User Generated Content Terms of Use

PREAMBLE

Smartbox Group Ltd (hereinafter "Smartbox") is an Irish company with share capital of €10,000 and is headquartered at Joyce's Court, Block A, Talbot Street, Dublin 1, D01 FV59, Ireland, registered at the Irish Trade Register under number 463103.

Smartbox acts as mandatary and edits gift experiences under the brands:Smartbox, Dakotabox, Bongo, Cadeaubox, Emozione3, Odisseias, La vida es bella, Buy a gift and Red letter days representing selected partners, who provide services in gift experiences.

Smartbox reaches out all users of social network (hereafter, the “User” or “You”) to seek their permission to feature content posted by them on their social network account (hereafter, the “User’s Account”).

Smartbox is interested in using the elements of any photograph(s), video(s), text(s), graphic(s), audio(s) published (hereafter,the “Content ") on the User’s account referring to Smartbox, Smartbox products, Smartbox services and/or Smartbox partner.

By replying positively to our message with "#yessmartbox" or other, You confirm You have read, understood and agreed to comply to all terms and conditions in these User Generated Content Terms of Use (hereafter the " UGC Terms of Use and Conditions").

Smartbox reserves the right to modify these following UGC Terms of Useand Conditions. We invite you to consult them regularly. In the absence of notification of your refusal on these new terms, Smartbox considers that you have accepted them.

These UGC Terms of Use and Conditions contain all terms agreed between Smartbox and the User regarding the Content and supersede prior agreements between Smartbox and the User, orally or in writing.

ARTICLE 1 - OBJECT:

Smartbox wants to use the Content of the User’s account referring to the Smartbox company, Smartbox product, Smartbox services and/or Smartbox partner in order to promote the different worlds of Smartbox.

ARTICLE 2 - OBLIGATION OF THE USER:

You certify and guarantee that:

• - You are at least eighteen years old or legally considered a major in the province or country where you reside;
• - You have full capacity and authority to accept these UGC Terms of Use and Conditions;
• - The Content is one of your original creations, You have not taken the Content on any other website, a publication on social network or elsewhere, and the Content does not contain anything that could violate the rights of any legal or physical person ;
• - The Content does not contain any trademarks, logos, brand names, advertisements, sponsors or promotional material belonging to any natural or legal person other than You, the Smartbox or Smartbox partners;
• - The Content contains nothing defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or illegal;
• - Your uploading or posting of the Content does not violate any applicable law or condition or requirement of the social network platforms where You have uploaded or posted the Content;
• - The use by Smartbox of your Content as described in these UGC Terms of Use and Conditions will not violate the rights of any natural or legal person or law;
• - You confirm and agree that the use of your Content by Smartbox asdescribed in these UGC Terms of Use and Conditions requires and must not require any payment to a natural or legal person and does not require a license, authorization, approval or consent of another natural or legal person.

ARTICLE 3 - OBLIGATION OF SMARTBOX

Smartbox is committed to use your Content on its Instagram page available through the following link: www.instagram.com/smartbox and on all its Facebook pages available through the following links related to your Content(herein after, the “Smartbox Social Networks”):

• https://www.facebook.com/ smartbox.france
• https://www.facebook.com/ smartboxitaly
• https://www.facebook.com/ regalaexperiencias
• https://www.facebook.com/ smartbox.ie
• https://www.facebook.com/ smartbox.dk
• https://www.facebook.com/ SmartboxSverige
• https://www.facebook.com/ smartbox.schweiz
• https://www.facebook.com/ bongobelgium
• https://www.facebook.com/ BongoBeleveniscadeau
• https://www.facebook.com/ odisseias
• https://www.facebook.com/ cadeaubox
• https://www.facebook.com/ Dakotaboxfr
• https://www.facebook.com/ lavidaesbellaregalo
• https://www.facebook.com/ Emozione3

Smartbox is committed to always mention your Username on the content and to make visible that this Content does not come from its team by the #regram or other.

