TERMS OF USE FOR THE APPLICATION "MYBEAUTYCLUB"
EFFECTIVE AS OF NOVEMBER 1st, 2023
Welcome to MyBeautyClub (hereinafter the “Application”), an application made to keep beauty advisors of our Travel Retail circuit in the know by informing you about the latest news, and provide you with dedicated training and a social forum.
Please read carefully these terms of use (hereinafter the “Terms of Use”) before using our Application.
By using this Application, you agree to these Terms of Use without reserve and that you agree to comply with them. If you do not agree to these Terms, you must not use our Application.
LEGAL NOTICE
Contact: E-mail: mybeautyclubemeai@loreal.com
Publisher: L’OREAL TRAVEL RETAIL, a private company incorporated under the laws of France, registered with the Company registry of Nanterre number 919 435 602 and which registered offices are located 62 quai Charles Pasqua, 92300 Levallois-Perret, France (hereinafter “L’OREAL TREMEAI”).
Hosted by: Teach on Mars, a “société par actions simplifiée”, with capital of EUR 37780, having its registered offices at Arteparc-Coloft - 965 Avenue de Roumanille, 06410 Biot, registered with the Antibes Registry of Trade and Companies under number 793 850 462;
Telephone Number: +33 (0) 9 72 62 46 89[CC1]
The information contained in MYBEAUTYCLUB is provided strictly for information purposes, and shall in no event be deemed as a legal obligation or contractual agreement of L’Oréal TREMEAI, which furthermore reserves the right to modify at any time the characteristics thereof.
1. DEFINITIONS
For the purposes hereof:
"We" or "Our" shall mean L’OREAL TREMEAI.
"Application" shall mean MYBEAUTYCLUB, a mobile learning tool including the Lounge as defined below.
"Application Content" shall mean the components and content provided with the Application and/or included therein (including, but not limited to the trainings, content related to the brands products, text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material …).
“Lounge” shall mean the forum developed by SalesForce and used to provide a social tool to the Application.
“Purpose” shall mean providing the User with learning and sharing knowledge about the products of our brands as provided in the Application Content and/or the User Content and for the User’s own personal, non-commercial and private requirements.
"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 has been granted access by L’OREAL TREMEAI to the Application and/or the Application Content and/or who accesses it.
"User Content" shall mean any User’s photos, videos, text, information and other content uploaded to the Lounge by the User and/or used with the Application.
2. ACCESS TO AND USE OF THE APPLICATION
a) General provisions
In order to access the Application and to make use thereof, the User must be granted access by L’OREAL TREMEAI, and be provided with (i) a personal login and (ii) a personal password which offer a secured access to the Application (hereinafter the “Access Codes”).
The right of access to the Application shall not be construed as an obligation to use the Application.
You accept that the data you submit to us and that is stored in our information systems is accurate and acts as proof of your identity. Please inform us as to any applicable change in such data.
The “Access Codes” cannot be used by another person than the authorized User. The User shall not communicate his personal access to the Application and shall ensure under its sole responsibility the confidentiality of such Access Codes.
The User will be able to change his/her Access Codes. However, the number of attempts to access Application may be limited in order to prevent fraudulent use of such codes.
Please inform us of any fraudulent use that you may become aware of. In the event of non-compliance with the rules described in these Terms of Use, we reserve the right to suspend your access to the Application. In such event we will inform you as soon as possible.
The access and use of the Application implies that you have access to internet. The Application shall be downloaded from a specific download page, the Apple Store or Google Play for which an internet access is required. No purchase is necessary as the downloading is free of charge, except for the internet connection and mobile communication fees. Currently, the Application is compatible with devices using IOS 8, 9 and above or Android 5, 6 and above. 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.
Even though we try to keep the Application accessible at all times, we cannot guaranty you access in all circumstances. In fact, and in particular for reasons of maintenance, updating, or other reasons which are beyond our control, access to the Application may be interrupted.
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) Content provided by the Application
The Application may make certain Application Content available to you (including business information, models and content related to our 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 proprietary rights 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.
3. LICENSE AND PURPOSE
The Application, the Application Content and the forum are made available to User under the following terms: We grant the User a personal, free of charge, non-assignable, non-exclusive and non-transferable right to use the Application, the Application Content and the forum for the Purpose
You acknowledge and agree that using the Application, the Application Content and/or the Lounge other than in strict compliance with the Purpose and as expressly authorized in these Terms of Use may cause harm to us and/or our licensors and/or other right holders (including without limitation the models) and you shall in this case be solely responsible for any such unauthorized use of the Application, the Application Content and/or the Lounge.
The User accepts that it has not acquired any other right, of any nature whatsoever, other than that granted pursuant to the present Terms of Use.
The User is not permitted to, agrees and warrants that he will not copy, reproduce, modify or create derivative works of the Lounge or any other element of the Application.
