The Site is operated by LA ROCHE-POSAY, part of the Active Cosmetics Division of L'Oréal (U.K.) Limited (a company with registered number 00271555) whose registered office is at 255 Hammersmith Road, London W6 8AZ (hereinafter the "Company", "us" or "we").
The Site is hosted by the VERIZON corporation, the contact details of which are set forth at the end of this document.
1. ACCESS TO THE SITE
To access and use this Site you must be an adult (over 18) and have a valid e-mail address. If you are under 18, the prior authorization from your parents is required.
Prior to entering the Site you may be required to complete certain fields in a form, indicated by an asterisk. Any inaccurate or incomplete registration will not be accepted.
You accept that the data you submit to us and that is stored in our information systems is accurate and may act as proof of your identity. Please inform us as to any applicable change in such data.
Access to the Site and/or certain of its sections may require the use of a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party. You can of course change your identification code or password at any time. However, the number of attempts to access the Site and/or certain of its sections may be limited in order to prevent fraudulent use of such identification code or password. Please inform us of any fraudulent use that you may become aware of.
Even though we try to keep the Site accessible at all times, we cannot guaranty you access in all circumstances. Access to the entire Site, or some parts of the Site, may be interrupted, in particular for reasons of maintenance, updating, or other reasons which are beyond our control. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
2. INTELLECTUAL PROPERTY
LA ROCHE-POSAY is a registered trade mark of L'Oréal S.A., whose registered office is at 14 rue Royale, 75008 Paris, France.
We are either the owner or the licensee of all intellectual property rights in our Site, and in the material published on it (such as marks, images, text, videos, etc.). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The development of this Site represents a significant investment and work by our teams. For this reason, except as expressly stipulated herein, we have not granted you any right other than that of consulting the Site for your strictly personal and private use.
All use, reproduction or representation of the Site (in whole or in part) or of the elements which comprise it or materials published on it, on any media whatsoever, for other purposes, including, but not limited to, commercial purposes, is not authorized.
Users must not modify paper or digital copies of any materials copied, printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
Any other use, including establishing a link to the Site from a third party website owned by you, shall only be authorized with express prior written consent from the Company and/or its licensors. Such consent may be requested at: firstname.lastname@example.org
3. USE OF THE SITE
We would like to remind you that use of the Site implies that you have access to the necessary hardware and software resources for use of the internet, which is not under our control and for which we cannot be held liable. Furthermore, we would like to remind you that this Site is provided without any guarantees, conditions, representations or warranties as to its accuracy, security, availability and integrity of data transmissions.
a. Exclusion of liability
To the extent permitted by law we, other members of our group of companies and third parties connected to us hereby exclude any liability for any direct, indirect or consequential loss of damage incurred by any User in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, (including, but not limited to, by the actions of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material) including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data, loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
b. General obligations of the User
We defend the values of tolerance and respect the rights of others. As such this Site may not be used as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit statements.
In using this Site, you agree not to:
- Distribute or otherwise make available any content that the Company may deem to be harmful, threatening, unlawful, deceptive or misrepresentative of identity or affiliation, injurious, defamatory, non-authorized, malicious, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or image rights, hateful, inciting violence, racial or ethnic hatred or otherwise discriminatory or objectionable;
- use the Site for political, promotional or proselytizing purposes;
- transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- knowingly transmit any data, send, upload or otherwise make available any material that contains viruses, trojans, worms, logic bombs or any other harmful material, programs or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
- attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
- divert any chat forum from its intended purposes, including, but not limited to, using it as a dating service;
- distribute information or content capable of being offensive or inappropriate for children;
- conduct illegal activities, including, but not limited to, infringing intellectual property the rights in software, marks, photographs, images, text, video etc.
- be liable to the Company and its licensors for damages and legal proceedings may be commenced against Users for all costs on an indemnity basis resulting from the breach (including reasonable legal costs);
- be subject to criminal penalties;
c. Specific stipulations for certain Sections
Various sections may be made available to you on this Site: Downloadable Content, On-Line Applications, User Content, chat forums, etc. (the " Sections ").
(i) Downloadable Content
We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be the subject to the prior express authorization from the Company. Any request for this type of authorization should be submitted to us in advance at the following address: email@example.com
(ii) On-Line Applications
We may make available on this Site software applications (the "On-line Applications"). We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the On-Line Applications. You agree not to modify, adapt, reproduce, correct or distribute the On-Line Applications nor any mark or inscription of title set forth on such On-Line Applications and/or any media related thereto.
Any Content that you may create or produce with the On-Line Application shall be considered as User Content (as described in section (iii) "User Content".
Please inform us of any problems encountered with the On-Line Applications at the following address: firstname.lastname@example.org. We will then do our best to correct such problem as soon as possible.
In the event that we provide you with a tool/application which enables images to be edited (and in particular, in order to virtually try a cosmetic product), you acknowledge and agree that such tool/application may solely be used for your own private purposes. You are not authorized to use this tool/application in such a way that may be a disrespectful, injurious and/or infringe the rights of third parties. Consequently, you are not authorized to modify and/or display a third party's image without such third party's prior express consent. Finally you are not authorized to modify and/or display, in whole or in part, material (whether modified via the tool/application or otherwise) provided with the tool/application (and in particular, material displaying models) without our prior express consent.
