu response, or to request the removal of a photo containing the mention of the Brand's official account from any social network.
At any time, the User may request the deletion of a photo published on the UGC Page, by contacting the Brand's customer service team at firstname.lastname@example.org or by sending a private message to the Brand’s official account on the social network concerned.
7. Processing personal data
User personal data that may be collected in connection with the selection and use of User Content is subject to computer processing by Talaria. This data will be kept for as long as the User Content is published on the UGC Page and used on the Brand's communication media.
The controller is Talaria and access to the data will be strictly limited to the controller’s employees and its members.
In accordance with the applicable regulations, the User has a right of access, rectification, erasure, and portability of their data, as well as the right to oppose its processing for legitimate reasons. These rights may be exercised by contacting the data controller at the following postal or email address: email@example.com.
All disputes to which these UGC general conditions may give rise, concerning their validity, interpretation, execution, resolution, consequences, and follow-up, will be submitted to the competent court within the jurisdiction of the Paris Court of Appeal.