Nu Skin User Generated Content - Terms and Conditions
Nu Skin User Generated Content - Terms and Conditions
Last updated: 2020-05-06
These terms and conditions (the “Terms and Conditions”) apply when Nu Skin International Inc. and NSE Products Europe BV, as well as their affiliates and subsidiaries (“Nu Skin” or “we”, “us”, “our”) select any words, pictures, images, data, information or any other ‘user-generated content’ related to Nu Skin’s brand and products (“Content”) that you upload, post or share using third-party websites or platforms including but not limited to Instagram, Facebook, Pinterest, YouTube, Snapchat and Twitter (the “Platforms”), and use this Content on our website, marketing emails and in other marketing channels or in any Nu Skin owned social media platforms (“Nu Skin Media”).
Content selection and limitations
1. From time to time, we select Content in Platforms that we would like to use in Nu Skin Media.
2. We will select which Content we want to use in Nu Skin Media at our entire discretion. We may or may not share instructions on the type of Content we are likely to select and use on Nu Skin Media. If we do share such instructions, we may still select some Content that does not follow these instructions, providing that such Content complies with the limitations provided in in paragraph 3 of these Terms and Conditions. Likewise, following such instructions does not guarantee that your Content will be selected by us. We have no obligation to use any Content in Nu Skin Media.
3. If you wish to create Content, you must make sure that:
- your Content does not state or imply that our products helped address, treat, cure, or prevent any disease or other medical condition, or that imply a result that is different from, or goes beyond, our approved marketing claims; and
- your Content is not misleading, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and
- if you are a Nu Skin Brand Affiliate, that you comply with your Brand Affiliate Agreement, including Nu Skin Policies and Procedures.
Shall we be informed that your Content does not comply with these limitations, we will ask you to delete the Content immediately.
4. It is not necessary to purchase anything from Nu Skin to your Content selected for use on Nu Skin Media.
Your consent to let us use your Content
5. If we wish to use your Content in Nu Skin Media, we will contact you on the relevant Platform to ask for your consent to use your Content. We will ask you to reply to us with the hashtag “#yesnuskin” if you agree to let us use your Content in Nu Skin Media. Once you have given your consent to us in this way, you agree to be bound by these Terms and Conditions.
6. You must respond directly to us within the same chat, thread or by private message using the hashtag “#yesnuskin” in order to give us your consent. If we do not receive your response within 7 days from the date we contacted you, we will assume that you do not consent to our use of your Content and your Content will not be used in any Nu Skin Media.
7. By consenting to our use of your Content in accordance with paragraph 6 of these Terms and Conditions, you:
- warrant that you are more than 16 years old;
- confirm that the Content is your original creation and/or have obtained appropriate rights and permissions from every third party who owns or manages any rights with respect to your Content;
- grant Nu Skin and its affiliates a non-exclusive, worldwide, transferable, royalty-free, irrevocable, perpetual right and licence without compensation to use your Content on Nu Skin Media as set out in these Terms and Conditions;
- give us your permission to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your Content or any part of it;
- confirm that our use of your Content on Nu Skin Media will not infringe or otherwise violate the copyright, trademark, trade, privacy or other intellectual property or other rights of any third party;
- consent to let Nu Skin use your first name, the username and profile picture associated to the account where you posted the Content, your country and your image as appearing in the Content (if applicable) for the purposes described in paragraph 8 of these Terms and Conditions.
8. Unless otherwise expressly agreed with you, we will only use the personal information supplied by you, which is limited to your first name, the username and profile picture associated to the account where you posted the Content, your country and your image as appearing in the Content (if applicable), for the following purposes:
- Post whole or part of your Content on Nu Skin Media, in accordance with paragraph 7 of these Terms and Conditions; and/or
- Credit you as the author of the Content on Nu Skin Media.
If you are a Nu Skin Brand Affiliate, we may only ask you to provide your Distributor Account ID Number in order to make sure that you have been complying with your Brand Affiliate Agreement, including Nu Skin Policies and Procedures, as stated in section 3 of these Terms and Conditions.
9. You agree that you will not receive any payment, prize or other remuneration if we use your Content in any Nu Skin Media, and that we may or may not credit you as the author of the Content by tagging your username or mentioning your personal information when we use the Content on Nu Skin Media.
Removing your Content from Nu Skin Media
10. You understand that we may remove your Content from any Nu Skin Media at any time, at our own discretion.
11. If you remove your Content from the Platform it was originally posted on, it will only be automatically removed from Nu Skin Media if we had simply reposted your Content on the same Platform, subject to reasonable delays for technical reasons.
12. If your Content is not automatically removed from Nu Skin Media when you remove it from the Platform, and you do not want your Content to be used by Nu Skin any longer, then please contact email@example.com to request that we remove your Content from Nu Skin Media. Once notified, we will remove your Content within a reasonable timeframe.
13. You understand that it is not always possible to remove the Content from all Nu Skin Media. For instance, your Content may be featured in marketing emails that were sent out before you notified us that you would like your Content to be removed from Nu Skin Media. However, we will make sure that your Content is removed from all editable and future Nu Skin Media after we receive your request.
14. These terms are governed by Belgian law and any disputes in relation to them are subject to the exclusive jurisdiction of the Belgian courts.
15. Nu Skin reserves the right to alter these Terms and Conditions without advance notice by posting a revised Terms and Conditions. Accordingly, you should review the Terms and Conditions each time you grant us permission or authorization to feature your Content.