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NARS COMMUNITY - TERMS OF USE

NARS COMMUNITY - TERMS OF USE

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

1.    What's in these terms?

1.     These terms and conditions (the “NARS Community Terms”) apply to the use of our NARS Community (the “NARS Community”, the “Site”) and set out the content standards that apply when you upload content to our Site, make contact with other users on our Site, link to our Site, or interact with our Site in any other way.

2.     Click on the links below to go straight to more information on each area:

1) What’s in these terms?

2) Who we are and how to contact us

3) By using our Site you accept these terms

4) There are other terms that may apply to you

5) We may make changes to the terms of this policy

6) Access to our Site

7) Your account with us

8) Prohibited uses

9) Promotions

10) Interactive services and user content             

11) Content standards

12) Rights you are giving us when you upload materials or posts

13) How we may use your personal information

14) Our intellectual property rights

15) Breach of this policy

16) How this contract can be transferred

17) Do not rely on information on our Site

18) Links from our Site

19) Our responsibility for loss or damage suffered by you

20) We are not responsible for viruses and you must not introduce them

21) Jurisdiction and applicable law

 

1.    Who we are and how to contact us

1.     The NARS Community site at https://community.narscosmetics.co.uk/app/578/channel/home-1535 is a site operated by Shiseido UK Limited, the exclusive distributor of the NARS brand in the United Kingdom  (“NARS”, "We", “Our”). We are registered in England and Wales under company number 02797273  and have our registered office at Shiseido UK Limited, 6th Floor 1 Kingsway, London WC2B 6AN.

2.     We are a limited company.

3.     To contact us, please email contact@narscosmetics.co.uk or telephone our customer service line on +442038100750.

 

2.    By using our Site you accept these terms

1.     By using our Site, you confirm that you accept the terms of this policy and that you agree to comply with them.

2.     If you do not agree to these terms, you must not use our Site.

3.     We recommend that you print a copy of these terms for future reference.

 

3.    There are other terms that may apply to you

1.     Our Privacy Policy can be found at https://www.narscosmetics.co.uk/en/privacy.html  This sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

2.     Our Cookie Settings tool can be found in the footer of our website. This sets out information, and gives you choices, about the cookies on our Site.

 

4.    We may make changes to the terms of this policy

1.     We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 14/09/2022. Your use of our Site following any amendment constitutes your agreement to follow and be bound by these Community Terms as amended. If at any time you do not wish to accept the Community Terms, you may not use our Site.

2.     We may update and change our Site or any Content from time to time. We will try to give you reasonable notice of any major changes however we have no liability to you for any failure by us to notify you of any changes to our Site or content. If the need arises, we may suspend access to our Site, or close it indefinitely.

 

5.    Access to our Site

1.     Our Site is made available free of charge. Access to our site is permitted on a temporary basis.

2.     We do not guarantee that our Site, or any content, will always be available or be uninterrupted and will not be liable if, for any reason, our Site is unavailable at any time or for any period. We reserve the right to amend, suspend, withdraw or restrict the availability of all or any part of our Site, the Content or your access to the Site without notice. We will try to give you reasonable notice of any suspension or withdrawal.

3.     You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Community Terms and other applicable terms and conditions, and that they comply with them.

 

6.    Your account with us

1.     Membership to the Community is restricted to private individuals only. Users must be at least 16 years and must not be an employee, or immediate family member of an employee of NARS or its affiliated companies, or any third party directly associated with the provision of the Community.

2.     For your own personal protection you must keep your user login details and password safe and treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user login and password or delete your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Community Terms.

3.     If you know or suspect that anyone other than you knows your login details or password, you must promptly notify us at contact@narscosmetics.co.uk.

 

7.    Prohibited uses

1.     You may not use our Site:

                                                     i.     In any way that breaches any applicable local, national or international law or regulation.

                                                   ii.     In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

                                                  iii.     For the purpose of harming or attempting to harm minors in any way.

                                                  iv.     To bully, insult, intimidate or humiliate any person.