We may, at any time, terminate the right to use the Application 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 at any time.
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 User Content or any part thereof. You may not make any part of our Application available as part of another Application/website, whether by hyperlink framing on the internet or otherwise.
Our Application and the information contained therein may not be used to construct a database of any kind, nor may our Application 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 our Application. You agree to notify us promptly in writing at the following e-mail address: mybeautyclubemeai@loreal.com if you become aware of any unauthorised access to or use of our Application by any party or of any claim that our Application or any of the contents of our Application infringes any copyright, trade mark, or other contractual, statutory rights of any party.
4. USER CONTENT
a) User Content
By posting User Content via the Application, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) license 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).
Said use 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 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.
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.
Any such User Content as you may publish via the 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.
b) Code Of Conduct
You further agree to use User Content and/or use the Lounge forum and to create content in respect of the following Code of Conduct:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret, right of privacy, moral right or other intellectual property or proprietary rights;
- that contains any information about our competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
- that contains any price related information and/or any sensitive information about our clients and/or our competitors;
- that refers to and/or represents 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, privacy, consumer protection, competition, unfair competition, anti-discrimination or advertising);
- that disseminates any content that may be harmful, defamatory, unauthorized, 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;
- that is, or may reasonably be considered to be illegal, infringing, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, obscene, pornographic, or otherwise injurious to third parties or objectionable;
that consists of or contains political campaigning, commercial solicitation or other forms of “spam” regardless of the content;
· that is unrelated to the Purpose including by using it as a dating service;
- that 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;
- that disseminate any information or content that may be upsetting for the youngest;
- that intimidate or harass others;
- that disseminate content (including photographs and videos) portraying minors;
- that uses the Application for political, propaganda or proselytizing purposes;
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;
- 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, worms, Trojan horses or other potentially disruptive or damaging or harmful computer programs, files, codes or attachments;
that could alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of the Application, the Lounge forum or any computer file, database or network.
If you become aware of any such User Content that incites crimes against humanity and/or racial hatred and/or violence, or relate to child pornography, you shall immediately notify Us at the following email address mybeautyclubemeai@loreal.com, specifying in your email 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.-
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: mybeautyclubemeai@loreal.com specifying in your email 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.
According to French law and as per the provisions of article 6-I-5 of Act 2004-575 of June 21, 2004 for confidence in the digital economy (Loi pour la confiance dans l'économie numérique), said notice shall 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. WARNING: The fact for anyone to report any content or activity as unlawful in order to obtain the removal thereof or stop the dissemination thereof by submitting untrue or inaccurate information is punishable by a prison term of one year and a fine of EUR 15,000.
c) 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 MyBeautyClub, 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 contents. For example, you shall secure the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
You shall be solely responsible of the User Content that you upload and/or the Lounge content that you create with this Application and that are entirely your choice and your sole responsibility with respect to any third party claims relating to the use of the Results.
You hereby represent and warrant to us that (i) you own or have obtained all necessary rights and/or authorizations to use and/or upload the User Content and/or the content that you create on the Lounge, (ii) all information and/or User Content you post or submit for posting are accurate and not misleading. We notably recommend avoiding uploading photographs or videos showing recent architectural items, advertising creations, images of clothing designs in which the brand and/or trademark may appear or is recognizable.
5. L’Oréal’s Intellectual Property
We are the owner of all intellectual property rights in our Application, and in the material published on it (including, but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material) This Application Content is protected by copyright laws and treaties around the world. All such rights are reserved.
You acquire no rights or licences in or to our Application Content other than the limited right to use our Application in accordance with these Terms of Use. 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 our Application.
The Application may make available to you some Application Content (especially but without limitation models and content related to our products and/or brands). You acknowledge and agree that such Application Contents are subject to intellectual property law and/or image rights and/or other proprietary rights and are made available solely in compliance with the Purpose.
Therefore any reproduction and/or representation, in whole or in part, of those Application Contents, or of any of the items of which they comprise, on any media whatsoever, for other purposes than expressly describe in these terms of use is expressly prohibited.
Any reproduction, representation, modification or distribution of the Application Content shall be subject to our prior and express authorization. Any such request shall be submitted to us in advance at the following e-mail address: mybeautyclubemeai@loreal.com
6. INFORMATION CONTAINED ON THE APPLICATION
a) General provisions
We try to provide you with accurate and up to date information. Nevertheless, transmissions of data and information over the Internet not benefiting from absolute technical reliability, we cannot guaranty the accuracy of all of the data, timeliness or completeness of any information that is included on this Application.
Furthermore, we would like to stress that inaccuracies and omissions may appear in the information available on this Application in particular through intrusion by third parties. Please inform us about any error or omission at the following e-mail address: mybeautyclubemeai@loreal.com
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 Travel retail circuit in which this Application is available.
c) Training tools
The training made available on this Application and/or the method of sale tools are tools intended for beauty advisors in order to improve their knowledge of our products and brands and/or their expert professional sale method.
d) The Lounge
The Lounge is a space on the Application which permits Users to communicate with one another in accordance with the Purpose and the Terms of Use of the Application. The Lounge is opened to the any User of the application. Anyone can write a topic by register it in a category.
