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QUICK GUIDE TO CONTENTS
2. General Terms and Conditions
4. Your Account
5. User Content
6. Review of Submissions
7. User Conduct
8. No Endorsement
9. Our Right to Use User Content
10. Transmitting Materials
11. Product Availability
12. Advice and Beauty Profile
15. Intellectual Property Rights
16. Account Termination
17. Third Party Websites and Links
18. Third Party Merchants
19. Advertisements, Sponsorships, Co-Promotions and Other Partnerships
21. Use of Software (Including Mobile Application)
22. Skin Analysis Feature
25. Limitation of Liability
27. Governing Law; General Information
28. Notices [GE1]
Additional fees for accessing and using the Internet remain at your charge.
You hereby release, discharge and agree to hold Us and any person acting on Our behalf harmless from any liability related in any way with the User Content.
Said User Content shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’Oréal S.A. or its affiliates, its products and/or its brands, particularly on the following media:
You also agree that We and Our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to Us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and Our affiliates are not responsible for any user's misuse or misappropriation of any User Content you post on the Site.
This authorization gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.
Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.
If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, you shall immediately notify Us at the following email address at PrivacyCanada.CACORP@loreal.com, or by sending a detailed letter to the following address 1500 Robert-Bourassa Blvd., Suite 600, Montreal, Quebec, H3A 3S7, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.
This permission also grants Us a worldwide, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted online (e.g. Instagram, Facebook, Twitter, or other platform) in addition to those you have tagged with any of Our brands’ campaign hashtag together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content in any media.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures We may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
The information We deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.
Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.
For any further information or in the event of doubt, We recommend that you consult your physician.
In the event that We make a Site available to you which enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that such Site shall be only for your own private use in compliance with its intended purpose. You shall not be authorized to make any such use of this Site as may be detrimental to the honor, repute or rights of any third parties.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
If the software is a mobile application, it shall be delivered solely via electronic download from App Store or Google Play (the “Platform”). You may download from the Platform (i) a copy of the software and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform. The installation and use of the software require a compatible device with an Internet connection. The following operating systems are compatible: iOS and Android. You shall bear exclusive liability for any operation related to the required device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the software. Your operator may charge you additional expenses for accessing the Internet from your device. We shall bear no liability for any network or roaming costs in connection with the software updates.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT WE OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THE SITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE 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. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.
Please feel free to contact Us via one of the methods described on Our Contact Us page, or send a letter to LANCÔME CANADA, 1500 Robert-Bourassa Blvd., Suite 600, Montreal, Quebec, H3A 3S7. You agree that We may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or mail to your email or mailing address as appearing in Our records from time to time.