GENERAL TERMS AND CONDITIONS OF ACCESS AND USE

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.

Content of the Consumer Reviews and Guarantees:

When you leave a Consumer Review on the Site, you undertake not to publish any content:

• that is 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 fallacious;
• that infringes the rules of business secrecy or any confidentiality obligation;
• that runs counter to 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;
• that includes references to other web sites, addresses, e-mail addresses, contact details or telephone numbers;

Moreover, by leaving a Consumer Review 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 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 the Consumer Review that you are leaving does not infringe the General 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 review.

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

You grant NARS an unrestricted, royalty-free, non-exclusive, perpetual licence to use the Consumer Reviews for any purpose whatsoever.

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 General 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 Consumer Reviews 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.

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.

When you use the Site, you undertake:

• Not to use the electronic communication facilities provided on the Site for illicit, criminal, wrongful purposes, or in ways that infringe the privacy of third parties, that constitute harassment or defamation, or that are obscene, threatening or hateful;
• Not to download, post, reproduce or distribute information, software or other elements protected by copyright or by any other intellectual property right (as well as any personality right and right to privacy) without having first secured permission from the holders of these rights;
• Not to gather or store any personal data concerning other Users;
• Not to use the Site for any commercial purposes. You therefore undertake for instance not to download, post, send by e-mail or otherwise transmit any advertising or promotional content, such as any unsolicited e-mail, surveys, spam, chain e-mails, pyramid sales schemes or any other form of unauthorised solicitation or communication;
• Not to download, post, send by e-mail or otherwise transmit any element containing computer viruses or other computer codes, files or programs that might interrupt, limit or interfere with the operation of any computer hardware or software, any telecommunication equipment or the Site itself;
• Not to “reverse engineer”, decompile and modify the applications or the computer codes linked to the Site.

Any person who violates the foregoing undertakings may be banned from accessing the Site.