TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Welcome to the Syoss Gloss Sensation microsite which is currently located at syossgloss.com and forms part of the Syoss website ("Site") owned and operated by Henkel XY ("Promoter"). For further information about us and our contact details please see paragraph 12, Contact Us below.

1.2 We provide the Syoss Gloss Sensation Microsite platform and service ("Microsite") for you to publish photos of yourself with looks created (or which could be created) using Syoss Gloss Sensation hair products ("Your Content") and to allow other users to show their appreciation of Your Content by 'liking' Your Content and for you to do the same.

1.3 These terms and conditions ("Microsite Terms"), govern your use of Microsite (including all content that we make available through it) together with the Terms of Use, Privacy Policy and Cookie Policy applicable to the use of the Site generally ("Site Terms"). These Microsite Terms supplement the Site Terms and any references on this Site to the 'General Terms' includes these Microsite Terms.

1.4 Please read the Microsite Terms and Site Terms before using or posting to Microsite as by doing so you are agreeing to be bound by them. If you do not wish to be bound by what you read, you should not use, access or contribute to Microsite.

1.5 From time to time we operate competitions using Microsite. During periods that we operate such competitions, the content you contribute and the "likes" you provide on Microsite may constitute competition entries to which additional terms and conditions relating to the particular competition that is operated by us at the time will apply. If you do not wish to enter these competitions, please do not contribute content, provide any "likes" or otherwise use Microsite during these periods. Please visit the Competition Terms and Conditions page to check whether we are currently operating a competition via Microsite and, if so, details of the additional terms and conditions that will apply to your activity on Microsite.

1.6 If you have any queries or concerns regarding these Microsite Terms, please contact us at xxxx@Xxxxx.com

1.7 If you would like to request the removal of any content on Microsite, please contact us by email at xxxx@xxxxx.com. Before doing so, please see paragraph 10 headed Copyright Complaints and Other Content-Related Complaints for further details about making such requests.

2. ACCESSING AND CONTRIBUTING CONTENT TO MICROSITE

2.1 You do not need to register with Microsite to access and view content on Microsite. You are free to browse the pages of Microsite using a personal electronic device.

2.2 You must be 18 years of age or over to contribute Your Content to Microsite.

2.3 You may contribute Your Content to Microsite in the following way:

  • Direct Upload: you can use the direct upload feature provided to upload photos to Microsite after you fill in the requested information (e-mail address). You may upload only one photo with one email address. Provided you delete your uploaded photo, you may upload a new photo with the same e-mail address. This option is available only once.

2.4 You are required to use the latest versions of Firefox, Chrome, IE9+, iOS Safari and Android Chrome in order to access the site and utilize the full functionality including uploading your entries. Promoter takes no responsibility for entries submitted using un-supported browsers.

2.5 Please note that Your Content may not be immediately published on Microsite after you make a Direct Upload and we do not guarantee that Your Content will be published on Microsite.

2.6 Promoter may assure the visitors of Microsite the possibility of "liking" the uploaded photos. In such a case the rules of "liking" are as follows:

  • Before "liking" the visitor has to pick the phrase "I'm not a robot".
  • Visitors may "like" as many photos as they want to, nevertheless they may "like" a photo only once per day.

3. ABOUT CONTENT YOU AND OTHER USERS CONTRIBUTE TO MICROSITE

3.1 The rules that apply when contributing Your Content are set out below in this paragraph 3 ("Content Rules"). Your Content includes any photos and any other material we permit you to post, upload or otherwise contribute to Microsite by Direct Upload.

3.2 Obviously we positively encourage you to make full use of Microsite and in particular to contribute Your Content. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by these rules.

3.3 The following rules set out in paragraphs 3.4 and 3.5 apply when contributing Your Content to Microsite. Please see the section headed Disclaimer in the Terms of Use for details regarding our responsibility in respect of this and all other content submitted or made available via the Site.

3.4 Photo specifications. The photos that you upload should have minimum dimensions of 1.000 by 1.000 pixels 10MB or less, jpg or png. We recommend that the photos you upload are square as all photos will be cropped to square before they are published on Microsite.