ARTICLE 4 - USE OF YOUR CONTENT

You grant Smartbox a free, non-exclusive license, and for the duration of legal protection (subject to the provisions of Article 5 below), for the World, to use your Content on the Smartbox Social Networks.

This license includes the right to use, reproduce, incorporate, crop and adapt your Content as well as your username, your real name, your image, your legend, your location or any other information relating to the use of the Content.

Smartbox reserves, at its sole discretion, the choice to use the Content or not. Smartbox has no obligation to use the Content. Smartbox may choose to remove or discontinue the Content at any time for any reason without notice. Removing the Content from your User’s Accountdoes not mean the automatic removal of the same Content from the Smartbox Social Networks. Only a withdrawal request, under the conditions set out in article 5, will allow the final deletion of the Content on the Smartbox Social Networks and its servers.

ARTICLE 5 - WITHDRAWAL OF THE AGREEMENT

If You no longer want Smartbox to use your Content on its Smartbox Social Network, You must notify it either by:

• - A comment on your Content posted on one of our Smartbox Social Networks;
• - A private message sent to Smartbox on its Instagram account.

Smartbox agrees to remove within 24 working hours the Content from its Smartbox Social Networks and to remove it within 2 weeks from its servers. Smartbox will send You a confirmation message.

ARTICLE 6 - COPYRIGHT

The use of any hashtag that explicitly refers to the Smartbox brands does not give You any license that may result in rights to the trademarks or intellectual property rights of the Smartbox brands. Likewise the use of your Content by Smartbox does not confer any particular rights to You.

ARTICLE 7 - PERSONAL DATA

Smartbox will collect information about You such as your username, your real name, your image, your caption, your location or any other identifying information necessary for the use of the Content.

Personal data collected is processed by Smartbox in order to promote its different worlds and to resolve any disputes that may arise regarding Content.

Any acceptance of these UGC Terms of Use and Conditions implies acceptance of the collection and processing by Smartbox, as the controller, of your personal data in accordance with the privacy policy available on the Smartbox website.

ARTICLE 8 - LIMITATION OF LIABILITY

The User undertakes to hold Smartbox harmless against any claim, instance, action or other action that may be initiated against it and relating to the use of the Content, particularly in the event of breach by the User of the provisions of Articles 2 and 4 of these UGC Terms of Use and Conditions. The User will compensate Smartbox for any harm, indirect or direct, including legal costs and lawyers who have been required to commit to the defense of his rights.

Smartbox's failure to exercise any right and any delay, forbearance or indulgence on the part of Smartbox from the exercise of any right, power or remedy under these UGC Terms of Use and Conditions (in whole or in part) does not constitute a waiver of this right, power or recourse or prevent its exercise at any time or on any occasion in the future.

A person who is not a party to the UGC Terms of Use and Conditions has no right to enforce these terms

ARTICLE 9 - INDIVISION OF UGC TERMS OF USE AND CONDITIONS

If a court of competent jurisdiction finds that one of the provisions of these UGC Terms of Use and Conditions is invalid, it shall be deleted without affecting the rest of the UGC Terms of Use and Conditionsand shall be replaced by a valid provision reflecting the intent of the replaced provision as closely as possible. The other provisions of these UGC Terms of Use and Conditions will remain valid and applicable.

ARTICLE 10 - APPLICABLE LAW AND COMPETENT JURISDICTION

The form, implementation and validity of these UGC Terms and conditions are governed by the laws of the User’s domicile or regular residence.

Before any contentious action, Smartbox and the User undertake to seek together and in good faith an amicable solution within a period of thirty (30) days. Any complaint will therefore first be made in writing to the Smartbox Customer Service by phone or by contacting us, with the supporting documents, at the following coordinates:

Customer service
Joyce's Court, Block A, Talbot St
Dublin 1, D01 FV59 Ireland

If need be, any dispute that may arise on the occasion of the validity of these UGC Terms of Use and Conditions, its interpretation or its execution will be subject to the exclusive jurisdiction of the court of jurisdiction in which the User has his domicileor his regularresidence, except contrary mandatory rules of procedure.