TERMS OF USE OF THE APPLICATION

MY SKIN TRACK UV

Effective as of 11/06/2019

 

Welcome to the MY SKIN TRACK UV application (hereinafter the "Application").

 

Please carefully read these Terms of Use which govern the use of this Application (hereinafter the “Terms of Use”). By installing, accessing or using this Application, you acknowledge that you have read, understood and agreed to comply with these Terms of Use. If you do not accept any of these terms, please do not use the Application.

 

For any request relating to your use of the Application, you may contact Us at the following address: La Roche Posay, 255 Hammersmith Road, London W6 8AZ or by email at [email protected]

 

 

LEGAL NOTICE

 

Contact: E-mail: [email protected] - Telephone Number: +44 800 085 4376

 

Publisher: L’Oréal (UK) Limited ("L’Oréal") Registered Office: 255 Hammersmith Road, London W6 8AZ

UNITED KINGDOM, Tel : +44 (0) 208 762 4000 (hereinafter the "Publisher" or "We" or “Us”).

 

 

GENERAL

 

We may from time to time at our sole discretion change the terms that govern your use of our Application. Your use of our Application following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We may change, move or delete portions of, or may add to, our Application from time to time. From time to time additional terms and conditions may apply to the purchase of particular products and other uses of this Application, and you agree to such Terms of Use.

 

We encourage you to frequently review these Terms of Use to ensure you understand the terms and conditions that apply to your use of the Application. If you do not agree to the amended Terms of Use you must stop using the services and delete/disable the Application from your device (and delete your account should this become

applicable).

 

  1. 1.      ACCESS TO THE APPLICATION

 

  1. Who can use it?

 

To access and use this Application you need to be at least 16 years of age.

 

  1. How to download and access it?

 

The Application shall be delivered solely via electronic download from APP STORE and GOOGLE PLAY (hereinafter the "Platform"). You may download from the Platform (i) a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform.

 

The territory for which the Application user licence is granted is for the United Kingdom and Republic of Ireland.

 

  1. On what device?

 

The installation and use of the Application 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 Application. 

 

Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet. We shall bear no liability for any network or roaming costs in connection with the Application updates. 

 

  1. At what price?

 

We hereby grant you a free licence to use the Application.

 

You shall bear any further expenses for accessing and using the Internet and/or purchasing a product via the Application. In no event shall we be liable for any network and/or roaming charges relating to updates to the Application.

 

Although We endeavor to keep the Application accessible at all times, We cannot guarantee said access to you under all circumstances (maintenance, update, force majeure event or other reason beyond our control).

 

  1. 2.      USE

 

  1. "Licence"

 

As of the effective date of these Terms of Use, subject to compliance with the terms hereof, We hereby grant you on a personal, free of charge, non-assignable, non-exclusive, revocable and non-transferable right to use  the Application, during the period of use of the Application exclusively for personal, non-commercial, private, informational purposes (the "Purpose"). The territory for which the Application user licence described in this Section 2.a. (the "Licence") is hereby granted shall be within the United Kingdom and the Republic of Ireland.

The Application user shall procure compliance with these Terms of Use by anyone acting in your name or on your behalf.

 

  1. Applicable requirements

 

The Application may make certain content available to you (including content related to our products and/or brands). You recognize and accept that the Application and/or the Application Content are subject to intellectual property rights and/or image rights and/or other rights of ownership and are only made available within the framework of the Licence and in conformity with the Purpose. In consequence, any reproduction and/or performance, in whole or in part, of the Application or the 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.

 

You, the User, shall in this case be solely responsible for any such unauthorised use of the Application, the Application Content or the Downloadable Content.

 

In connection with your use of the Application, you hereby agree not to:  

 

(a) Duplicate, copy or use the Application for any purposes other than as expressly authorised under these Terms of Use;

(b) Attempt (or encourage or support others’ attempts) to reverse engineer, disassemble or decompile the Application, except for purposes of interoperability, as defined by law;

(c) Adapt, correct, update or alter the Application in any way;

(d) Create any derivative work based on all or any part of the Application;

(e) Disclose or publish the results of performance tests on the Application without Our prior written consent;

(f) Lease or sublicense the Application to any third party;

(g) Mask, remove or alter any notice or reference to our proprietary rights;

(h) Correct any error, anomaly, bug or other malfunction or failure affecting the Application;

(i) Scrape, data mine, use bots or use anything else to gather or extract data;

(j) Install the Application if you are in a country outside of the United Kingdom or the Republic of Ireland; and

(k) Use the Application and/or publish any content via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s).  

 

Any representation, reproduction, modification, alteration, of all or part of the Application, by any means and in any medium whatsoever, without express prior permission, is prohibited and subject to the criminal and civil

liability of its author.

 

The Licence shall be effective upon your use of the Application (or, as applicable, when clicking on the “I

Accept” (or equivalent) button located before your access to the Application) and shall continue in effect

until termination of the Licence by Us. We may, at any time, terminate the Licence and your access to all or

part of the Application without any advance notice. We may also change or discontinue at our discretion any

or all of Application’s services at any time, or modify these Terms of Use (including the Licence) at any time.

