TERMS AND CONDITIONS OF ACCESS AND USE

Whenever you make use of a feature that allows you to upload data, text, software, music, sound, photographs, graphics, video, messages or other materials including Consumer Reviews or Posts on our Chat Service (‘Content’) to our Site, or to make contact with other Users via our Chat Service, you must comply with the Content Standards set out in these Terms of Use.

You warrant that any such Content complies with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties as described in the section entitled “Rights you are giving us to use material you upload” below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Content you make on our Site if, in our opinion, your post does not comply with the Content Standards below.

You are solely responsible for securing and backing up your Content.

The NARS Site enables you to leave consumer reviews via a product data sheet or via the dedicated e-mail you will receive once you have bought a Product bought on the Site (a “Consumer Review”).

Consumer Reviews enable Users to leave opinions, advice, tips and tricks, suggestions, information and recommendations on the products sold by NARS that they have tested.

Leaving a Consumer Review:

To leave a Consumer Review, Users should take the following steps:

1. Select a product and click on the “LEAVE A REVIEW” link in the product data sheet; a window entitled “My review of [product name]” shall be displayed;
2. Rate the product on a scale ranging from one star to five stars, meaning as follows: *Poor, **Average, ***Fine, ****Good, *****Excellent;
3. Fill in the sections of the “My review of [product name]” form, bearing in mind that any fields marked with an asterisk (“*”) are mandatory: “Review”, “Pseudonym”, “e-mail address”, “Date of purchase”.

Users shall not receive any consideration in return for leaving a Consumer Review.

Publication and retention period of Consumer Reviews:

Consumer Reviews are usually published within two (2) to four (4) working days as of being left by a User.

Once a Consumer Review has been published, it is kept on the Site until the product in question is discontinued.

Moderation of Consumer Reviews:

The Consumer Reviews are subject to (i) automatic filter control, and (ii) human moderators’ control prior to being published on the Site.

NARS shall be entitled to remove or to refuse to publish a Consumer Review if it infringes the General Terms of Use of the Site, and in particular the provisions featuring under the section entitled “Content of the Consumer Reviews and Guarantees” below.

If your Consumer Review was rejected, you shall be informed of this by e-mail.

The NARS Site allows you to use the NARS live chat service to live chat with other Users (the "Chat Service") in accordance with these Terms of Use, on a free, non-exclusive basis.

You acknowledge that NARS has the right to terminate, limit or suspend your use of the Chat Service if it reasonably believes that you have breached these Terms of Use as detailed below.

NARS shall not be held responsible for any Content created by you or other Users on the Chat Service (a “Post”). To the fullest extent permitted by law, NARS excludes all implied representations, conditions and warranties whether express or implied. NARS shall not be liable to you or any other party for actions, proceedings, claims, losses or damages suffered by you arising from or connected to your use of the Chat Service or indirect or consequential loss or for loss of data, loss of revenue or loss of profits, whether in contract, tort or under statute or otherwise arising from or connected to your use of the Chat Service.

The Chat Service may be unavailable from time to time for maintenance or other technical reasons and NARS cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the Chat Service.  NARS reserves the right to suspend or cease provision of the Chat Service at any time without notice.

You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated. This means that you, and not NARS, are entirely responsible for all Content that you upload, post or email via our chat areas and our site. We do not guarantee the accuracy, integrity or quality of the Content.

We will do our best to assess any possible risks for Users from third parties when they use the Chat Service or any interactive service provided on our Site. However, we are under no obligation to oversee, monitor or moderate the Chat Service or any interactive service we provide on our Site. Under no circumstances will we be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of your Content and any other Content including any reliance on its accuracy or completeness. You also understand that by using our chat areas and our site, you may be exposed to Content that is offensive, indecent or objectionable though we will deal with any such Content as set out in these Terms.

Please be polite, clear and relevant, reply to comments and return to the page to see what others have to say and communicate in English

You acknowledge that the views expressed by other Users on our Site do not represent our views or values and that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any chat area or our site generally.

These content standards apply to any and all Content which you contribute to our Site, and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Standards apply to each part of any Content as well as to its whole.

