Terms & Conditions

The website www.byterry.com (the “Website”), operated by the company Luxe, Art, Beauté LAB – « By Terry », a French Société par actions simplifiée with a capital of 1 746 000 €, whose headquarters are located 24 rue Erlanger – 75016 Paris, registered at the PARIS RCS under number 410 318 968 (hereinafter, “BY TERRY”), contains sections allowing the users to upload photographs, videos and other types of information about themselves, including the “True Motion Shot” and the “Expert Community” sections (the “Sections”). These terms of use (the “Terms of Use”) apply to any user using a Section.

Users that upload posts in the Sections (hereinafter, the “Users”) hereby authorize BY TERRY to use the data and information included in the posts uploaded in the Sections (the “Posts”), including the image of the User, pictures, videos, caption, comments, location information and any information included by the User in its Post (the “User Content”).

By uploading a Post into a Section, the User grants to BY TERRY:

- the right to use the Post and the User Content, in any manner and on any media to be determined in BY TERRY’s sole discretion, including but not limited to on its websites (including the Website), webpages, its retailers’ websites, social media pages/accounts operated by BY TERRY or by its retailers, promotional e-mails and advertisements, videos, and in other marketing, promotional and advertising initiatives, including in point of sales, in any media now or hereafter known;

- the right to use his image, likeness or other identifying information in connection with any use of the Post of the User Content;

- to use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the Post and/or the User Content for legal, regulatory or any other reasons, in any way it sees fit (while maintaining the original spirit of the Post), with no
obligation to the User whatsoever;

(hereafter, collectively, the “Rights”).

The User acknowledges and accepts that BY TERRY may assign the Rights to any third-party. The Rights are assigned by the User to BY TERRY on a worldwide, perpetual, non- exclusive, royalty-free, transferable basis.

The User confirms that:

(i) He owns all the Rights in the User Content and/or that he has permission from any person(s) appearing in the User Content to grant the rights herein;

(ii) He and all other person(s) appearing in the User Content have the legal majority in their country of residence;
(iii) BY TERRY’s use of the User Content will not break any law or violate the rights
of a third party. BY TERRY has the right to disclose the User’s identity to any
third party who claims that the User Content infringes their rights.

The User acknowledges and agrees that the Post and/or User Content could be subject to “viral” communication (word-of- mouth communication) on third party websites and that BY TERRY will not be liable for any claim or action in this regard.

The User consents to BY TERRY’s collection of any personal information he provides, and BY TERRY’s use and disclosure of that personal information in connection with the use of the User Content as described above. The User’s personal information may be shared with affiliates or other trusted third parties working on BY TERRY’s behalf. By posting the User Content in a Section, the User agrees to the Terms of Use.

The User will not hold BY TERRY, or any person acting on BY TERRY’s behalf, responsible for any claims or demands in connection with the use of the User Content and/or the Post.

He accepts that BY TERRY will not pay for the use of the User Content and/or the Post and/or for any intellectual property rights connected with them.

The User acknowledges and accepts that BY TERRY is entitled to refuse to use and/or to exploit the Post and/or the User Content, and that BY TERRY is free to delete, at any time,any Post and/or User Content, for any reason.

In accordance with the "Informatique et Libertés Law" n° 78-17 of January 6, 1978, the User has a right to access, rectify, oppose and remove its personal data by contacting customer service:

BY TERRY – Service Client
36 passage Véro Dodat 75001 PARIS

BY TERRY reserves the right to alter these Terms of Use at any time.

These Terms of Use are subject to French law. Any dispute concerning the interpretation, performance or termination of these Terms of Use, shall be the exclusive jurisdiction of the competent Paris courts.