3.5 Prohibited content. You must not:

  • post content (including naming the look) that is unlawful, obscene, vulgar, defamatory or threatening or that depicts violent or dangerous behavior;
  • post content that demeans a particular gender, sexual orientation, disability, religion, race, ethnicity or nationality;
  • post content that infringes the intellectual property rights or other rights of others. Such content can include but is not limited to images containing photos, drawings, videos, text (e.g. famous quotes) that you do not have permission to post. If you are in doubt about whether you have permission to post such content, please do not post it to Microsite.
  • post content containing any third party trade marks or logos;
  • post images of children (i.e. persons under the age of 18) or of anyone other than yourself;
  • post any content that compromises your privacy or safety or that of other users. In particular, except for photos of yourself, you may not post content that contains any of your or another person's personal data (e,g. name, address, date of birth) or financial or other confidential information;
  • post any content that contains the image or likeness of a celebrity or their name;
  • post or transmit any harassing, abusive, pornographic, hateful, or embarrassing images or other content (including any content containing nudity, sexually explicit material or swearing) as determined by us in our sole discretion;
  • modify or otherwise interfere with any other user's content;
  • post advertisements for, or solicitations of, business or that relates to any commercial activities;
  • post or transmit any files containing viruses or other harmful computer code or any files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including Microsite and the Site;
  • upload the same content more than once or "spam";
  • post any content which is not directly related to hairstyling and styling tips;
  • engage in any other conduct that restricts or inhibits any other person from using or enjoying Microsite, or which, in our judgment, exposes us to any liability or detriment of any type.

3.6 We reserve the right (but we are not obliged) to do any or all of the following:

  • store and/or record Your Content and communications that you provide to us;
  • nvestigate a claim that Your Content or any communication does not conform to the Content Rules or otherwise with the Microsite Terms and Site Terms and/or any applicable Competition Terms and Conditions and determine in our sole discretion what action to take in respect of such material;
  • delete without notice Your Content if it is abusive, illegal, disruptive, subject to a valid complaint by another user or that otherwise fails to conform with these Microsite Terms and/or the Site Terms;
  • monitor, edit, or disclose Your Content and any communication made via Microsite;
  • withhold from publication or remove any of Your Content or any communication(s) contributed to Microsite, whether or not such material breaches these Microsite Terms and/or the Site Terms; and
  • restrict your access to Microsite (e.g. by blocking your IP address) if you breach these Microsite Terms and/or the Site Terms.

4. USE OF YOUR CONTENT

4.1 When you contribute Your Content to us:

1.a) you give your consent to:

1.a.i) make Your Content available through Microsite and other websites or social media websites of our Syoss brand to users of those services;

1.a.ii) modify Your Content technically in the extent it is necessary to assure uniform appearance of the photos uploaded to Microsite (e.g. resizing).

1.b) you give your consent to every other user of Microsite unlimited, non-exclusive, non-terminable and free permission to view Your Content on Microsite using a personal electronic device for their own personal and non-commercial purposes only.

4.3 You declare that you have personally created Your Content and that you have obtained consent of any person that appears in Your Content equivalent to those set out in paragraph 4.1 above.

5. OUR CONTENT AND INTELLECTUAL PROPERTY

5.1 Our content includes the webpages on Microsite and the Site and the content found on or via them, including photos, text, databases, graphics, images, videos, software and all other features on or of Microsite and Site

5.2 Any download, republication, retransmission, reproduction or other use of our content is prohibited and constitute serious infringement of our rights and/or those of our licensors.

5.3 You must not scrape, harvest, retrieve or otherwise gather by electronic means any data or other content from Microsite or the Site, including in order to monitor, access, copy, create, acquire or compile - directly or indirectly, in single or multiple downloads - a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, robots or spiders, or any automatic devices, programs, algorithms or methodologies or otherwise without first obtaining our written permission.

