You are 18+ years old and you hereby grant Nykaa, its subsidiaries, affiliates, licensees, agents and representatives the right to use your age, skin type, image, likeness and/or pictures (“Submission”) for the purpose of skin analysis and product recommendations.
This skin analysis is a promotional campaign conducted by Dermalogica a brand of Unilever Group & distributed in India by Hindustan Unilever Limited (“Unilever”). Skin analysis herein is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
By completing the face mapping on Dermalogica domain, and agreeing to the get the skin analysis report (“Report”) on your email, a link to the Report contained on the Dermalogica Domain shall be shared with you by Nykaa and/or its Licensees on your registered email id.
You are aware about processing of and generating of the Report is carried on by Unilever only. Nykaa does not warrant accuracy of the Report or recommend or endorse any specific tests, physicians, products, procedures, opinions, treatments or other information that may be mentioned in the Report.
The Report shall be accessible exclusively using the link and is made available only to your registered Email id.
You shall be entitled to request for deletion of the Report by sending a request via your registered Email id. Or else the same shall be processed as per Nykaa’s Policies
Reliance on any information provided by Unilever, or its employees for the generating of the Report, is solely at your own risk and Nykaa shall not be liable or responsible for the same.
Unilever shall be processing and storing the data in the servers located in United States of America.
You acknowledge that Nykaa and its affiliates disclaim all warranties, either express or implied, statutory or otherwise, with respect to the Report and the resultant qualitative evaluation of your skin health. Without limiting the foregoing, Nykaa, and its affiliates make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the Report, software, text, graphics, links, or communications provided on or through this campaign.
Your Submission is made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission.
You grant each of the following to Nykaa an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, , likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Nykaa’s website or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.
You agree to release, hold harmless and indemnify, Nykaa and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation
Nykaa is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission for the purpose of generating the Report. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained herein.
Nykaa shall not be liable to or have any responsibility of any kind for any loss that you incur in the event of any deficiency in the services from Unilever, failure or disruption of the site of Unilever or Dermalogica, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the third party website or the materials.
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