Preamble
Hello, we really like your content!
We love seeing our products on social media and we may sometimes ask to share these images and videos on our own channels to give other customers a glimpse of their real-world uses.
User-generated content brings together a selection of photos and videos initially published by users, on their own Instagram account, and which highlight the products purchased on Babykare.fr.
Content generated by users is visible on various media present on the media managed by Babykare.fr, in particular, on the Babykare.fr site, via the home page, on product sheets, the collection page and on a page dedicated to our community but also on our emails/newsletter, social networks, and paper communication.
Only photos containing an identification of the Babykare.fr account (via @), or a Babykare hashtag (#) will be eligible for possible publication on our own channels. When selecting a photo for posting on Babykare channels, a message will be posted by the official Babykare.fr account requesting user approval.
Only people who respond #lovebabykare will be able to see their photo published. By responding to our request to publish your content, you accept these General Conditions of Use. These General Conditions of Use are concluded between the Company Babykare, SAS with capital of 74,672 euros, whose head office is located at 46T rue Leybardie, 33300 BORDEAUX, FRANCE, registered in the BORDEAUX Trade and Companies Register under number 903 999 985, acting both in its name and on its behalf, and in the name and on behalf of any legal entity controlled by Babykare, it being understood that the term “control” has the meaning of article L.233- 3 of the Commercial Code (hereinafter referred to as “we” or “Babykare”) and any person publishing their photos under the conditions detailed below (hereinafter “you”). User content is accessible on the website www.babykare.fr or any other site owned by Babykare (hereinafter referred to as the “Site”).
1. PUBLICATION OF YOUR CONTENT BY BABYKARE
The publication of your photos and videos will be automatic once the user has given their authorization for this reproduction by responding to the comment posted by the official Babykare.fr account.
Your profile must be public so that photos and videos are visible to Babykare. Otherwise, your content will not be visible and cannot be selected.
By authorizing the reproduction of your photo or video, you guarantee to Babykare that:
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you are eighteen years or older;
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you took the photo or video yourself and have all the image and intellectual property rights to your photo or video;
- if the photo or video shows minors, that you have previously obtained the consent of their legal representatives;
- if the photo or video is subject to the intellectual property rights of a third person, that you have the licenses, rights, consents and permissions necessary for the publication of said photo.
- our use of your photo or video as described in these Terms of Use does not infringe the intellectual property and image rights of any third party or violate any law;
- that you have read, understood and accept these General Conditions of Use.
2. SELECTION CRITERIA FOR PHOTOS AND VIDEOS
Babykare will select photos or videos which highlight the products purchased on Babykare.fr and which best correspond to the image and spirit of the brand, Babykare as a reseller as well as the brands distributed on the Babykare.fr site. .
The photos and videos must be of good quality and must not, as well as the captions and/or comments accompanying them, under any circumstances:
- be violent, dangerous, threatening, defamatory, offensive, hateful, discriminatory, profane and pornographic and/or more generally be contrary to Public Order, good morals and current legislation;
- infringe the image rights of people (minors or adults) and/or the copyright of a third party; harm the reputation, privacy or integrity of a person
- constitute an act of counterfeiting or unfair competition;
- conspicuously highlight brands not resold on Babykare.fr.
Due to the very large number of photos present on social networks, and even if they comply with all the conditions provided for by these T&Cs, we reserve the right not to select a photo, in whole or in part, without that this cannot engage our liability in any way whatsoever.
If your photo meets the criteria defined in these T&Cs and we select it, we will ask you, via a comment posted under your photo, on your Instagram account, for your express authorization, in order to ask you to transfer the rights to Babykare SAS. use of your photo, by replying #lovebabykare, in accordance with article 3 below.
3. ASSIGNMENT OF PHOTO RIGHTS
If your photo is selected, you will receive a comment from the official Babykare.fr Instagram account. You can indicate your agreement by responding with #lovebabykare, in order to give your authorization and accept our present General Conditions of Use.