5.4 You acknowledge that all copyright, trade marks and all other intellectual property rights in Microsite and in the content made available through it, shall at all times remain vested in us or our licensors. For further information on how you are permitted to use any content that you access from or via the Site, Please see the sections in the Terms of Use headed Lawful use, Copyright and Trade marks.

5.5 No permission is given to use any of the trade marks appearing on the Site, including without limitation our trade marks or those of our licensors.

6. YOUR PRIVACY AND USE OF COOKIES

6.1 We take your privacy very seriously. Please read our Privacy Policy and Cookie Policy to see how we use your personal information and for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

7. THIRD PARTY SERVICES, SOFTWARE AND E-STORES

7.1 You acknowledge that you may need to download and activate third party owned software in order to access selected content on Microsite and the Site and to register and use Instagram, a third party service provided by Instagram LLC.

7.2 In order to use such third party software or services you may have to accept the terms of use or a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software and services. Please visit the Instagram website at www.instagram.com for further details of the Instagram service and the terms and conditions at http://instagram.com/about/legal/terms/# (as may be amended from time to time) which will apply to your use of Instagram.

8. DISCLAIMER, INDEMNITY, GOVERNING LAW AND JURISDICTION AND OTHER LEGAL TERMS

8.1 Please see the sections headed Disclaimers and General use of website in the Terms of Use which contain additional important legal terms that apply to your use of Microsite and to these Microsite Terms.

9. CHANGES TO MICROSITE AND THESE Microsite Terms

9.1 We may make changes to Microsite and/or to these Microsite Terms from time to time in accordance with the Terms of Use. Please see the first page of our Terms of Use for further details.

10. INFORMATION CONNECTED TO PROCESSING OF DATA

10.1 By uploading your photo and/or providing us with any other personal data of yours (e.g. your e-mail address) you give your consent to the processing of these personal data by Henkel XY. The basis of the processing of your personal data is this above mentioned consent of yours.

10.2 The aim of processing the personal data you provide us by using Microsite is as follows:

(i) regarding your email address: to make it possible to utilize Microsite, namely, your email address is used to inform you whether your photo was approved or declined by us and your email address is used to identify you when you intend to delete or change your photo you had uploaded onto Microsite.

(ii) regarding your photo: the use of your photo as specified under Point 4 of this Terms of Use.

10.3 Henkel XY applies ... as data processor.

10.4 In order to find legal remedy in connection with the processing of your data you can turn to

10.5 You may revoke your consent specified in point 10.1 at any time, and you may request the erasure of your personal data, such as you may request information on your data stored by us and on the details of the processing of these data (...; ...).

11. COPYRIGHT COMPLAINTS AND OTHER CONTENT-RELATED COMPLAINTS

11.1 We respect the intellectual property rights of others, and we prohibit users of Microsite from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person's intellectual property rights.

11.2 If you would like to request the removal of Your Content or another user's content, please contact us by email at xxxx@xxxx.com. For example, you may request that we remove content from Microsite if you would like us to stop processing the personal data it contains (i.e. your image) or it infringes your copyright (see paragraph 10.3 below for further details regarding notifying us of copyright infringing content). Please note that the removal of Your Content from Microsite may affect the validity of your entry into any competition that we operate at the time of removal.

11.3 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement you can do so by email to the email address set out in paragraph 10.2. Please provide as much detail as possible including a description and location of the alleged infringing material on Microsite, details of the rights infringed and your ownership in respect of them (including, if applicable, additional identifying information such as, publication dates and website URLs) and contact details that we can use to reply to your notice.

12. GENERAL COMPLAINTS AND REQUESTS FOR FURTHER INFORMATION

12.1 If your content has been contributed to Microsite in error, or if you have any general complaints or wish to request further information about Microsite, please contact us via email at xxxx@xxxx.com or by post at the address in paragraph 12 below and we will do our best to resolve these

12. CONTACT US

This Site is owned by Henkel XY Country, a company incorporated in XY Country and whose registered office address is located at:

XXXXX Whole contact address XXXX

Our registered company number is XXXXX and VAT registration number is XXXXXX

Tel number: XXXXXX