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TERMS OF USE FOR THE APPLICATION

L’Oréal SA reserves the right to supplement, amend or delete the terms of use (hereinafter the "Terms of Use") set forth hereinbelow at any time and without prior notice. In the event the Terms of Use are amended, L’Oréal SA undertakes to post an updated version on the page for this application. 

The information contained in this application is provided strictly for information purposes, and shall in no event be deemed a legal obligation or contractual agreement of L’Oréal SA, which furthermore reserves the right to modify the characteristics thereof. 
 

1.General Information

You are currently connected to the Application made available by L’Oréal SA:

Company Name: L’Oréal
a société anonyme with a share capital of 112,246,077.80 euros, RCS 632 012 100
Registered Office: 14 rue Royale 75008 PARIS
Tel : + 33 (0)1 47 56 70 00

Editor in Chief: [TO BE COMPLETED]

This Application has been developed and optimized by [TO BE COMPLETED] and is a creation protected by intellectual property law. By making use of this Application, the User shall be deemed to have agreed, without reserve, to comply with these Terms of Use as well as our instructions as to data confidentiality. 

2.Definitions

For the purposes hereof:

L’Oréal or we or our shall mean the owner of the Platform, as identified in the terms of use for such Platform.

Application shall mean the virtual makeup tool furnished on the Platform.

Application Content shall mean the components and content furnished with the Application and/or included therein (including, but not limited to, the models, content related to the cosmetic products and/or the software code). 

Platform shall mean any platform (e.g.: website, mobile and/or tablet application, etc.) on which the Application is made available. 

Results shall mean the User's Content as modified and/or processed by the Application or within the framework thereof. 

User or you shall mean any person, aged over 18 years old, who uses the Application and/or the Application Content on the Platform and/or who accesses it

3. Access to and use of the Application

a. General provisions

In order to access the Application and to make use thereof, you may be asked (i) to furnish information related to your user profile (including Analyst/Investor, Individual Shareholder, Other Profile) and/or to click upon the 

button "I Agree" (or an equivalent) in order to indicate your acceptance of these Terms of Use.

By accessing the Application, downloading it, installing it and using it you become a User. You agree to be bound by the Terms of Use, which you represent that you have read and understood. You are only authorized to use and access the Application for personal use and not for commercial purposes.

You may access the Application free of charge. Currently, the Application is compatible with devices using [INDICATE THE COMPATIBLE OS]. We may modify the compatibility of the Application with various versions of the operating system at any time. Access to the Internet using a mobile telephone and/or tablet may result in you incurring additional charges from your service provider. In no event shall we be liable for any network and/or roaming charges relating to updates to the Application.

No matter where you decide to access the Application, you do so at your own risk and subject to the obligation to comply with local laws and regulations.

b. Models and content furnished by the Application

The Application may make certain Application Content available to you (including business and financial information, models and content related to our cosmetic products and/or brands). You recognize and accept that such Application Content is subject to intellectual property rights and/or image rights and/or other rights of ownership and is only made available within the framework of the License and in conformity with the Purpose. In consequence, any reproduction and/or performance, in whole or in part, of such Application Content, or any item included therein, by any process and on any media whatsoever, for, purposes other than those that are specifically described in these Terms of Use is expressly prohibited.

4. Personal data

We may collect personal data with respect to the User for the sole purposes of administering your registration and/or your use of the Application. Such personal data (which may include your photo or any User Content that you furnish) will be the subjected to digital processing. 

You accept and agree that your personal data (including your photo) may be transferred outside of the European Union to our third-party suppliers and/or service providers who are working with us for the purposes of supplying services related to the Application and/or the Results. 

In conformity with applicable data protection legislation, you have the right to access the data which relates to you and to correct, object to and delete such data. You may exercise this right at any time by sending us an e-mail accompanied by proof of your identity to the following address: [TO BE COMPLETED];

We will preserve the confidentiality of the personal data sent by the User within the framework of use of the Application. 

5. Language

These Terms of Use have been drafted in French, in English and may be translated into the other languages available in the Application. You agree that you have read and understood these Terms of Use and have been fully informed of the rights and obligations that arise therefrom. In the event of an inconsistency between the French version, the English version or any of the other translated versions, the French version shall govern for any interpretation and/or application of these Terms of Use. 

6. Limitation on liability

You accept and agree that you have been informed that the Application, the Application Content and/or the Results are furnished "as is" and, more specifically, you accept that: 

- use of the Application is entirely at your sole risk and peril; 

- neither we nor our license providers have given any warranty whatsoever, including, but not limited to, any warranty against hidden defects, as to conformity, adequacy for a use or specific purpose and against infringement and in particular that we and they grant no warranty with respect to the Application and/or Application Content (i) conforming to the User's requirements, IT environment and/or Internet/telecommunications connections; (ii) being efficient, accurate, uninterrupted, safe, free  from errors, without risk of error or available; (iii) being free of viruses, worms, Trojan horses or anything else capable of possessing contaminating or destructive properties and/or any other element capable of being considered reprehensible by certain persons or being adapted to any use whatsoever; or (iv) that the Results will satisfy you and/or meet your requirements once the product is purchased and/or will be realistic. 

7. Term and termination

The Terms of Use shall take effect on the date on which you have accepted them and shall remain in force throughout your use of the Application. We may withdraw the Application at any time. You agree that L’Oréal shall have no liability and that the exercise of such discretionary power shall not result in any payment or compensation whatsoever to you or to any other person. 

8. Applicable law and attribution of jurisdiction

These Terms of Use for the Application shall be governed by French law. 

Any dispute with respect to the validity, interpretation and/or compliance with these terms of use shall be subject to the exclusive jurisdiction of the courts of Paris.