Effective Date: February 27, 2024

SOCIAL MEDIA USER GENERATED CONTENT AND PHOTO SHARING TERMS AND CONDITIONS

By posting your photograph or video (the “Content”) to a social media site and allowing IM PRO MAKEUP NY L.P. (“IL MAKIAGE”) to repost such content, you represent that you agree to the following terms and conditions.

REPRESENTATIONS AND USAGE RIGHTS: I shot the original Content and created any accompanying caption(s), and, in consideration for good and promotional consideration, the sufficiency and receipt of which are hereby acknowledged, I wish to exclusively license any and all rights in the Content to IL MAKIAGE upon the terms and conditions as set forth in this Agreement, including for the purpose of reposting the Content onto IL MAKIAGE social media channels. I further warrant and represent that: (a) I have the sole and exclusive right to enter into and perform this Agreement and to grant the rights granted herein, (b) the rights I have granted hereunder will not conflict with or violate any commitment, agreement or understanding I have or will have with, nor infringe upon any rights of, any person or entity, (c) the consent of no other party is required for IL MAKIAGE to exercise its rights hereunder, (d) I am over 18 years of age, and (e) no other person has shot or appeared in the Content. In the event someone else has in fact shot or appeared in the Content, I hereby warrant and represent that such person has, in consideration for good and promotional consideration, in a writing that I shall furnish promptly to IL MAKIAGE upon request, licensed any and all rights in the Content to IL MAKIAGE upon the terms and conditions set forth in this Agreement.

I ASSUME THE RISKS ASSOCIATED WITH THE INTERNET AND SOCIAL MEDIA: I understand that under no circumstances will IL MAKIAGE be liable in any way for any loss or damage of any kind incurred by me as a result of the use of the Content. IL MAKIAGE has the right, but not the duty, to monitor and edit or remove the Content and/or any comments posted about Content. I further acknowledge IL MAKIAGE is not responsible for, and does not endorse, the opinions, advice, suggestions, or recommendations posted or sent about the Content and IL MAKIAGE disclaims any liability in connection therewith. As well, I understand when publishing the Content on the internet, including by use of the hashtag #ILMAKIAGE on a social media site, IL MAKIAGE has no control over the Content and it is possible that others may duplicate it, including, but not limited to, on other sites on the internet.

I will have no claim (including without limitation claims based on invasion of privacy, trademark, copyright, defamation, libel, slander, right of publicity and any other personal and property rights) arising out of any use of the Content permitted by this Agreement, and I hereby agree to release, indemnify, defend, hold harmless, and discharge IL MAKIAGE from and against any and all claims, damages, losses, costs, expenses and/or liabilities of any kind or nature whatsoever (including without limitation attorneys’ fees) arising out of or in connection with or incurred by reason of the use of the Content set forth herein or the inaccuracy or breach of any representation, warranty, promise, agreement or undertaking I have made herein.

IL MAKIAGE will not be obligated to produce, release, or actually use the Content or continue such production or release or use if commenced. IL MAKIAGE does not guarantee the accuracy, integrity or quality of the Content. My sole and exclusive remedy for IL MAKIAGE’s breach, termination or cancellation of this Agreement or any term hereof will be an action at law for damages, if any; and I irrevocably waive any right to seek and/or obtain rescission, equitable or injunctive relief, to terminate or rescind this Agreement and/or to enjoin or restrain the distribution, exploitation, advertising, promotion or exhibition of the Content or any rights therein. It is understood and agreed that in no event will IL MAKIAGE be liable for any indirect, incidental or consequential damages. Notwithstanding anything to the contrary set forth herein, the grant of rights, representations, warranties and indemnities hereunder will survive the expiration or other termination of this Agreement.

This agreement is governed by the laws of the State of New York and constitutes the complete and exclusive agreement between IL MAKIAGE and me, and I am not relying on any other representation or agreement, whether oral or written. The Parties agree that any disputes between them which cannot first be resolved informally, will be resolved by final and binding Arbitration in New York, NY.

NO MISCONDUCT: I agree not to impersonate any person or entity, or falsely state or otherwise misrepresent my affiliation with any person or entity (including that of IL MAKIAGE), intentionally or unintentionally violate any applicable local, state, national or international law, or collect or store personally identifiable data about other people.

Instagram™, Twitter™, Facecbook™, TikTok™, YouTube™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with IL MAKIAGE. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites along with all other applicable laws and regulations. I understand that if I choose to submit my Content via mobile telephone, standard data rates may apply.

The terms of this Agreement are subject to change at any time without prior notice. Any such changes will be reflected on the Social Media User Generated Content and Photo Sharing Terms and Conditions page of the IL MAKIAGE.com website. This agreement may not be altered or waived except by a writing signed by both parties.

REMOVAL OF CONTENT: To request removal of your Content from a IL MAKIAGE social media account or IL MAKIAGE website, please send a direct message to IL MAKIAGE on Instagram, including the reason you are reporting it, and the link to the post so that IL MAKIAGE may locate the Content. Once IL MAKIAGE has had an opportunity to review your request, IL MAKIAGE will remove the Content from the relevant IL MAKIAGE social media channel referenced in your message.

FOR QUESTIONS OR IF YOU BELIEVE YOUR CONTENT IS BEING USED BY IL MAKIAGE WITHOUT AUTHORIZATION: IL MAKIAGE respects the intellectual property rights of others. If you believe in good faith that your intellectual property rights and/or rights of publicity have been used on IL MAKIAGE social media account without authorization and in an infringing manner, you may notify IL MAKIAGE via direct message on Instagram. While IL MAKIAGE strives to make IL MAKIAGE’s social media accounts a positive place, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. You acknowledge and agree that IL MAKIAGE is not responsible for others’ misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and please report any abuse to IL MAKIAGE.