Legal Information - L'Oréal Paris

ADDITIONAL TERMS AND CONDITIONS ONLY FOR HAIR STYLER

ADDITIONAL TERMS AND CONDITIONS ONLY FOR HAIR STYLER

1. Your Acceptance

By using and/or visiting http://loreal-paris.co.uk/styling/hairstyler.aspx (the “site”) which is operated by L’Oréal (U.K.) Limited, whose registered office is at 255 Hammersmith Road, London W6 8AZ (“L’Oréal”), you signify your assent to both the terms and conditions of http://www.lorealparis.co.uk (the “Website”) and these additional terms and conditions (the “Additional Terms”). If you do not agree to any of the Terms and/or Additional Terms, then you are not authorised to use the L’Oréal Site.

2. Site

2.1 These Additional Terms apply to all users of the Site, including users who are also contributors of photographs, information and other materials. The Site may contain links to third party websites that are not owned or controlled by L’Oréal. L’Oréal has no control over, and assumes no responsibility for the content, privacy policies or practices of any third party websites. In addition, L’Oréal will not and cannot censor or edit the content of any third-party website.

2.2 By using this Site, you expressly relieve L’Oréal from any all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the L’Oréal Site and to read the terms and conditions and privacy policy of each other website that you visit.

3. Site Access

3.1 L’Oréal hereby grants you permission to use the Site in accordance with these Additional Terms, provided that:
3.1.1 your use of the Site as permitted is solely for your personal, non-commercial use; and
3.1.2 you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.

3.2 You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.

4. User Submissions

4.1 The L’Oréal Site permits the submission of photographs, graphic designs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, L’Oréal does not guarantee any confidentiality with respect to any submissions.

4.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you confirm, represent, and/or warrant that:
     4.2.1 you own or have the necessary licences, rights, consents, and permissions to use all copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Additional Terms;
     4.2.2 you have written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Additional Terms; and By submitting the User Submissions to L’Oréal Site, you hereby grant L’Oréal a worldwide, exclusive, royalty-free, sublicenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the L’Oréal Site and L’Oréal's (and its successor's) business, including without limitation for promoting and redistributing part or all of the L’Oréal Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Additional Terms. The foregoing license granted by you does not terminate once you remove or delete a User Submissions from the Site.
     4.2.3 Waive in perpetuity in respect of any User Submissions the benefits any moral rights under English law or similar rights.

4.3 L’Oréal hereby grants to you a world wide, fully paid up, non-exclusive, royalty free, license to use reproduce, distribute, display and perform the User Submissions that you submit under these Additional Terms. You accept that in connection with User Submissions, you further agree that you will not undertake in any infringing activity including, but not limited to:
     4.3.1 submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant L’Oréal all of the license rights granted herein;
     4.3.2 publish falsehoods or misrepresentations that could damage L’Oréal or any third party;
     4.3.3 submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
     4.3.4 post advertisements or solicitations of business;
     4.3.5 impersonate another person.

4.3 L’Oréal does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and L’Oréal expressly disclaims any and all liability in connection with User Submissions. L’Oréal does not permit copyright infringing activities and infringement of intellectual property rights on its Site.

4.4 L’Oréal reserves the right to decide whether a User Submissions are appropriate and comply with these Additional Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. L’Oréal may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Additional Terms at any time, without prior notice and at its sole discretion.

4.5 L’Oréal permits you to link to materials on the Website for personal, non-commercial purposes only.

4.6 L’Oréal reserves the right to discontinue any aspect of the L’Oréal Site at any time.

5. Limitation of Liability

5.1 You specifically acknowledge that L’Oréal shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

5.2 This Site is controlled and offered by L’Oréal from the UK. L’Oréal makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity

You agree to defend, indemnify and hold harmless L’Oréal, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Additional Terms; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Additional Terms and your use of the L’Oréal Site.

7. Ability to Accept Terms of Service

You confirm that you are at least 16 years of age, and are fully able and competent to enter into the terms, conditions, obligations, confirmations, representations, and warranties set forth in these Additional Terms, and to abide by and comply with these Additional Terms.

CHANGES TO THE WEBSITE

You accept that L'Oreal has the right to change the content or technical specifications of any aspect of the Website at any time at L'Oreal's sole discretion. You further accept that such changes may result in your being unable to access the website.

ENTIRE AGREEMENT

Except as provided herein, these terms and conditions are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party’s liability for fraud.

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts

INDEMNITY

You agree to indemnify, defend, and hold harmless each of L'Oreal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L'Oreal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L'Oreal , its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you

(a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(b) is libellous or defamatory, or otherwise results in injury or damage to any third party;

(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay L'Oreal, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by L'Oreal and content owned or controlled by third parties and licensed to L'Oreal. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.

You may not use any of L'Oreal's trademarks or trade names without L'Oreal's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

You agree to notify L'Oreal in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

Download is permitted by L'Oreal provided only that:

(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.

Save in respect of fraud and of personal injury or death to the extent it results from L'Oreal's negligence, in no event will L'Oreal be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if L'Oreal has been advised of the possibility thereof, arising from your use of the website. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

LINKS

There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of L’Oréal and L’Oréal is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by L’Oréal in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which L’Oréal does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.

L'Oreal does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

NO RELIANCE

While L'Oreal has endeavoured to ensure the accuracy of the information accessed via the Website, L'Oreal does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.

NO WARRANTY

The Website and the Content are provided "as is" excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. L'Oreal further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

L'Oreal does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and L'Oreal is not liable for any damage you may suffer as a result of such destructive features.

L'Oreal shall not be held responsible for Content provided by third parties. L'Oreal is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.

These Terms do not affect your statutory rights or your legal rights as a consumer.

