Social Media Content Policy
User Generated Content Policy - #YesEsensi and @esensiskincare Terms and Conditions
These Terms and Conditions apply when you have posted content (such as photos) on third party social media sites.
Esensi Skincare Ltd 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 @esensiskincare and hashtag #YesEsensi you agree to the following:
1. In consideration of Esensi Skincare Ltd publicising your Content, you hereby agree to the provisions of this agreement.
2. You agree to grant Esensi Skincare Ltd and its associated companies, subsidiaries, employees, agents, licencees and assigns (hereinafter referred to as “Esensi”), 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:
a) editorial purposes;
b) trade purposes;
c) advertising and promotional purposes;
d) commercial and non-commercial purposes; and/or
e) any other purposes.
3. You affirm, represent and warrant that you have the power and authority to grant the licence in paragraph 2 above.
4. For the avoidance of doubt, Esensi is under no obligation to use any Content you have responded to with @esensiskincare and hashtag #YesEsensi. Esensi may also remove the Content for any reason.
5. 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 Esensi 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 Esensi 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 Esensi retail stores (“Medium”), in their original format or edited or altered in any way which Esensi deems appropriate.
6. 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 Esensi 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 @esensiskincare and hashtag #YesEsensi in response to our request.
7. By responding to our request with @esensiskincare and hashtag #YesEsensi, you confirm and warrant the following:
a) You are the only author of the Content and that it is your original work;
b) You are the sole copyright holder of the Content;
c) You have not licensed or granted any rights in the Content that will conflict with the usage / image rights required by Esensi ;
d) You are aged 18 or over;
e) 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;
f) 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;
g) The Content does not breach any contract or duty of confidence, constitute contempt of court or defame any party; and
h) The Content does not contain names, likenesses, or other characteristics identifying celebrities or other public figures, living or dead.
8. You shall be responsible for any claim made by any third party in respect of your Content and shall fully indemnify Esensi 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.
9. 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, Esensi reserves the right to delete such Content.
10. 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.
11. In relation to personal data in the Content, or which you provide to us, you consent to Esensi, that Esensi may:
a) store copies of the Content, and any contact details you provide for the purpose of contacting you;
b) transfer to (and store) copies of the Content, and your contact details, to a destination outside the European Economic Area (“EEA”); and
c) share the Content and your contact details across Esensi services and with third parties who need this to be able to provide services to us;
Please note that you have the right to withdraw your consent for Esensi to process your personal data at any time. If you wish to do this then please contact us at firstname.lastname@example.org. 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 @esensiskincare and hashtag #YesEsensi you will be deemed to have accepted these terms and to agree to be bound by them.
15. Esensi Skincare Ltd is a company registered in England and Wales with company number 10783768 and registered office situated at Ponteland NE20 9RH.
By agreeing to the Terms and Conditions you are allowing Esensi to collect your personal information such as your social media content for the purposes of participating in a Esensi campaign. Your personal data will be stored for as long as necessary unless we are required to hold it for longer for legal reasons.