By responding #lovebabykare the User grants Babykare, free of charge, the right to use their photos or videos for any commercial or non-commercial purpose, on Babykare commercial sites in Europe, or any other Babykare commercial site, advertising and promotion, including but not limited to sites, newsletters and/or social media, but also in-store and on any other communication medium (including marketing campaigns, catalogs and other customer communications).
Consequently, You grant to Babykare on the selected photos and videos, free of charge, for a period of two (2) years:
- a worldwide, non-exclusive, royalty-free right of use, distribution and exploitation,
- a right to publish, reproduce, modify and distribute all or part of the selected photos.
Participants agree not to take any action (including on behalf of third parties) of any nature whatsoever, related to the use of the images as described above towards Babykare, and any persons acting on their behalf and to defend and indemnify Babykare in the event of any complaints, damages and any costs (including attorneys' fees) relating to the use or publication of your photo and video, the violation or alleged violation of these General Conditions of Use of, or violation of, the rights of a third party.
Babykare cannot be held responsible for any damages, whether direct, special, indirect, or incidental, linked to the use of your photo or video. Babykare disclaims any liability for future unauthorized use by third parties.
4. DELETING THE PHOTO
Babykare reserves the right, without notice and at its sole discretion, without you being able to claim payment of any compensation from Babykare, to delete the media where your content is presented, to delete your content from the media ( particularly if the product highlighted in your photo is no longer available for sale on the site), not to publish your photos or videos, even in the event of a response from you containing a hashtag #lovebabykare or to ask you to delete your photos containing the mention of the account @Babykare.fr, from any social network.
You can at any time request the deletion of a photo or video published on the media published by Babykare:
- By contacting the Babykare data protection officer at the following email address: hello@babykare.fr or;
- By writing to the following address BABYKARE – Customer Relations – 46T rue de Leybardie – 33300 Bordeaux or;
- By sending a private message to the official Babykare Instagram account
If You have a complaint, if you believe that an element of the Site infringes an intellectual property right that you hold or control, you can contact us at the following address: BABYKARE – Customer Relations – 46T rue de Leybardie – 33300 Bordeaux
5. PERSONAL DATA
Following the publication of your photo, Babykare SAS may obtain personal information such as your first and last name, username (username or nickname), email address, IP address, location, as well as any information related to your accounts on social networks or to your photos.
The provision of this personal data is essential to participate in operations #.
By responding #lovebabykare, you agree to the collection, use, communication, transfer and processing of your information in accordance with these General Conditions of Use and the Protection of Privacy.
Photos and related personal data are kept for a period of 2 years. This data is intended for the departments in charge of marketing and Babykare IT.
You accept that the processing of your Personal Data is carried out by Babykare or a subcontractor.
Babykare undertakes to take all measures to ensure the protection, confidentiality and security of Personal Data transmitted to it about you, in compliance with legal and applicable provisions.
Furthermore, in accordance with the Data Protection Act of January 6, 1978 and the General Regulations on the Protection of Personal Data of April 27, 2016, you have a right of access, modification, rectification, limitation of the processing, opposition, portability and deletion of data concerning you, with Babykare. To do this, simply make a request to the following email address: hello@babykare.fr or write to us at the following address: BABYKARE – Customer Relations – 46T rue de Leybardie – 33300 Bordeaux
Any request to remove Personal Data involves the deletion or removal of the selected photo or video. The customer is invited to refer to the “Privacy Protection & Cookies” tab of the Website to obtain all information relating to the protection of personal data.
6. MODIFICATION OF THE T&Cs
We reserve the right, without you being able to claim payment of any compensation from Babykare, to modify these General Conditions of Use at any time.
Any modification will take effect immediately upon its publication on the Site. We encourage you to consult the General Conditions of Use each time you visit and before each response containing a #lovebabykare hashtag.
Any waiver of a provision of the General Conditions of Use will only take effect if it is stipulated in writing and signed by Babykare. If one or more stipulations of these General Conditions of Use are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a court, the other stipulations will keep all their strength and reach
7. APPLICABLE LAW AND COMPETENT JURISDICTIONS
These General Conditions of Use are subject to French law. If the parties cannot reach an amicable agreement, they will submit the dispute to the competent courts of the defendant's domicile.