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By making available any of the contents such as reviews, photographs, videos, or other materials created by you (“User Generated Content”), you hereby grant to Gerard Cosmetics Inc, irrevocable, perpetual, non-exclusive, fully-transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, such User Generated Content for purposes related to advertising, promotions, and any other business interests as Gerard Cosmetics Inc may determine. Gerard Cosmetics Inc does not claim any ownership rights in any User Generated Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content. Notwithstanding the foregoing, Gerard Cosmetics Inc has the right, but not the obligation, to remove any material, including User Generated Content, whether or not such material has been modified by you, solely at its own discretion. You understand and agree that Gerard Cosmetics Inc is the sole owner of all rights in and to any work created by or for Gerard Cosmetics Inc that uses User Generated Content, in whole or in part, and you shall have no claim of any kind or nature whatsoever against Gerard Cosmetics Inc based on the use of any User Generated Content.
You acknowledge and agree that you are solely responsible for all User Generated Content that you make available to Gerard Cosmetics Inc. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Generated Content that you make available, or you have all rights, licenses, consents and releases that are necessary to grant to Gerard Cosmetics Inc the rights in such User Generated Content, as contemplated under this Agreement; and (ii) neither the User Generated Content nor your posting, uploading, publication, submission or transmittal of the User Generated Content or Gerard Cosmetics Inc’s use of the User Generated Content (or any portion thereof), will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You represent and warrant that you are at least 18 years old.
Gerard Cosmetics Inc (or in some cases, a third party) retains ownership of all intellectual property on the Website other than User Generated Content, including, but not limited to, visual interfaces, graphics, design, compilation, computer code, software, and aggregate user review ratings and any work created by or for Gerard Cosmetics Inc that uses User Generated Content, in whole or in part.