The content of the Lounge is moderated after being published thanks to a priori moderation made by the Community Manager. As provided above, we shall not be held responsible for any content created by you on the Lounge or otherwise.
e) Hypertext links
There may be links that will let you leave this Application or that will let you access this Application from third party sites. Linked third party sites are not under our control and L’OREAL TREMEAI shall not be held 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’OREAL TREMEAI in favour of such site or the products or services contained in any linked site. To the extent that this Application contains links to or may be accessed from outside services and resources, the availability and content of which L’OREAL 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. 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 liability.
7. PERSONAL DATA
We may collect your personal data, including when you: (i) register to with us; (ii) when you contact us through the Application. We may use your personal data in the following different ways:
To provide statistics notably on our learning tools and the use of the Application; these statistical studies are purely informational and shall remain strictly confidential;
To send you news and updates, where you have agreed to this;
To send you notifications, where you have agreed to this;
To administer, monitor and improve our Application, such as managing the User’s requests: if you send us a message, your data is kept and used to send a response to, and manage, your request;
The Application may also collect anonymous statistics and crash reports which we use to improve the Application and our services.
For any further information on the processing of your personal data, please look up our privacy policy here: https://privacy.loreal.com/TRM
8. AMENDMENT TO THE APPLICATION AND THE TERMS OF USE
From time to time, We may amend the contents and information 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.
Please check this page regularly to take notice of any changes we make, as they are binding on you. Your use of our Site following any such change constitutes your agreement to follow and be bound by these Terms as amended.
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.
If at any time you do not wish to accept these Terms, you may not use our Site.
9. CREDITS
The Application was developed for the Publisher by Teach On Mars, Teach on Mars, a “société par actions simplifiée”, with capital of EUR 37780, having its registered offices at Arteparc-Coloft - 965 Avenue de Roumanille, 06410 Biot, registered with the Antibes Registry of Trade and Companies under number 793 850 462;
Email address: contact@teachonmars.com, telephone number: 33 (0) 9 72 62 46 89
10. LANGUAGE
These Terms of Use have been drafted 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, the English version or any of the other translated versions, the English version shall govern for any interpretation and/or application of these Terms of Use.
11. LIMITATION ON LIABILITY
You acknowledge and agree that you have been informed that the Application, the Application Content and/or the Results are provided “as is” and more particularly you recognize that:
The use of the Application shall not vest any right in the User to make any commitment in the name of L’OREAL TREMEAI or any other L’OREAL Group company, and/ or to create any obligation or responsibility whatsoever, express or implied, in the name or on behalf of L’OREAL TREMEAI or any company of the L’OREAL Group.
Moreover, the access and/or use of the Application shall not be construed or interpreted as creating contractual relationship whatsoever, including any employer-employee relationship between L’OREAL TREMEAI or any other L’OREAL Group companies and the User.
12. INDEMNITY
You agree to indemnify, defend, and hold harmless each of L’Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i). your use of our Application;
(ii).any breach by you of these Terms;
(iii). claim that any use of our Application by you
- infringes any intellectual property rights of any third party, or any right of personality or publicity, or
- 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, our Application by you; or
(v). any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of these Terms to your use of our Application shall be deemed to include any use by a third party where such a third party accesses our Application using your computer.
You agree to pay L’Oréal, 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.
13. 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 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.
14. DISCLAIMER
We shall use our best efforts to maintain access to the Application 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;
- Any defaulting reception equipment or communication networks; and
- Any such Internet malfunction 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.
15. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These Terms of Use for the Application and our relationship with the User shall be governed by the laws of France.
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 the laws of France.
16. ENTIRE AGREEMENT
Except as provided herein, these Terms and any other terms of use or policies referred to in them 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.
17. SEVERANCE & WAIVER
If any provision of these Terms 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 these Terms, which shall remain in full force and effect.
GENERAL TERMS OF USE FOR THE APPLICATION « MYBEAUTYCLUB »
Welcome to MYBEAUTYCLUB, an application made to keep beauty advisors of our Travel Retail circuit in the know by informing you about the latest news, and provided you with dedicated training and a social forum. MYBEAUTYCLUB is a creative work protected by intellectual property laws. It has been developed for L’OREAL Travel Retail EMEAI, a private company incorporated under the laws of France, registered with the Company registry of Nanterre under number919.435.602 and which registered offices are located 62 quai Charles Pasqua, 92300 Levallois-Perret
I accept the Terms of Use for using this Application and my Personal Data
For more information on how we use your personal data, please see our privacy policy: https://privacy.loreal.com/TRM/