TERMS OF USE OF WEBSITE

Welcome on this Website dedicated to YSL Beauty (hereinafter the "Site").

Please read carefully these terms of use which govern the use of this Website (hereinafter the “Terms of Use”). By using this Website, you agree to these Terms of Use.

For any request relating to your use of the Website, you may contact Us here.

1. ACCESS TO THE WEBSITE



To access and use this Website you need to be sixteen (16) years old. We hereby reserve the right to request that You provide an identification document evidencing your age. We reserve the right not to respond to an order and/or to exclude from our customer/prospect database any Purchaser who fails to satisfy such request or meet the requirements under this section.

You may freely use the Website, without being required to sign in or create an account.

By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms, you must not use the Website.

Access to the Website and/or certain sections thereof may require the use of PIN codes. In such case, you must keep this information confidential, not disclose it to any third party and take the necessary steps to keep such codes secret. You may change them at any time. However, the number of attempts to access the Website and/or certain section thereof may be limited in order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access.

Our Website is made available free of charge. Additional fees for accessing and using the Internet remain at your charge.

2. VIRTUAL-TRY-ON FEATURE



This Website may provide you with a make-up or hair-color try-on feature. You can choose the live service (using your device webcam) or an existing picture (uploaded from your device).

The result of the experience (picture with make-up or hair-color) can be downloaded on your device and you may have the option to share it on social platforms. You are free not to use this service.

Pictures are not stored by Us, unless you use the sharing on social platforms, in such case, the picture will be stored for a period of 49 hours. The picture is deleted automatically after such period.

If you share the result of the experience outside of the virtual-try-on feature (through native features available in your device) We will not be involved in such sharing and no personal data shall be processed by Us as a result of such sharing.

3. SKIN ANALYSIS FEATURE



This Website may allow you to use a skin analysis feature. This is an online service capable of analyzing skin aging with one picture based on artificial intelligence. Your picture is analyzed and then, based on your age and skin type, you will be provided with your skin results and a personalized skincare routine. You have the possibility to receive the report and the product recommendation via e-mail and to subscribe to the newsletter. You are free not to use this service.

The picture collected through this service is only used to perform the skin analysis and will be deleted automatically post analysis.

4. INTELLECTUAL PROPERTY



a. Intellectual property rights

Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. All such rights are reserved.

No use, reproduction or representation of the Website (in whole or in part) and its content, on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorised. We may make available to you via this Website content that you are authorised to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by UK and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website or its content shall be prohibited. By downloading or using such Downloadable Content, you agree to use the Downloadable Content in accordance with these Terms of Use.

In the event this Website enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that the Website shall be only for your own private use in compliance with Our intended purpose. You shall not be authorised to make any use of this Website as may be detrimental to the honor, repute or rights of any third parties as described below.

b. Third-party rights

We hereby remind you that you shall secure all the necessary authorisations and rights from any relevant rights holders in connection with any content you may wish to post via the Website, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to any person’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 items of a website, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

c. User Contents

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

By posting User Content via the Website, you retain all of your ownership rights in your User Content but you grant Us, for the legal protection period of intellectual property rights as defined by UK and foreign laws and international treaties, a royalty-free, irrevocable, non-exclusive, worldwide licence, for the purposes described below, to reproduce, display, use, store, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works and distribute such User Content (in whole or in part).

Our use of User Content shall be authorised 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, business to business communications, 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 each and together the “Media”).

Please note, the social networks described above are platforms owned by third-parties and, accordingly, the circulation and use of User Content via these social networks shall be governed by the terms of use defined by such third parties. Therefore We shall not be held responsible for any use of the User 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 User Content. You shall be responsible for handling any third-party claims relating to the use of the User Content in accordance with the terms of use defined by the social networks.

In addition, please note, any User Content may be referenced on a search engine and therefore be accessed by an audience outside the Website.

This authorization gives Us the possibility to adapt your User Content and/or make any clarifications to the User Content as We may consider useful, provided that the overall meaning / message of the User Content and your images shall not be altered.

Further, when using User Content, We may also use anonymized information such as your city, country or age. If you have expressly authorized it, We may also use information allowing your identification, such as your first name or your alias.

Any User Content you publish via this Website 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 in these Terms of Use. In this regard, We reserve the right to remove at any time any User Content which does not comply with these Terms of Use, including the Code of Conduct (see no. 5 below).

You warrant that your User Content will comply with applicable legislation and accepted standards of morality and with Our Code of Conduct, and you will be liable to us and indemnify Us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You agree that We will have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to this Website constitutes a violation of their intellectual property rights, or of their right to privacy.

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

Regarding the reviews that you may publish on the Website, you hereby acknowledge that L’OREAL may translate and publish your review on its social media pages and on any foreign version of the Website (in particular: www.yslbeauty.de, www.yslbeauty.it, www.yslbeauty.es, www.yslbeauty.fr, www.www.yslbeauty.at, www.yslbeauty.be, www.yslbeauty.nl, www.yslbeauty.ch.

