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General Conditions of Use of Content Generated
The natural or legal person who has directly or indirectly - also by sending specific hashtags, including responses to Instagram comments with the hashtag #absurdbeautyok - authorised the publication or circulation of a contribution of theirs, of any nature and on any type of support (including by way of example, but not limited to: images, photographs, videos, sounds, music, text, writing and works of any nature) on the part of ABSURD Group S.r.l. Società Benefit, with Registered Office in: Via Giosuè Carducci 8, 20123 Milan – Italy VAT and Tax ID no. IT12494100964 (hereinafter the “Grantor”) grants to the Benefit Corporation ABSURD Group S.r.l. Società Benefit - perpetually, irrevocably, non-exclusively, free of charge and exempt from royalties - all and every right of economic use, including authorship rights and rights relating to said contributions (hereinafter also “Authorised Contributions” and/or “Authorised Contribution”), with sublicensing rights, declaring sole responsibility for the Authorised Contributions and guaranteeing possession of the rights and legal capacity to accept these General Terms of Use of Content Generated in their jurisdiction. ABSURD Group accepts the above.
To this end, the Grantor expressly acknowledges that ABSURD Group S.r.l. Società Benefit has the incontestable right to use the Authorised Contributions, to decide when to use them or to remove them in full or in part, insofar as ABSURD Group S.r.l. Società Benefit and its assignees are the only subjects entitled and enabled to do so, without limit of time.
Said rights are granted worldwide and for all uses, including economic use. All the Authorised Contributions shall be considered of a non-reserved nature. As a consequence, ABSURD Group S.r.l. Società Benefit shall be entitled to: use, copy, distribute, reproduce, grant, exploit, amend, process, transform, store on a database, condense, make changes and/or additions, add or replace comments and/or captions and/or divulge said Authorised Contributions to third parties for any purpose and by any means and in accordance with any advertising and/or commercial choices ABSURD Group S.r.l. Società Benefit and/or its assignees deem appropriate (including by way of example, but not limited to, the reproduction and publication of the content through Facebook and Instagram social media channels, leaflets, magazines, albums, collections, products, etc., also as part of commercial operations). To this end, the Grantor also authorises ABSURD Group S.r.l. Società Benefit and its assignees to directly or indirectly combine/connect the Authorised Contributions to the commercial and promotional operations, image and distinguishing features of ABSURD Group S.r.l. Società Benefit and/or its assignees (without prejudice to the moral rights of the Grantor).
The Grantor declares that the Authorised Contribution is an original and exclusive work, and that said Contribution:
-has not been derived from any work of a third party without their consent;
-does not and cannot in any way breach authorship rights, registered trademarks or other intellectual or industrial property rights pertaining to third parties;
-does not and cannot in any way breach the property or personal rights of third parties, also having received any authorisation and/or specific consent for the above required from any third parties (or from those with authority over them) involved in any way in the contribution received;
-does not breach any legal provisions, including, merely by way of example, the provisions set forth in Law no. 633/1941 as amended, Legislative Decree no. 30/2005 - Code of Industrial Property as amended, and Reg. (EU) 2016/679 - GDPR;
-is not obscene, racist, offensive, incommodious, threatening, discriminatory or in any way contrary to the public order or morals in force, undertaking to relieve ABSURD Group S.r.l. Società Benefit and its assignees of all liability in the event one or more of said declarations and guarantees should effectively prove to be untrue or inaccurate.
ABSURD Group S.r.l. Società Benefit and its assignees shall also be entitled to report the identity of the Grantor to any third parties claiming that the Authorised Contributions represent a breach of their intellectual property and/or property and/or industrial property and/or moral rights and/or privacy and/or any other rights provided for by law.
- ABSURD Group S.r.l. Società Benefit and/or its assignees may not be held liable in any case, contractually or extra-contractually, regarding a breach of rights of the Grantor and/or third parties directly or indirectly deriving from the use, in any way or form, of the Authorised Contributions (including, by way of example, for culpable conduct or breach of law) with regard to i) financial loss (including, by way of example, any loss sustained, loss of revenue, current or expected profit, contracts, business, opportunity or expected savings; ii) loss of reputation; iii) consequential or indirect loss suffered by the Grantor or by third parties.
-ABSURD Group S.r.l. Società Benefit and/or its assignees are not liable for the Authorised Content and does not approve said Content. ABSURD Group S.r.l. Società Benefit and/or its assignees have no obligation to pre-select, monitor, edit or removed any Authorised Content.
-the Grantor accepts that they are responsible vis-à-vis ABSURD Group S.r.l. Società Benefit and/or its assignees to defend the same (at the request of ABSURD Group S.r.l. Società Benefit and/or its assignees), to relieve and hold harmless the same from all costs, direct and indirect damages, expenses, losses, including any legal and court costs and costs relating to any claims and/or requests and/or actions brought before any body by third parties, including public authorities, administrative and state bodies, as a result of any charges deriving from or in any way related to the use of the Authorised Contribution on the part of ABSURD Group S.r.l. Società Benefit and/or its assignees and to the declarations made and guarantees provided by the Grantor with these General Conditions of Use of Content Generated.
If requested by ABSURD Group S.r.l. Società Benefit and/or its assignees, the Grantor shall cooperate in full in the defence of any claim. ABSURD Group S.r.l. Società Benefit and/or its assignees reserve the right to assume the exclusive defence and control of any matter subject to compensation on the part of the Grantor, who must not, in any case, resolve any claim without the prior written consent of ABSURD Group S.r.l. Società Benefit and/or its assignees.
-If any provision in these General Conditions of Use of Content Generated is deemed illegitimate, invalid, or inapplicable and/or ineffective for any reason, said provision shall be considered separable from these General Conditions of Use of Content Generated, and shall not affect the validity and applicability and/or efficacy of the remaining provisions. Failure to apply or exercise any clause in these General Conditions of Use of Content Generated, at any time and for any period, does not constitute a waiver of the right to have said clause or any other clause contained therein enforced.
-These General Conditions of Use of Content Generated are exclusively subject to Italian Law; any and all disputes that may arise concerning the interpretation and/or execution of these General Conditions of Use of Content Generated shall be subject to Italian jurisdiction, and shall be dealt with exclusively by the Court or the pertinent Section Specialising in Industrial and Intellectual Property in the event the dispute regards industrial and/or intellectual property rights, with mutual agreement to expressly exclude any other competing or alternative Jurisdiction and/or Law and/or Court. 8. In the event of any discrepancy between the text of these General Conditions of Use of Content Generated in Italian and in another language, the text in Italian shall prevail. 9. These General Conditions of Use of Content Generated constitute the entire agreement between the Grantor and ABSURD Group S.r.l. Società Benefit and/or its assignees with regard to the use of the Authorised Content, replacing any previous agreement that may have been entered into between the Grantor and ABSURD Group S.r.l. Società Benefit and/or its assignees.