 

  1. 3.      INTELLECTUAL PROPERTY

 

  1. Intellectual property rights

 

The Application, the Application Content and the Downloadable Content (as defined below) are protected by copyright, trademark and/or other proprietary rights.

 

The Application, and the Application Content including (but not limited to) text, content, software, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material is protected by copyright, trademark and/or other proprietary rights. The Application Content includes both content owned or controlled by Us and content owned or controlled by third parties and licensed to Us. All such rights are reserved. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Application. You may not use any trademarks or trade names contained in the Application without prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You must not use any part of the Application Content on our App for commercial purposes without obtaining a licence to do so from Us or from our licensors.

 

Within the Application, We authorize the ability to download or share via social media (hereinafter the "Downloadable Content"). We grant you, for your personal use only, free of charge, a non-exclusive, revocable and non-transferable right to use the Downloadable Content for the Purpose. Any reproduction, representation, modification or distribution of the Application shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.

 

The Downloadable Content includes both content owned or controlled by Us and content owned or controlled by third parties and licensed to Us. All such rights are reserved. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Application.

 

You may not use any trademarks or trade names contained in the Application without prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You must not use any part of the Application or the Downloadable Content for commercial purposes without obtaining a licence to do so from Us or from our licensors.

 

  1. Third-party rights

 

We hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rightsholders in connection with any content you may wish to post via the Application, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such content. For example, you shall secure the rights in and to any content (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

 

  1. User Content

 

We may make available via this Application a space dedicated to user content, such as text, photos, videos, opinions, etc. (hereinafter "User Content").

 

By posting User Content via the Application, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide licence for the legal protection period of intellectual property rights to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).

 

In particular, We shall be authorised to use the User Content for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:

  • Posting in all format, in unlimited quantity,
  • The written press, unlimited number of publications,
  • Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands, B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
  • Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion),
  • Unlimited number of inserts and broadcasts, via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (hereinafter the “Media”).

 

You are hereby informed that said social networks are platforms owned by third-parties and, accordingly, the circulation and use of User Content via said social networks shall be governed by the terms of use defined by said third parties.  Therefore We shall not be held responsible for any use of the content by Us or any third parties in accordance with the terms of use defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of Content.  You shall be responsible for handling any third-party claims relating to the use of the Content in accordance with the terms of use defined by the social networks.

 

In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Application.

 

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 authorised it, information allowing your identification such as your first name, or your alias.

 

Any such User Content as you may publish via this Application shall be chosen by you and under your sole liability.  However, We would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein.  In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct.

 

In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.

 

 

  1. 4.      CODE OF CONDUCT

 

We support the values of tolerance and respect of others.

 

For this reason, by using this Application, you agree not to:

 

  • Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;

 

  • Disseminate any content that may be harmful, defamatory, unauthorised, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;

 

  • Use the Application for political, propaganda or proselytizing purposes;

 

  • Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application;

 

  • Divert the Application from its intended purpose;

 

  • Disseminate any information that may directly or indirectly allow the nominal and specific identification of  an individual without prior and express consent, such as their last name, postal address, email address, telephone number;

 

  • Disseminate any information or content that may be upsetting ;

 

  • Intimidate or harass others;

 

  • Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;

 

  • Disseminate content (including photographs and videos) portraying minors.

 

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 [email protected] , or by sending a detailed letter to the following address: Consumer Advice 255 Hammersmith Road, London W6 8AZ, 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 its author.

 

If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: [email protected], or by sending a detailed letter to the following address: Consumer Advice 255 Hammersmith Road, London W6 8AZ, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.

 

Said notice should contain:

-           the date of the notice;

-           if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;

-           the addressee’s name and address or, if a legal entity, its corporate name and registered offices;

-           a description and specific location of the reported facts (e.g., URL link to the reported content;

-           the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts;

-           a copy of any correspondence sent to the author or publisher of the reported information or activities requesting their interruption, removal or alteration, or justification that the author or publisher could not be reached.

 

Any incomplete notice may not be considered.

 

You hereby represent and warrant to us that (i) you own or have all the necessary rights and/or authorisations

to use and/or upload the User Content (ii) all information and/or User Content you post or submit for posting is accurate and not misleading.

 

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through

your use of our Application. When a breach of this policy has occurred, we may take such action as we

deem appropriate, and may result in our taking all or any of the following actions:

 

  • Immediate, temporary or permanent withdrawal of your right to use our Application.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Application.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

To the maximum extent permissible under applicable law, we exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in these Terms or Use are not limited, and we may take any other action we reasonably deem appropriate.

 

  1. 5.      INFORMATION CONTAINED ON THE APPLICATION

 

  1. General provisions

 

We try to provide you with accurate and up to date information, however, inaccuracies and omissions may

appear in the information available on this Application. Please inform us about any error or omission at the

following e-mail [email protected].

