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Subtl UGC Terms & Conditions

About these Terms and Conditions

These terms and conditions apply to our use of any words, pictures, images, data, information or any other ‘user-generated content’ (“Content”) that you upload, post or share using third-party websites or platforms including but not limited to Instagram, Facebook, Pinterest, YouTube, Snapchat, TikTok, and Twitter (the “Third Party Platforms”) and which we use on our website, in other marketing channels or in any Subtl Beauty owned social media platforms (“Subtl Beauty Media”). For further information please also read our Privacy policy.

Subtl Beauty/we/our/us in these terms refer to Subtl Beauty Limited, registered address: Subtl Beauty, 39 Terminal Way, Pittsburgh, PA 15219

If you have any further questions please contact us by emailing our Customer Service Team at hello@subtlbeauty.com.

Our Use of the Content

  1. From time to time, we, along with our authorized service providers, select Content in Third Party Platforms that we would like to use in Subtl Beauty Media.
  2. The Content selected and used by us will be in accordance with these terms and conditions.
  3. In order to be a selected participating contributor, you must be aged 18 years or over and have access to a valid and genuine Third Party Platform account
  4. It is not necessary to purchase anything from Subtl Beauty in order to contribute Content to Subtl Beauty Media.
  5. If we would like to use your Content in any Subtl Beauty Media, we will contact you on the relevant Third Party Platform to ask for your consent to use your Content. We will ask you to reply to us with the hashtag “#YesSubtl” if you agree to allow us to use your Content in Subtl Beauty Media. Once you have given your consent to us in this way, you agree to be bound by these terms and conditions as well as the terms of use of any relevant Third Party Platform.
  6. You must respond directly to us within the same chat, thread or by private message using the hashtag “#YesSubtl” in order to release the agreed Content to us. If we do not receive your response within 7 days from the date we contacted you, we will assume that you do not consent to our use of your Content and your Content will not be used by us in any Subtl Beauty Media.
  7. By consenting to our use of your Content, you:
    a. confirm that the Content is your original creation and not copied from third parties;
    b. acknowledge that your Content may appear on the Subtl Beauty Media;
    c. it is important to remember that UGC, and other materials submitted by you may be recorded and stored in multiple places, both on our site and elsewhere on the internet and are likely to be accessible (i.e. viewable) for a long time;
    d. grant Subtl Beauty and its affiliates a non-exclusive, worldwide, transferable, royalty-free, irrevocable, perpetual right and licence without compensation to use your Content as set out in these terms and conditions;
    e. confirm that you have all the rights necessary to allow us to use your Content;
    f. confirm that the creation and use of your Content in any Subtl Beauty Media complies with all applicable laws and regulations;
    g. warrant that your Content does not infringe or otherwise violate the copyright, trademark, trade, privacy or other intellectual property or other rights of any third party and that your Content is free from viruses and other malware; and
    h. waive any moral rights you may have in your Content, such as any right you may have to be named as the author of the Content or to protect the integrity of your Content.
  8. You give us your permission for us to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your Content or any part of it.
  9. If your Content is corrupted, inappropriate, illegible or otherwise not in accordance with these terms and conditions then we will not accept your Content.
  10. You accept that we may choose not to use your Content or to remove your Content from any Subtl Beauty Media at any time. You agree that you will not receive any payment or other remuneration if we use your Content in any Subtl Beauty Media.
  11. If you remove any of the Content you released to us from the Third Party Platform it was originally posted on, then it will be removed from the Subtl Beauty Media only where your and our Third Party Platforms are linked, subject to reasonable delays for technical reasons. If your Content is used by us on Third Party Platforms which are not linked and as a result your Content is not automatically removed from the Subtl Beauty Media, and you would no longer like your Content to be posted on the relevant Subtl Beauty Media, then please contact Our Customer Service Team to notify us of your request. Once notified, we will remove your Content within a reasonable timeframe.
  12. To the extent it is permitted by law to do so, we accept no liability for any damage, injury or loss suffered due to our use of your Content.
  13. We will only use personal information supplied by you for the purposes of posting your Content, unless you provide your consent for us to use your personal information for any other agreed purpose.
  14. Subtl Beauty reserves the right to alter these UGC Terms of Use without advance notice by posting a revised UGC Terms of Use. Accordingly, you should review the UGC Terms of Use each time you grant permission or authorization to feature your User Generated Content.

Miscellaneous

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

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

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

Date Updated: 9/27/2021