5. CODE OF CONDUCT



We support the values of tolerance and respect of others.

By using this Website, you agree not to:

1. Breach any applicable local, national or international law or regulation;
2. Use Our Website in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
3. Publish or provide personal data that could be considered as "sensitive" data, including:
• data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs;
• membership of a trade union or syndicate,
• genetic or biometric data that allow personal identification of a human being;
• data relating to health;
• data concerning sexuality or sexual orientation;
4. Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
5. Disseminate 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;
6. Use the Website for political, propaganda or proselytizing purposes;
7. Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
8. Divert the Website from its intended purpose, including by using it as a dating service;
9. Impersonate any person or misrepresent your identity or affiliation with any person;
10. 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;
11. Disseminate any information or content that may be upsetting to any person, including children;
12. Intimidate, bully, insult, humiliate or harass others;
13. Harm or attempt to harm minors in any way;
14. Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
15. Promote illegal content or activity;
16. Disseminate content (including photographs and videos) portraying minors;
17. Reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms of Use;
18. Access without authority, interfere with, damage or disrupt any part of the Website or any equipment or network on which the Website is stored or any software used in the provision of the Website or any equipment, network or software owned or used by any third party;
19. Transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and
20. Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Failure to comply with the principles listed above constitutes a material breach of these Terms of Use and may result in Us taking action against you, including but not limited to:

• Immediate, temporary or permanent withdrawal of your right to use this Website.
• Immediate, temporary or permanent removal of any contribution uploaded by you to this Website.
• Issue of a warning to you.
• Legal proceedings against.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

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: here, or by sending a detailed letter to the following address: L’OREAL– 14, rue Royale – 75008 Paris, specifying in your email/letter the date on which you discovered such User Content, your identity, the URL, description of the reported User Content and the user ID of the author of the User Content.

6. INFORMATION CONTAINED ON THE WEBSITE



a. General provisions

Please be aware, inaccuracies and omissions may appear in the information available on this Website, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Website as soon as reasonably possible.

b. Advice and beauty profile

The information provided on this Website and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice. It is provided for general information only and is not intended to amount to advice on which you should rely.

The information delivered by this Website and/or the tools available are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

Accordingly, We cannot guarantee your entire satisfaction with the information You gain from the use of this Website and/or the tools available and assume no liability for any use you may make of such information.

Although we make reasonable efforts to update the information on this Website, we make no representations, warranties or guarantees, whether express or implied, that the content on this Website is accurate, complete or up to date.

c. Hypertext links

The hypertext links included on the Website may lead you to websites published by third parties, the content of which We cannot control. Clicking on any hypertext links and browsing any third-party websites shall be your own decision and your sole liability.

d. User-generated content not approved by Us

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on Our Website do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us using the contact details provided below.

7. PERSONAL DATA



We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study.

For any further information on the processing of your personal data, please look up our privacy policy here.

8. COOKIES

Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever you access the same Website (hereinafter “Cookies”).

For further information on the use of cookies on this Website, please consult our cookie table here.

9. AMENDMENT TO THE WEBSITE AND THE TERMS OF USE



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

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

10. TRANSFER OF THESE TERMS OF USE



We may transfer Our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under these Terms of Use.

11. OUR WEBSITE IS ONLY FOR USERS IN THE UNITED KINGDOM



The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate for use or available in other locations.

12. VIRUSES



We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

13. DISCLAIMER AND LIABILITY



We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Website or any content on it. Indeed, we may be required to momentarily suspend access or withdraw or restrict the availability to all or any part of the Website for business and operational reasons, particularly for technical maintenance purposes. We will try to give you reasonable notice of any suspension or withdrawal.

Please note, the Internet and IT or telecommunication networks are not error-free and 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 Internet malfunction which hinders the proper operation of the Website.

This Website is provided for domestic and private use only. You agree not to use the Website for any commercial or business purposes. Notwithstanding this, if you do use this Website for any commercial or business purposes, We will have no liability to you for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption, loss of data or loss of business opportunity.Subject to the remainder of this section, We shall not be liable in contract, tort, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms of Use or the Website.

Subject to the remainder of these Terms of Use, all conditions, warranties and obligations which may be implied or incorporated into these Terms of Use by statute, common law, or otherwise and any liabilities arising from them are hereby excluded to the extent permitted by law.

The above exclusions of liability do not apply:

• (i) where it would be unlawful for Us to exclude or limit Our liability; or
• (ii) to any liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation; or
• (iii) to any liability resulting from applicable product liability laws; or
• (iv) to any other liability for direct loss caused by our negligence.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

14. GOVERNING LAW AND DISPUTES



These Terms of Use shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use.

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