PERMISSIONS

If you would like information about obtaining L'Oreal's permission to use any of the Content or if you would like to link your website to the Website, email your enquiry consumeradvice@uk.loreal.com

PRIVACY POLICY

Introduction

This website is owned and run by L’Oréal (U.K.) Limited. We are committed to safeguarding your privacy. We believe that the best way to protect the privacy of users of our website (the "Website") is to tell you what information we gather and ensure that you understand and consent to our uses of such information.
This policy (together with our Terms of Use and any documents referred to therein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by L’Oréal Paris, part of the L’Oréal group and L’Oréal (U.K.) Limited (“L’Oréal”). Please read the following carefully.
We may occasionally modify the privacy policy and any changes will be posted on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. We may let you know via the homepage when this happens but you should check the policy frequently to read the changes.
Please note that the Website contains links to and from other websites. We are not responsible for the privacy practices or the content of such websites and the information practices of those websites are not covered by this privacy policy.

What information do we collect?

When you visit the Website, we may collect and process the following about you:

Data that you provide (such as contact information, personal details and your email address) by filling in forms on our Website, which includes information provided at the time of registering to use our Website, subscribing to our services, posting material or requesting further services. We may also ask you for information when you enter a competition, prize draw or promotion sponsored by L’Oréal and when you report a problem with our Website.
If you contact us, we may keep a record of that correspondence.
We may ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our Website and of the fulfilment of your orders.
Details of your visits to our Website and the resources that you access.

Whenever we collect personal information we make an effort to include a link to this privacy policy on that page.

How do we use it?

From time to time we may use the information you give us:

To ensure that content from our Website is presented in the most effective manner for you and for your computer.
To carry out obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.

We are continually developing products and services based on information and feedback we receive from visitors to the Website and users of our products and services and we may share these with you, as well as notifying you about other products or services that you either request from us or we feel may interest you.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. To inform us of whether or not you want to receive marketing communications, simply indicate your consent preferences when you give us your personal information or at any future time email us at consumeradvice@uk.loreal.com.
You have the right to access information held about you by emailing us at consumeradvice@uk.loreal.com.
We will send you the information held by us within the appropriate legal time limit and will try to send it within 14 days. You can also request us to correct any factual inaccuracies in that information or delete any of that information from our records.

Do we share the information we receive?

In general, we do not (other than set out below) disclose information about your individual visits to the Website or personal information which identifies you to other third parties unless we have your prior consent.
On rare occasions, we may disclose your personal information to another member of the L’Oréal group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties in the following circumstances (please note we will not sell your data):

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If a L’Oréal group company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or to protect the rights or property of L’Oréal.

Where you have consented to us doing so, your information may be shared with our agents, consultants, service providers, contractors; including those that work on behalf of L’Oréal and our business partners for the purpose of sending you marketing communications.

Where will the data be stored? How secure is it?

Your information is stored on our in-house database which only our employees, agents or contractors can access. This may mean that data is sent electronically to servers outside of the country where you originally entered the information. In addition, that information may be transferred to, used, stored or processed outside the country where you entered that information, including outside of the European Economic Area. By submitting your personal data you agree to this transfer, use, storing or processing. While there is a risk that countries to which information is transferred will not be subject to an information protection regime as rigorous as that of the UK, we will take steps reasonably necessary to ensure that your data is treated securely and adequately protected in accordance with this privacy policy.
Unfortunately, no data transmission via the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, we cannot warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your data, we use strict procedures and security features to try to prevent unauthorised access. Agents or contractors who in the course of providing goods or services to L’Oréal have access to information which you give to us are required to keep that information secure and confidential and are not permitted to use it for any purpose other than to provide the goods or services which they are performing for L’Oréal.

IP addresses and Cookies

We may collect information about your computer IP address, browser type and use cookies for system administration and to collate aggregate information. This is statistical data about our users’ browsing actions and patterns that does not identify any individual. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. They help us to improve our Website and to deliver a better and more personalised service to you and other users by enabling us:

To estimate our audience size and usage pattern.
To store information about our users’ preferences and to allow us to customise our Website according to our users’ individual interests.
To speed up your searches.
To recognise users’ when they return to our Website.

By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. However, if you choose to reject all cookies, you may be unable to use parts of the Website.
With regard to the new 2011 legal requirements on cookies following the revision of the e-Privacy Directive L'Oréal Paris is working towards their implementation in line with guidance from the Information Commissioners Office.

Your Consent

By using the Website and submitting information, you consent to:

(i) the collection and use of your personal information by us as described above; and
(ii) the transfer of your personal information to countries outside the European Economic Area.

Further Information

SEVERANCE & WAIVER

If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term

TERMINATION

Either you or L'Oreal may terminate these terms with or without cause at any time. [If L'Oreal terminates these terms, L'Oreal will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to unsubscribeuk@lorealparis.com. On termination you shall destroy all Content, and copies thereof, obtained from the website.

THIRD PARTY RIGHTS

Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of this Agreement or any agreement entered into in connection with it.

TRANSMISSION AND FEEDBACK OF INFORMATION

Any information you transmit through this Website is subject to L’Oréal's privacy policy and remains L’Oréal’s property. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law.

You agree that L’Oréal may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.

WEBSITE TERMS AND CONDITIONS

IMPORTANT. Thank you for accessing http://www.lorealparis.co.uk (the "Website"). Please read these terms and conditions (the "Terms") before using the Website which is operated by [L'Oreal (UK) Limited, whose registered office is at 255 Hammersmith Road, London W6 8AZ ("L'Oreal")]. By using the Website, you signify your acceptance of the Terms in consideration of which L'Oreal provides you with access. From time to time L'Oreal may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the website following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time L'Oreal may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.