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

Content must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

When you leave a Consumer Review and/or make a Post on the Site, you undertake not to publish any content:

• that is or may reasonably be considered to be fraudulent, invasive of privacy defamatory, obscene, infringes the privacy or the personality rights of any third parties, contains threats or insults, constitutes harassment, or is insulting, hateful, pornographic, violent, constitutes Infringing Content or Offensive Content (as defined below) or any content that NARS considers to be inappropriate;
• that induces people into wrongly believing that you are someone else or part of a particular organisation, including a member of the personnel of NARS, or that induces people into wrongly believing that you are affiliated with a third party person or entity;
• that contains viruses, corrupted files or any other software applications or programs that may significantly affect the operation of the Site or of one of its functionalities;
• that you know is wrong, inaccurate or misleading;
• that infringes the rules of business secrecy or any confidentiality obligation;
• that violates any law or court ruling, or any decree or regulation (such as, but not limited to, the rules that govern consumer protection, acts of unfair competition, discrimination or misleading advertising);
• for which you have been paid or have received any remuneration from an unapproved third party or which could be construed as an advertisement or solicitation to buy (including any content that directs business away from NARS);
• that contains any information about NARS‘s competitors or their products;
• that refers to a third party individual without their prior express consent;
• that is unrelated to the purpose of discussing NARS products and services;
• that includes references to other web sites, addresses, e-mail addresses, contact details or telephone numbers;

Moreover, by leaving a Consumer Review or a Post on the Site, you guarantee:

• that you are the sole author and sole holder of the intellectual property rights over the Content;
• that any Content that you publish is truthful and accurate;
• that you are at least 16 years old;
• that you have bought and tested the product for which you are leaving a Consumer Review beforehand,
• that the use of your Consumer Review or Post does not infringe the Terms of Use of the Site, and does not harm any person or entity.

You hereby recognise that you, and not NARS, are responsible for the content of your Consumer Review or Post.

You therefore guarantee that you hold all the rights (including in particular the intellectual property rights and the image rights) to the Content that you leave on the Site. You accordingly guarantee that the display, publication or submission of any such Content does not infringe the image/personality rights, proprietary rights or the intellectual property rights of third parties.

You grant NARS a world-wide, unrestricted, royalty-free, non-exclusive, perpetual licence to use reproduce, modify, adapt, publish, translate, create derivative works from, distribute or display the Posts or Consumer Reviews (in whole or part) for any purpose whatsoever and to incorporate such content in other works in any form media or technology.  You hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988.

You undertake to compensate us and our senior officers, directors, employees, representatives and agents for any claim or action (including reasonable lawyers’ fees and related legal costs), should any claims or actions be brought against them based on (i) your infringement of any provision of these Terms of Use, or (ii) an allegation by a third party that a Consumer Review that you posted on the Site infringes their intellectual property rights (such as, but not limited to, copyright, related rights, patents, trademarks, commercial logos, titles or drawings) or any other right of a third party (such as, but not limited to, privacy and image rights).

Should a third party file a claim or action as described above, you hereby undertake, at our request, to immediately provide us with full disclosure of any necessary exhaustive and truthful information to assess the merits of this claim and organise our defence.

NARS, its servants and agents, subsidiaries, partners or third party service providers as well as their respective directors, representatives and employees, shall not be bound by any confidentiality obligation in respect of all or part of the Content that you publish on the Site.

The content featuring on this Site and provided by NARS, including any artwork, graphical representations, photographs, images, screen dumps, texts, music, video clips, trademarks, logos, product names and names of personalities, slogans and any combination of these elements (the “NARS Content”) belongs to NARS and is protected in the European Union, in the United States and worldwide by trademark and copyright law and other intellectual property laws. All such rights are reserved.

You are therefore not authorised to copy, reproduce, show or sell all or part of the Site and/or the NARS Content in any way whatsoever, nor to create works derived wholly or partially from the Site and/or the NARS Content.

Any unauthorised use of the NARS Content shall constitute an infringement of intellectual property rights and might give rise to civil action or criminal prosecution.

You agree not to download, display or use any NARS Content featuring on the Site in order to use it in any publication, public performance, on other web sites than this Site, for any commercial purpose, in connection with goods or services that are not those of NARS, in any way that might give rise to confusion in the minds of consumers, that harms or discredits NARS, that detracts from the rights of NARS, or that infringes its intellectual property rights in any other way. You moreover hereby undertake to refrain from misappropriating and misusing any NARS Content featuring on this Site by any other means.