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.
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
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.
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.
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.
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.
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.
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 firstname.lastname@example.org
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
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 email@example.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
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.
Customer ratings and reviews terms and conditions
By posting a comment on L’Oréal Paris’ website, you represent and warrant that:
• you are the author of the comment, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your comment;
• your comment is your original work and does not infringe the intellectual property rights of third parties;
• you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;
• all content that you post is truthful and accurate;
• you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
• that identifies you to other consumers (so please do not use your full name and instead just your first name or a username);
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights;
• that contains any information about L’Oréal Paris’ competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
• that contains any pricing information;
• that refers to a third party individual without their prior express consent;
• that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, consumer protection, unfair competition, anti-discrimination or advertising);
• that is, or may reasonably be considered to be illegal, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, or otherwise injurious to third parties or objectionable;
• that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings or other forms of “spam”;
• that is unrelated to the purpose of reviewing the products listed on the Site;
• which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;
• for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from L’Oréal Paris);
• that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;
• that contains any actual, or instructions on how to create, computer viruses or other potentially disruptive or damaging computer programs or files.
• duplicate content;
• blank reviews;
• reviews in a language that is not English;
• any unintelligible content (such as content that contains random characters and meaningless word strings).
If you have any concerns or complaints about any L’Oréal Paris products and their application to you, please contact our Consumer Advisory Department on firstname.lastname@example.org. L’Oréal Paris reserves the right to refer your review to its Consumer Advisory Department rather than publishing it if it believes that your comment would be better handled in this way.
The CRR Service may be unavailable from time to time for maintenance or other technical reasons and L’Oréal Paris cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the CRR Service.
For any comments that you post, you grant L’Oréal Paris a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such content and/or incorporate such content into any form, medium or technology, together with your username or first name and location. You hereby acknowledge that L’Oréal Paris will automatically publish your review on its Facebook page www.facebook.com/LOrealParisUK.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to L’Oréal Paris including the execution of deeds and documents, at its request.
By submitting your email address in connection with your rating and review, you agree that L’Oréal Paris and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
You agree to indemnify, keep indemnified and hold L’Oréal Paris (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by L’Oréal Paris for any breach of your representations and warranties set forth above.
L’Oréal Paris reserves the right to suspend the CRR Service at any time without notice.