Terms & Conditions
Welcome to Sleek MakeUP! Please take a few minutes to read these important terms and conditions ("Terms").
I. INTRODUCTION AND ACCEPTANCE OF THESE TERMS
These Terms govern your use of the online and offline offerings provided on this site by Sleek International Limited, including websites, mobile applications, Sleek MakeUP Content (as defined in Section 2), and other items ("Offerings"). We are registered in England and Wales under company number 3010545 and have our registered office at Nottingham, NG2 3AA. Our VAT number is 504 98 75 22.
Please visit the CONTACT US page, for ways to get in touch with us.
The Offerings are intended for use by users that reside in the United States of America ("U.S."), the United Kingdom of Great Britain and Northern Ireland (the "U.K."), and the Republic of Ireland which are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian). We advise parents or guardians who permit their children to use any of the Offerings that it is important that they communicate with their children about safety online. Minors who are using any interactive service should be made aware of the potential risks to them. If you are not the intended audience or you object to these Terms, you must not use our Offerings.
These Terms act as a binding agreement between you and us, and by accessing any Offerings in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, and damage and remedy exclusions and limitations, where permitted by applicable law. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR OFFERINGS (INCLUDING SLEEK MAKEUP CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE OFFERINGS.
II. CHANGES TO THESE TERMS AND THE OFFERINGS
From time to time we may update the Offerings and these Terms, and any changes are effective immediately when we post them. Your use of the Offerings after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
We may, in our sole discretion, and at any time, discontinue the Offerings or any part thereof, with or without notice, or may prevent your use of the Offerings with or without notice to you. You agree that you do not have any rights in the Offerings and that we will have no liability to you if the Offerings are discontinued or your ability to access the Offerings (including any content you may have posted) is terminated.
III OTHER TERMS THAT MAY APPLY TO YOU
In addition to these Terms, the following policies apply to your use of the Offerings:
The content, features and functionality made available to you may be subject to additional terms and conditions which we bring to your attention as applicable.
Also, as set out in Section VIII below, our products are sold by our retail affiliates and in some circumstances third party retailers. Your use of those sites, and any contracts concluded through or related to those websites, shall be governed by the terms and conditions published on those sites.
Your attention is also drawn to our Social Media Content Terms and Conditions, which apply when you have posted content (such as photos) on third party social media sites, and have separately given us permission to use that content.
IV. INFORMATION WE DISPLAY
We own or license all content contained within the Offerings, including without limitation, text, images, icons, data, software, trademarks, trade dress, and User Content (as defined in Section VI) (collectively, "Sleek MakeUP Content"), and you may access and use it solely for your own personal, non-commercial shopping and information purposes. Sleek MakeUP Content may be protected by domestic and international copyright, patent, trademark, rights in designs, and other rights, and all rights, titles, and interests are reserved by the respective owners. Save for as permitted by applicable law, the copying, publishing, broadcasting, modifying, distributing or transmitting any Sleek MakeUP Content in any way without our prior written consent is strictly prohibited.
While we work hard to provide a superior customer experience, we cannot guarantee that all Sleek MakeUP Content we display is correct, complete, or current, including product pricing, images, information, and availability.
If you believe any Sleek MakeUP Content (including User Content) infringes your copyright, please send us the following:
- a description and copy of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- if applicable, the physical, notarized signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above.
The above notice and information should be sent to us as follows:
|If in the U.S.:|
|If in the U.K. or Republic of Ireland:||The Boots Company PLC|
Group Intellectual Property
1 Thane Road
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs , attorney’s fees, and other legal fees. Furthermore, the individual who posted the material may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten (10) business days.
V. YOUR ACTIONS
To ensure a positive experience for all users, you agree that:
(i) you shall not use or exploit the Offerings for any purpose that is illegal, tortious, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another's privacy, harmful to the interests of our users, or inappropriate with respect to race, gender, sex, sexual orientation, ethnicity, national origin, age, disability or another intrinsic characteristic;
(ii) you shall not upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights;
(iii) you shall not collect or store personal data about other users;
(iv) you shall not reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Offerings (including any software we make available) for any purpose unless expressly approved by us in writing;
(v) you shall not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
(vi) you shall not undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Offerings, nor shall you use or exploit the Offerings in any way other than as expressly permitted by these Terms;
(vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and
(viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms.