 

  1. Advice and beauty profile

 

The products presented to you on this Application and/or the tools made available to define your beauty profile are merely simulations. We recommend that you obtain expert cosmetics advice and / or conduct independent research before purchasing any products.

 

The information delivered by the Application is strictly for indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor can it be substituted for a medical treatment.

 

Accordingly, We cannot guarantee your entire satisfaction with the advice that results from the use of such tools and We assume no liability for any use you may make thereof to the maximum extent permissible under applicable law.

 

For any further information or in the event of doubt, We recommend that you consult your physician.

 

  1. Hypertext links

 

The hypertext links included on the Application may lead you to websites published by third parties and the content of which We do not control.  Accordingly, to the extent that said hypertext links were included on this Application for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole, exclusive liability.

 

  1. 6.      PERSONAL DATA

 

We do currently not collect any personal data such as your Name, Address, Telephone number, Email, Age, Date of Birth, via the Application. We may collect your IP address and type of browser for our systems administration and/or statistics purposes, without identifying this or any other personal data.

 

The Application may also collect anonymous statistics and crash reports which we use to improve the

Application and our services. None of this information can be used to identify you.

 

  1. 7.      LANGUAGE

 

These Terms of Use have been drafted in English. You agree that you have read and understood these Terms of Use and have been fully informed of the rights and obligations that arise from them.

 

  1. 8.      AMENDMENT TO THE APPLICATION AND THE TERMS OF USE

 

We may amend the contents andinformation included on the Application as well these Terms of Use, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Application.

 

Any amendment shall be notified to you via the Application before becoming effective under these Terms of Use.  Unless the amendment requires your express approval, your continued use of the Application shall be deemed as your acceptance of the new Terms of Use.   

 

  1. 9.      LIMITATION OF LIABILITY

 

You acknowledge and agree that you have been informed that the Application, the Application Content and the Downloadable Content is provided “as is” and more particularly you recognize that:

 

  • The Use of the Application is at your sole risk;
  • We and/or our licensors provide no warranties whatsoever, including, but not limited to, those with respect to hidden defects, conformity, fitness for a particular use or purpose, and non-infringement and do not warrant that the Application, the Application Content and/ or the Downloadable Content (i) conforms to the requirements or preferences of the User or its computer environment or its  internet/telecommunication connection; (ii) is efficient, available, accurate, uninterrupted, secure, error free or without risk of error or; (iii) is free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties, containing no material which some individuals may deem objectionable, suitable for any purpose; (iv) any subsequent results on the User will be satisfactory to you and/or meet your requirements upon the actual purchase of any products or services you deem appropriate and/or will be realistic. All the results of the Application are only given for information purposes. In no case could we be held liable for any inaccuracies with the results of the Application.
  • You agree to hold harmless and indemnify Us, and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim arising from or in any way related to (a) your breach of these Terms of Use, (b) your use of the User Content, Application or the results or (c) your violation of applicable laws, rules or regulations in connection with the User Content, Application or the results. In such a case, we will provide you with written notice of such claim, suit or action.
  • You agree that We will not be liable for any direct or indirect damages resulting from the access or use of the Application, the results or the use of the products recommended under the latter. This limitation of liability applies to L’Oréal, its subsidiaries, directors, agents, contractors, officials and employees.

 

  1. 10.   TERM AND TERMINATION

 

The Terms of Use shall take effect on the date on which you first install, access, use, or accept these Terms of Use for the Application and shall remain in force throughout your use of the Application. We may withdraw the Application at any time. You agree that we 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.

 

  1. 11.   WAIVER AND SEVERANCE

 

If We fail to insist that you perform any of your obligations under these Terms of Use, or if We do not enforce our rights against you, or We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with these obligations. If We do waive a default by you, We will only do so in writing, and that does not mean that We will automatically waive any subsequent default by you.

 

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

  1. 12.   APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

 

These terms of use for the Application and our relationship with you shall be governed by the laws of

England.

 

Any proceedings in connection with or related to this Application or any dispute as to the validity,

interpretation and/or performance of these terms of use shall be subject to the exclusive jurisdiction of

England.                  

 

  1. 13.   CREDITS

 

The Application was developed for the Publisher by Vinsol US Inc., a corporation with capital of USD 100, having its registered offices at 680 8th Street, Suite 255, San Francisco CA 94103, USA, registered with the Delaware Registry of Trade and Companies under number 6436799, email address: [email protected], telephone number: +1(415) 680 3362.

 

  1. 14.   DISCLAIMER

 

We shall use our best efforts to maintain access to the Application, the Application Content and Downloadable Content at all times.  However, We cannot guarantee the permanent availability and accessibility of the Application. Indeed, we may be required to momentarily suspend access to all or part of the Application, particularly for technical maintenance purposes.

 

It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur.  We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:

-        Poor transmission and/or reception of any data and/or information via the Internet;

-        Any external intrusions or computer viruses;

-        Any defaulting reception equipment or communication networks; and

-        Any such Internet malfunctions as may hinder the proper operation of the Application.

 

Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.