(iii) User Content and User Actions
We may make available on this Site a space dedicated to user content, such as for example text, photos, videos, etc. ("User Content").
By submitting User Content to us, you automatically grant a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) on any and all medias (including without limitation this Site).
You expressly grant us the right to use the User Content on our own websites as well as third party websites, in particular on "social networking" sites (including without limitation, Facebook, Twitter, Youtube, Dailymotion) including plug-ins and applications on such third party websites, hereinafter referred to as "Third Party Websites"”, as well as in displays in all formats in unlimited quantities, on television, in the print press and magazine, and in any advertising, PR or marketing material (whether print, POS, media or online), educational material or internal material. For the avoidance of doubt, the Site is not managed or sponsored in any manner whatsoever by such Third Party Websites.
You acknowledge and agree that the use of Third Party Websites is exclusively governed by the terms and conditions set up by the Third Party Websites and that such terms and conditions are binding on us in our use of the User Content on the Third Party Websites. We may not be held responsible for any use by us or by a third party of the User Content in accordance with the terms and conditions of the Third Party Websites including without limitation, the scope or duration of any rights and the deletion of the User Content.
You shall be solely responsible for any third party claims relating to the use of the User Content in accordance with the terms and conditions of the Third Party Websites.
Without prejudice to the above, you represent and warrant that you have obtained any necessary consents and have the right to use, copy, distribute and disclose to third parties the User Content.
You acknowledge and agree that the User Content could be subject to "viral" communication (word-of-mouth communication) on Third Party Websites and that we will not be liable for any claim or action in this regard.
You are entirely liable for any User Content that you publish on this Site including but not limited to for any third party claims that the User Content constitutes a violation of their intellectual property rights, or of their right to privacy.
Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that the User Content infringes their rights.
We will not be responsible for, or liable to any third party, for the content or accuracy of any material posted by you or any other user of our Site.
Through Third Party Websites, some actions are made available to you on the Site such as sharing, commenting, and/or appreciating content, hereinafter referred to as "User Actions".
When you proceed with a User Action on or through a Third Party Website, you allow us to have access to certain information from your Third Party Website's account (including your name, profile picture, gender, birthday, networks, user IDs, list of friends and any other information that is communicated to other users of the Third Party Website, people you follow and/or who follow you and the comments and/or the appreciations you make, hereinafter "Public Information") in order to enable these User Actions.
We remind you that some Public Information you provide to us on or through a Third Party Website, is publicly published and can be viewed by anyone who is visiting the Site or a member of a Third Party Website. We are not responsible for the publication of your Public Information and the use that may be made by other users.
If you no longer wish to have your Public Information published on our Site, you are solely responsible for managing your privacy setting on your Third Party Website's account. We will not be responsible for the delay between your modification of your privacy setting and deletion of any activity on our Site or on the internet.
Please inform us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes the rights of others, at the following address email@example.com.
4. INFORMATION CONTAINED ON THE SITE
a. General provisions
We shall use reasonable endeavours to provide you with accurate and up to date information. User acknowledges and agrees that the information, materials and graphics available on this Site may be incomplete, out of date or incorrect.
Inaccuracies and omissions may appear in the information available on this Site in particular through intrusion by third parties. Please inform us about any error or omission at the following e-mail address firstname.lastname@example.org
b. Information on the products and services
Unless provided otherwise, the products and services which are presented to you do not constitute an offer of sale but a general presentation of the range of the products and services that we distribute in the country in which this Site is published.
c. Advice and diagnostic tools
Information, commentary or other materials on the Site are not intended to amount to advice on which reliance should be placed. The Company disclaims all liability and responsibility arising from any reliance placed on the Site. The Company makes no representations or warranties with respect to any information, materials or graphics on this Site.
For any additional information or in case of any doubt, we recommend you consult your doctor and/or write to us at the following address: email@example.com
d. Hypertext links
If you wish to create hypertext links to this Site, a prior request for authorization must be submitted to us at the following address: firstname.lastname@example.org
e. IP addresses and Cookies
Please refer to our Privacy Statement (click here) for information on the cookies used on this Site and how we may collect information on and use your IP address.
5. PRIVACY AND PERSONAL DATA
Please refer to our Privacy Statement (click here) for information on the way we may collect and process your personal data.
This Site is Hosted by the Verizon France corporation, a SAS company with a capital of 45.120.823,47 euros, with its registered office located at 100 Terrasse Boieldieu 92800 PUTEAUX, France, registered in the Commercial and Corporations Register of Nanterre under the number 39851716900023.
8. GOVERNING LAW AND JURISDICTION
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
9. OLAPIC GALLERY
Official editor of content, Webedia ltd.
10. Ratings and Reviews
CUSTOMER RATINGS AND REVIEWS TERMS AND CONDITIONS
• 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;
• 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 La Roche-Posay’s 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 La Roche-Posay);
• that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;
• blank reviews;
• reviews in a language that is not English;
• any unintelligible content (such as content that contains random characters and meaningless word strings).
• blank reviews;
• reviews in a language that is not English;