Sections (i) through (viii) above collectively constitute "Prohibited Use".
To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Offerings (including User Content) at any time.
VI. USER CONTENT
You may be able to create or submit designs, artwork, photos, product reviews, written posts, and other content ("User Content") on or through the Offerings. You agree that: (i) you shall not display or furnish any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (ii) you shall not impersonate any person or organization (including us), or misrepresent an affiliation with another person or organization; and (iii) you shall not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, for U.S. residents, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111) or, for U.K. and Republic of Ireland residents, applicable consumer protection legislation.
By displaying, publishing, or otherwise posting any User Content on or through the Offerings, or by affirmatively agreeing to our online request to use your User Content (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all "moral rights" in the same.
You represent and warrant that (i) you own the User Content submitted, displayed, published, provided, or posted by you on the Offerings, or otherwise have the right to grant the license set forth herein, and (ii) your displaying, publishing, providing, or posting of any User Content you submit, and our use thereof in accordance with these Terms, does not and will not violate applicable law or any privacy, publicity, copyright, trademark, patent, contract or any other rights of any person or entity.
We have the right to:
- remove or refuse to post any User Content for any or no reason in our sole discretion; and
- take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Offerings or the public or could create liability for us;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Offerings; and
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Offerings. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
VII. USER ACCOUNTS
If the Offerings require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. Please visit the Contact Us page, for ways to get in touch with us.
We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
You further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Offerings or features therein. We may cancel and terminate or suspend any account at any time without notice. We assume no liability for any information removed from our Offerings, and reserve the right to permanently restrict access to the Offerings or a user account.
VIII. ONLINE PURCHASES
We do not sell any products through this website or mobile application (as applicable). Our products are sold by our retailer affiliates and, in some instances, third party retailers within your country, pursuant to the terms and conditions governing those sites (these may be our affiliates or third party retailers). Where we allow you to add products to your "basket", before purchasing the products you will be transferred to the relevant retailer’s website. This will either be the retailer with whom you have chosen to conclude the transaction or the exclusive retailer of the products in the country where you wish to purchase the products.
Your use of those sites, and any contracts concluded through or related to those websites, shall be governed by the terms and conditions published on those sites. With respect to U.S. consumers, prices, promotions, offers, and product availability may be subject to change without notice
Retail prices remain at the discretion of the relevant retailer at all times.
IX. MOBILE APPLICATIONS
If we make available for download a mobile application, these Terms constitute an end-user license agreement with respect thereto, and you agree to act in accordance with the end-user license agreements and policies made applicable by your wireless carrier and operating system software provider (including as listed within their respective app stores). You agree you are solely responsible for any costs incurred with accessing one of our mobile applications. You may be required to send and receive, at your cost, electronic communications related to the Offerings offered via our mobile applications, including without limitation, administrative messages, service announcements, diagnostic data reports, and updates. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of these Offerings. You are solely responsible for obtaining any additional subscription or connectivity Offerings or equipment necessary to access these Offerings, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through these Offerings. We may, at our discretion, automatically download updates to our mobile applications to your device from time to time. You agree that if you continue to use the Offerings, you accept these updates, and agree to pay for any costs associated with receiving them. Our mobile applications may not work with all devices or all mobile carriers.
If you download and use one of our mobile applications available through the Apple platform: you, the end-user of these Offerings, acknowledge that this agreement is entered into by and between you and us (or our affiliated entity listed as the owner of the app), and not with Apple, Inc., and Apple, Inc. is not responsible for the Offerings. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Offerings. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at https://www.apple.com/legal/macapps/dev/stdeula/). For purposes of this Agreement, our mobile application-based Offerings are considered the "Licensed Application" as defined in the LAEULA, and we (or our affiliated entity listed as the owner of the app) are considered the "Application Provider" as defined in the LAEULA. If any of the Terms herein conflict with the terms of the LAEULA, these Terms shall control. In the event of any failure of the Offerings to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Offerings, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Offerings (including, without limitation, a third party claim that the Offerings infringe that third party's intellectual property rights) or your use or possession of the Offerings, including but not limited to: (i) product liability claims; (ii) any claim that the Offerings fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
X. SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Offerings may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Offerings.
