The #Mugler Gallery is available on ://inter.mugler.com. It contains a collection of photographs posted by Users that feature Mugler brand products.
Article 1. Posting and selecting photos
LPhotos that Users post to a public Instagram account with ‘#Mugler’ may be selected to be shown in the #Mugler Gallery.
Users can also register on ://inter.mugler.com to directly submit photos to the #Mugler Gallery.
Article 2. Third-party rights
Users must obtain prior authorisation from a legal guardian for any photos that are posted by a minor or that depict a minor.
Users agree not to upload or post photos with captions or comments that:
- exceed the limits of public conduct, decency or laws in force
- are likely to infringe upon third-party rights, namely intellectual property rights, copyrights or, more broadly, that constitute an invasion of privacy.
As such, the User ensures CFG that:
- the photo is not a forgery and does not infringe upon any third-party rights
- nothing hinders CFG from using the photo as it sees fit
The User releases CFG from any claims or legal actions that could arise on any basis whatsoever upon exercising the rights consented to herein, anyone who directly or indirectly assisted in creating the photo and anyone who may lay claim to any rights occasioned by use of the photos, even if they had no hand in creating it.
Article 3. Transfer of intellectual property rights
By replying #YesMugler or uploading photos directly to the #Mugler Gallery, the User grants CFG the right to use and to feature them as defined hereafter:
- the unrestricted right to reproduce the photos or have them reproduced in their entirety or partially by any means or process and on any media or materials both current and future, known and unknown, particularly on social networks, e-newsletters, its e-commerce website and the e-commerce websites of its approved distributors
- the right to display the photos or have them displayed by any means of circulation or communications current or future, known or unknown, particularly on any electronic communications network
- the right to wholly or partially adapt, modify, transform or translate the photos and have them updated, to wholly or partially incorporate them with or in current or future works, and to do so on any media
- the right to use or feature the photos in any manner for the purposes of its own activities or those of third parties in any way whatsoever, specifically for digital marketing purposes
- the right to transfer or grant all or part of the rights consented to a third party, namely an approved distributor.
This authorisation is granted on a non-exclusive basis at no charge for the whole world and for the entire duration of the copyright protection period.
Article 4. Personal data
The data collected for the purpose of using the #Mugler Gallery shall be digitally processed for the Clarins Fragrance Group, 9 rue du Commandant Pilot, 92200 Neuilly-sur-Seine, France. They shall be sent to Olapic Inc., 20 Vesey Street, 4th Floor, New York, NY, 10281, USA and kept for the period required by the aforementioned purpose. Appropriate contractual guarantees have been taken to ensure an adequate level of personal data protection.
Pursuant to the regulations, Users have a right to view, rectify, delete, and transfer their personal information, as well as a right to oppose and restrict processing. They may claim these rights by contacting Customer Service.