WEBSITE TERMS AND CONDITIONS
Welcome to this site dedicated to the Cacharel brand, accessible via the following URL address: www.cacharel.com (the “Site”).
Please read these Terms and Conditions carefully, they explain the rules which govern the use of this Site. Using this Site implies unreserved acceptance of these Terms and Conditions.
This Site was developed for and is published by L’OREAL PRODUITS DE LUXE INTERNATIONAL, a partnership with a share capital of 98,040 euros whose registered office is at 106 rue Danton 92300 LEVALLOIS PERRET, FRANCE, registered in Nanterre under the number 309 064 947, and acting on behalf of the Cacharel brand (hereinafter “the Publisher” or “we”).
Publication Director: Julie Ceccaldi
The Site is hosted by [FILL IN], whose contact details appear at the end of this document.
1. Acces to the site
This Site is for the use of adults who have a valid email address. Minors require the prior authorization of their parents.
You may be required to complete obligatory sections of a form; these will be indicated by an asterisk to show that they are obligatory. In these cases you must complete these sections before entering the Site. Inaccurate or incomplete registrations will not be accepted.
You warrant that the data you provide us with and that we store in our computer systems are accurate and represent your true identity. Please inform us of any changes to these data.
Access to the Site and/or certain of its Sections may require use of personal access codes. In such a case it is your responsibility to take appropriate measures to ensure that these codes remain secret. You may alter your secret code at any time. However, the number of attempts to access the Site and/or certain of its Sections may be limited for the purpose of preventing fraudulent use of these codes. Please inform us of any fraudulent use that may come to your attention.
We reserve the right to suspend your access to the Site in the event of a failure to observe the rules set out in these Terms and Conditions. We will inform you as rapidly as possible should this be the case.
Although we make every effort to ensure that the Site is accessible at all times, we are unable to guarantee that you will be able to access it under all circumstances. Access to the Site may be interrupted for maintenance, carrying out updates, or any other reason beyond our control.
2. Intellectual property
The Site and all its component elements (such as brands, pictures, texts, videos, etc.) are protected under the laws of intellectual property. Developing this Site required a considerable investment and is the result of extensive collaborative work by our teams. For these reasons, and except where explicitly authorized by this document, we grant you no other rights than permission to consult this Site strictly for your personal and private use alone. All other use, reproduction or representation of the Site (in part or in its entirety) or of its component elements, in any form or by any means, for other purposes, notably commercial, are strictly prohibited. In exceptional circumstances, we may grant you explicit permission to reproduce and/or represent all or part of the Site in certain forms. All requests for permission for this type of use must be made to us beforehand, using the Contact section of our Site.
3. Use of the site
First of all, you are reminded that use of the Site requires that you have access to the equipment and software needed to use the internet.
We would remind you that the internet does not guarantee the safety, availability or integrity of data transmissions, and that we cannot be held responsible for errors, omissions, deletions, delays, malfunctions (especially caused by a virus), lines of communication, computer equipment and software over which we have no control, nor can we be held responsible for unauthorized use or alteration of any content that you may have published on this Site.
a. General User Obligations
We believe in tolerance and respect for others. For this reason, this Site cannot be used to disseminate messages of a racist, violent, xenophobic, malicious, obscene or illegal nature.
By using this Site, you undertake not to:
- publish content that is injurious, defamatory, unauthorized, malicious, that infringes rights to privacy or image rights, that incites violence, or racial or ethnic hatred;
- use the Site for political, propaganda or proselytizing purposes;
- publish advertising or promotional content;
- divert the Discussion Forum from its purpose, especially by using it as a place to meet people;
- disseminate information or content liable to shock children;
- undertake illegal activities, particularly by infringing the rights of the owners of software, brands, photographs, pictures, texts, videos, etc.
You are reminded that you must hold all the rights and/or authorizations needed for any content that you wish to publish on this Site. You are therefore encouraged not to publish content (particularly photographs) in which can be seen recent architectural elements, advertisements and clothing where the brand is visible (graphic, logos, etc.). Finally, we must inform you that no content (especially photographs and videos) depicting minors will be accepted on this Site.
b. Special conditions for certain Sections
This Site may make various Sections available to you: Downloadable Content, Online Applications, User Content, Discussion Forum, etc. (the “Section(s)”).
(i) Downloadable Content
We may decide to make available to you on this Site content that you are authorized to download (“Downloadable Content”). By downloading or using this Downloadable Content, you undertake to use it in accordance with these Terms and Conditions.