- Send e-mails or other communications with certain content, or links to certain content, on the Offerings.
- Cause limited portions of content on the Offerings to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Offerings or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Offerings other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
XI. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
We provide the Offerings (including, without limitation, all Sleek MakeUP Content, User Content, and other content whatsoever) as a service to you. THESE OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, SATISFACTION, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE OFFERINGS ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY US. YOU AGREE THAT YOU USE THESE OFFERINGS AT YOUR SOLE RISK.
THESE OFFERINGS ARE MADE AVAILABLE TO USERS IN THE U.S., U.K., AND THE REPUBLIC OF IRELAND, AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE OFFERINGS ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE OFFERINGS SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR OFFERINGS (INCLUDING SLEEK MAKEUP CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE THEREUPON. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE OFFERINGS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASE IN THE APPLICABLE TRANSACTION, IF ANY, WHERE PERMITTED BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ("DAMAGES"), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, OFFERINGS, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR OFFERINGS (INCLUDING SLEEK MAKEUP CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OFFERINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CATEGORIES OF LOSS OR DAMAGE; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY, U.S. TO THE EXTENT DAMAGES TO SUCH NEW JERSEY, U.S RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLEEK MAKEUP, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE OFFERINGS OR VIOLATIONS OF THESE TERMS.
XII. DISPUTE RESOLUTION
If a dispute ever arises between us, please Contact Us.
For Consumers in the U.S:
These Terms, including all other terms and policies referenced herein, and shall be construed in accordance with the laws of the State of Illinois, without respect to its conflict of laws rules.
If we cannot resolve the a dispute between us informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration (where permitted by applicable law), rather than in court, except that you may assert claims in small claims court, if your claims qualify ("Agreement to Arbitrate").
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms. A form for initiating arbitration proceedings is available on the AAA's website. The arbitration shall be held in the country and province/county in which you reside. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Sleek MakeUP users, but is bound by rulings in prior arbitrations involving the same Sleek MakeUP user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded shall not affect our other users.
You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice ("Opt-Out Notice") within 30 days after the date you first access the Offerings or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number, and any email address(es) used to log in to any applicable account(s) to which the opt-out applies. If you reside in the U.S., you must mail the Opt-Out Notice to Walgreens, Attn: Litigation and Regulatory Law Department, 104 Wilmot Road, MS 1431, Deerfield, IL 60015. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other provisions of this Section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of these Offerings or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
For Consumers in the U.K.: These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
For Consumers in the Republic of Ireland: These Terms are governed by Irish law and you can bring legal proceedings in respect of the Offerings in the Irish courts.
XIII. ADDITIONAL TERMS
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Offerings. In the event of any inconsistencies between these Terms and the policies referenced therein, these Terms shall control. Our failure to exercise or enforce any terms herein shall not constitute a waiver, and if we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Offerings. If these Terms or your permission to use the Offerings is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Offerings and anything relating to or arising from such use. These Terms, including any or all rights and obligations hereunder, may be freely assigned or transferred by us, but not by you. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing. If any specific part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such specific part alone (and not any unrelated portions) shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.
XIV. Sleek User Generated Content Policy - #yessleekmakeup and @sleekmakeup Terms and Conditions
These Terms and Conditions apply when you have posted content (such as photos) on third party social media sites.
The Boots Company plc has requested to use the image/video and other content (for example, comments, text, handles) which features you or which is your work or property (“Content”). By responding to our request with @sleekmakeup and hashtag #yessleekmakeup you agree to the following:
In consideration of The Boots Company plc publicising your Content, you hereby agree to the provisions of this agreement.
You agree to grant The Boots Company plc and its associated companies, subsidiaries, employees, agents, licencees and assigns (hereinafter referred to as “Boots”), an irrevocable, perpetual, royalty-free and unrestricted right to use, sub-licence, transfer, copy, distribute, store, adapt, reproduce, modify, publish, display, and create derivative works of the Content or any parts thereof, including your image and likeness as depicted therein, throughout the world for the following purposes:
advertising and promotional purposes;
commercial and non-commercial purposes; and / or
any other purposes.