                                                   v.     To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Community Guidelines https://community.narscosmetics.co.uk/app/578/customPage/209.

                                                  vi.     To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

                                                 vii.     To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

                                               viii.     To upload terrorist content.

2.     You also agree:

                                                     i.     Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of website use.

                                                   ii.     Not to access without authority, interfere with, damage or disrupt:

1.     any part of our Site;

2.     any equipment or network on which our Site is stored;

3.     any software used in the provision of our Site; or

4.     any equipment or network or software owned or used by any third party.

 

8.    Promotions

1.     We may offer and advertise promotions, vouchers, and prize competitions on our Site from time to time ("Promotions"). Any specific terms and conditions relating to these will be referenced on the relevant promotion post or content on our Site. To the extent that the terms of a Promotion directly conflict with these Community Terms (for example with regards to the transfer of intellectual property rights for Content submitted as part of a Promotion), the terms of the Promotion will take precedence.

 

9.    Interactive services and user content

1.     We may from time to time provide interactive services on our Site, including, without limitation, video-sharing facilities, chat rooms, bulletin boards, any other pertinent interactive services.

2.     Information and materials posted or sent by others on these interactive services have not been verified or approved by us. The views expressed by other users on our Site are their own and do not represent our views or values.

3.     Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

4.     We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

5.     Any comments, images, videos or other material, which are posted or sent on or through these interactive services on our Site ("Content"), including by you, must comply with the Community Guidelines at all times https://community.narscosmetics.co.uk/app/578/customPage/209. We reserve the right to remove any Content which, in our opinion, does not comply with these Community Guidelines. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Community Guidelines, whether the service is moderated or not. If you wish to complain about information and materials uploaded by other uses please contact contact@narscosmetics.co.uk.

6.     NARS will moderate our Site and reserves the right to remove, at its sole discretion:

                                                     i.     In the galleries:

1.     Screenshots / GIFs / photos of too low quality;

2.     Products from other brands;

3.     Promotional offers from other sites;

4.     Inappropriate photos;

5.     Off-topic photos.

                                                   ii.     In discussion groups:

1.     Content that is relevant to the theme of the group.

2.     Photos which do not have a description, including but not limited to screenshots of products.

3.     Posts promoting other brands.

4.     Posts with non-original or plagiarised content, including content from other sites which is not credited.

5.     Inappropriate content.

7.     The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

8.     You may not use the Community or our Site for any purpose relating to direct marketing. You may not use the Community or our Site as a means of advertising, promoting or endorsing (or furthering the advertisement, promotion or endorsement) of any product, services or brands not affiliated with us.

 

10. Content standards

1.     These content standards apply to any and all material which you contribute to our Site (Contribution), and to any interactive services associated with it.

2.     The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

3.     NARS  will determine, in its discretion, whether a Contribution breaches the Content Standards.

4.     A Contribution must:

                                                     i.     Be accurate (where it states facts).

                                                   ii.     Be genuinely held (where it states opinions).

                                                  iii.     Comply with the law applicable in England and Wales and in any country from which it is posted.

5.     A Contribution must not:

                                                     i.     Be defamatory of any person.

                                                   ii.     Be obscene, offensive, hateful or inflammatory.

                                                  iii.     Bully, insult, intimidate or humiliate.

                                                  iv.     Promote sexually explicit material.

                                                   v.     Include child sexual abuse material.

                                                  vi.     Promote violence.

                                                 vii.     Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

                                               viii.     Infringe any copyright, database right or trade mark of any other person.

                                                  ix.     Be likely to deceive any person.

                                                   x.     Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

                                                  xi.     Promote any illegal content or activity.

                                                xii.     Be in contempt of court.

                                               xiii.     Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

                                               xiv.     Be likely to harass, upset, embarrass, alarm or annoy any other person.

                                                xv.     Impersonate any person or misrepresent your identity or affiliation with any person.

                                               xvi.     Give the impression that the Contribution emanates from NARS, if this is not the case.

                                              xvii.     Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

                                            xviii.     Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

                                               xix.     Contain any advertising or promote any services or web links to other sites.

