Terms & Conditions for Agency User-Generated Content Campaigns

Last Updated: September 18, 2023

These Terms & Conditions (the “Terms”) govern your participation in any campaigns sponsored or coordinated by Company (as defined below) (each, a “Campaign”) and its use of the Material (defined below). By responding to Company’s request to use the Material and for you to review and accept the Terms (“Company Outreach”), you consent to the Terms. Please read the Terms carefully as they constitute a legal agreement between you and Curology, Inc. (the “Parties”).

You hereby grant Curology, Inc. and its respective affiliates, licensees, successors, and assigns (collectively, “Company”) the right to use your name, likeness, photographs, images, quotes, testimonials, comments, and any other content associated with or submitted in response to Company Outreach (collectively, the “Material”). You further acknowledge and agree that any Material you communicate, post, or submit does not contain content that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity, or any other intellectual property or civil rights.

You hereby grant to Company a non-exclusive, royalty-free, non-revocable, worldwide license to use, re-use, publish, re-publish, edit, create derivative works from, and reproduce the Material, in Company’s sole and absolute discretion, in all forms, media and manners throughout the world in perpetuity, without restriction as to changes or alterations, for advertising, sales and marketing, trade, promotion, public relations, training and education, research, new product development, exhibition, and/or any other lawful purpose.

You agree (i) to waive, and not assert, any and all moral rights, rights of publicity, and similar rights in the Material; (ii) to waive any rights to inspect or approve Company’s use of the Material; (iii) to waive any and all rights to royalties or other compensation related to use of the Material; (iv) to release and waive any claims and demands, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, defamation, and/or any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever you may have, in connection with the terms herein, against Company, its employees, affiliates, agents, consultants, directors, officers, investors, attorneys, and other representatives; and (v) that neither you nor any other party now or hereafter having an interest in the Material will be entitled to equitable or injunctive relief in conjunction with any claim or action of any kind against Company. You understand that Company may collect, use, store, disclose, or otherwise process your information as described in the Privacy Notice at: https://withagency.com/privacy/.

By participating in a Campaign, you (i) attest that you are at least eighteen (18) years of age and have the right and authority to consent to the Terms, (ii) agree not to promote, advertise, or endorse any competitor of Company or any company or product in the skincare industry for a period of 3 months from your submission of the Material and acceptance of these Terms, (iii) represent that you have been prescribed and remain on treatment with Company’s products and that you are following your provider’s prescribed directions with respect to the treatment.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The parties agree to the exclusive jurisdiction and venue of the federal and state courts located in San Francisco County. You further understand and agree that by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. This Agreement is the entire agreement between the Parties regarding this subject matter. No modifications of this Agreement shall be of any effect unless it is made in writing and signed by the Parties.