You affirm, represent and warrant that you have the power and authority to grant the licence in paragraph 2 above.
For the avoidance of doubt, Boots is under no obligation to use any Content you have responded to with @sleekmakeup and hashtag #yessleekmakeup. Boots may also remove the Content for any reason.
You understand that licence in paragraph 2 means that all of the Content (including your or anyone else’s image and likeness as depicted therein) may be used by Boots in any manner throughout the world in any medium, including without limitation, printed publications, digital displays, presentations, promoted materials, television, cinema or the internet, including but not limited to Boots and its brands websites (including their online gallery), Apps and social media channels as well as in emails sent to its or their customer databases and in Boots retail stores (“Medium”), in their original format or edited or altered in any way which Boots deems appropriate.
You acknowledge and agree that other users of any of the Medium (including without limitation individuals and companies) can also share and make your Content available on social media platforms or other marketing services. Without limitation, in particular a user can share the Content directly from the gallery on the Boots / its brands’ website, or Twitter, Instagram, Facebook or other social media accounts, and if they are accessing the gallery on their mobile device can share Content via Whatsapp. If you do not want to grant the permissions set out above then please do not submit @sleekmakeup and hashtag #yessleekmakeup in response to our request.
By responding to our request with @sleekmakeup and hashtag #yessleekmakeup, you confirm and warrant the following:
You are the only author of the Content and that it is your original work;
You are the sole copyright holder of the Content;
You have not licensed or granted any rights in the Content that will conflict with the usage / image rights required by Boots ;
You are aged 18 or over;
Where image or likeness in the Content is that of another person, you have the permission of any persons whose image or likeness is depicted in the Content (or if they are under 18, the consent of their parent or guardian) or are otherwise authorised to give consent on behalf of such persons to the use of their image or licence in accordance with these terms;
The Content does not include and will not breach any other intellectual property rights or other rights of any other third person or entity, and is not unlawful or illegal;
The Content does not breach any contract or duty of confidence, constitute contempt of court or defame any party; and
The Content does not contain names, likenesses, or other characteristics identifying celebrities or other public figures, living or dead.
You shall be responsible for any claim made by any third party in respect of your Content and shall fully indemnify Boots in respect of all royalties, fees and any other monies owing to any person or entity by reason of your breaching the terms of this agreement.
Uploading of photographs of pornographic, profane, sexist, defamatory, vulgar and racist nature are prohibited and you confirm and warrant that your Content does not breach this provision. Furthermore, Boots reserves the right to delete such Content.
You agree to waive (or to the extent that you cannot waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of the Content.
In relation to personal data in the Content, or which you provide to us, you consent to Boots, that Boots may:
store copies of the Content, and any contact details you provide for the purpose of contacting you;
transfer to (and store) copies of the Content, and your contact details, to a destination outside the European Economic Area (“EEA”) and in the United States;
share the Content and your contact details across Boots and with third parties who need this to be able to provide services to us, such as TINT;
Please note that you have the right to withdraw your consent for Boots to process your personal data at any time. If you wish to do this then please contact GDPR.GCB@Boots.co.uk We will take reasonable steps to remove your personal data as soon as reasonably practicable (for example, from our website), but please be aware that if we have already used your personal data in other media (e.g. your image in published materials) then we would not be able to retract use of your Content in this way. However, we would not make any new use of your Content once you have withdrawn your consent.
12. The terms of this agreement shall be governed by and construed with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
13. If any provisions of this agreement shall be held illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and unenforceability of the remainder of this agreement in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of this agreement shall not be affected in any other jurisdiction.
14. If you respond with @sleekmakeup and hashtag #yessleekmakeup you will be deemed to have accepted these terms and to agree to be bound by them.
15. The Boots Company plc is a company registered in England and Wales with company number 27657 and registered office situated at Nottingham NG2 3AA.
By agreeing to the Terms and Conditions you are allowing Boots and TINT to collect your personal information such as your social media content for the purposes of participating in a Boots campaign. Your personal data will be stored for as long as necessary unless we are required to hold it for longer for legal reasons.
Copyright 2017, The Boots Company PLC. All rights reserved.
Nottingham, NG2 3AA, United Kingdom
Registered in England: company number 27657.
email@example.com These Terms were last updated on March 2021.