6.     For the avoidance of doubt, for any Contribution in the form of video content:

                                                     i.     You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).

                                                   ii.     You must not upload a video containing harmful material.

                                                  iii.     You must not upload a video containing advertising for any of the following:

1.     cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or

2.     for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.

7.     Any advertising included in a video you upload must not:

                                                     i.     prejudice respect for human dignity;

                                                   ii.     include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

                                                  iii.     encourage behaviour prejudicial to health or safety;

                                                  iv.     encourage behaviour grossly prejudicial to the protection of the environment;

                                                   v.     cause physical, mental or moral detriment to persons under the age of 18;

                                                  vi.     directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

                                                 vii.     directly encourage such persons to persuade their parents or others to purchase or rent goods or services;

                                               viii.     exploit the trust of such persons in parents, teachers or others; or

                                                  ix.     unreasonably show such persons in dangerous situations.

8.     You must use the functionality provided on our Site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

 

11. Rights you are giving us when you upload materials or posts

1.     By posting or sending any Content on our Site, you:

                                                     i.     confirm that you have the right to post the Content on our Site;

                                                   ii.     confirm the Content you post does not infringe any third party intellectual property rights; and

                                                  iii.     you grant NARS a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such Content for any legitimate business reason that we see fit, including for marketing, business development and internal administrative purposes, and/or to incorporate such Content together with your username/name and location into any form, medium or technology, including (but not limited to):

                                                  iv.     on all electronic, IT, digital, multimedia and internet media including our Site or social media pages and other online presences;

                                                   v.      on all advertising media both online and offline;

                                                  vi.     on internal NARS communications within the Shiseido group;

                                                 vii.     for corporate, financial communication and public relations communications and disclosures;

1.     on retailer-and client-facing media.

12. How we may use your personal information

1.     We will only use your personal information as set out in our Privacy Policy.

2.   For the interactive Community Platform, we can access your data as necessary for the validation of point rewards (i.e. Bazaarvoice reviews, social media engagement, online purchases)

3.  This data is stored on TokyWoky servers (the host provider of the NARS community platform) located in the Netherlands.

4.  The data is retained for: 

      i. 3 years for community members;

      ii. 3 weeks for non-community members.

 

13. Our intellectual property rights

1.     We are the owner or the licensee of all intellectual property rights in our Site and in any content published on it, including any Content that you post. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

2.     You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.     Our status (and that of any identified contributors) as the authors of Content on our Site must always be acknowledged.

4.     You must not use any part of the Content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

5.     If you print off, copy or download any part of our Site in breach of these Community Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

14. Breach of this policy

1.     When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. 

2.     Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

                                                     i.     Immediate, temporary or permanent withdrawal of your right to use our Site.

                                                   ii.     Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.

                                                  iii.     Issue of a warning to you.

                                                  iv.     Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

                                                   v.     Further legal action against you.

                                                  vi.     Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

3.     We exclude our liability for all action we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

15. How this contract can be transferred

1.     We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

 

16. Do not rely on information on our Site

1.     The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

2.     Although we make reasonable efforts to update the information on our Site, content on our Site may be out of date at any given time. We make no promises and provide no assurances that the content on our Site is accurate, complete or up to date.

 

17. Links from our Site

1.     Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

2.     We may, at our sole discretion, remove any third party links, including any third party links that you post on our Site.

 

18. Our responsibility for loss or damage suffered by you

1.     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Community Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.

2.     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

3.     Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.     To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all liability for any direct, indirect or consequential loss or damage; any other loss or damage caused by tort including negligence; or for any damage, loss, liabilities, injury or disappointment incurred or suffered incurred, by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it.

 

19. We are not responsible for viruses and you must not introduce them

1.     We do not guarantee that our Site will be secure or free from bugs or viruses.

2.     You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

3.     We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

4.     You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

5.     By breaching this provision in relation to virus and trojan worms etc., you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. You will not be allowed to use our Site or your user account anymore if you breach this provision.

 

20. Jurisdiction and applicable law

1.     If you are a consumer, please note that the terms of this policy, its subject matter and its 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.