We transfer to you, for your personal and private use alone, at no cost and for the legal term of copyright protection, a non-exclusive and non-transferable right to use the Downloadable Content. All reproduction, representation, modification or distribution of the Downloadable Content must be explicitly authorized by us. All requests for permission for this type of use must be made to us beforehand, using the Contact section of our Site.
(ii) Online Applications
We may decide to make applications available to you on this Site (the “Online Applications”). We transfer to you, for your personal and private use alone, at no cost and for the duration that these Online Applications remain accessible, a non-exclusive and non-transferable right to use the Online Applications. You undertake not to modify, adapt, reproduce, correct or distribute these Online Applications or any branding or ownership markings that they may be displayed on the Online Applications and/or related media.
We ask you to inform us of any malfunctions affecting an Online Application using the Contact section, and we will do our utmost to fix any possible malfunction as soon as we can.
In the event that we make available to you an image editing tool/application (especially for the purpose of virtual testing of cosmetic products), you acknowledge and accept that the said tool/application can be used only for the intended purpose and for your private use alone. You may not use this tool/application in such a way as to infringe the dignity, reputation or image rights of any third party. You are therefore not permitted to modify and/or distribute an image of a third party without explicit prior permission. You are not authorized to modify and/or distribute all or part of content (modified or not using the tool/application) supplied with the tool/application (particularly content depicting models) without our explicit prior permission.
(iii) User Content
We may decide to make available to you on this Site an area intended to host content from users, for example text, photos, videos, etc. (the “User Content”).
By publishing User Content on the Site, you are granting us a free of charge, perpetual, irrevocable, non-exclusive worldwide license to use, copy, modify, adapt, distribute, translate, create derivative works, integrate into other content and distribute the User Content (wholly or in part) for all media (including, without limitation, this Site).
You expressly authorize us to use the Content on our own sites, as well as on those of third parties, in particular on social network and community sites.
You acknowledge and accept that the use of social networks is governed exclusively by the terms and conditions established by these social networks. You therefore expressly acknowledge and accept that we will be constrained, in our use of the Content, by the terms established by these third party sites. We therefore cannot be held responsible for any use of the Content by us or by third parties that complies with the terms and conditions established by the social networks, notably as regards the scope of any rights conceded, their duration and the deletion of Content.
You alone will be responsible for any claim against any third party concerning use of the Content in conformity with the terms and conditions established by the social networks.
Without prejudice to the above, you undertake that you have informed and obtained the permission of all rights owners for the use of this Content on third party websites such as social networks.
You acknowledge and accept (and warrant that you have informed and obtained the permission of rights owners) that the Content may subject to distribution in a form known as “viral” via these third party websites and that we cannot be held responsible for any claim made by a rights owner in this regard.
The User Content that you publish on this Site is a matter of your choice and your exclusive responsibility. We would remind you that User Content must not infringe applicable laws or offend public decency, and must not infringe the rights of others. We therefore reserve the right to withdraw at any moment any User Content that is manifestly unlawful and/or offensive to public decency and/or infringes the rights of others.
We ask that you inform us of all User Content that you feel infringes applicable laws and/or offends public decency and/or the principles set out in this document and/or infringes the rights of others, using the Contact section of our Site.
(iv) Discussion Forum
We may decide to make available to you on this Site a space to enable you to communicate with other users (the “Discussion Forum”).
The Discussion Forum must be used in a way that does not infringe applicable laws, offend public decency, in in a manner contrary to the principles set out in this document, or infringe the rights of others.
We ask you to inform us of any communication that you feel infringes applicable laws and/or offends public decency and/or the principles set out in this document and/or infringes the rights of others, using the Contact section of our Site.
4. Information appearing on the site
a. General Conditions
We make every effort to provide you with information that is accurate and up to date. However, data and information transmission via the internet is not always reliable, and we are therefore unable to guarantee the accuracy of all the information on this Site.
Furthermore, we must remind you that inaccuracies and omissions may appear in the information on this Site as the result of acts by third parties. We would ask you to inform us of any inaccuracy or omission using the Contact section of our Site.
b. Information about products and services
Unless otherwise stated, the products and services displayed on this Site do not constitute an offer to sell, they are simply a general presentation of the range of products and services that we offer in the country where this Site is distributed
c. Advice and diagnostic tools
The advice provided on this Site and/or any diagnostic tools that may be made available are simply simulations intended to provide cosmetic advice.
The information that they provide is strictly indicative, and can under no circumstances substitute for a medical diagnosis or clinical examination, nor can it substitute for medical treatment of any description.
Consequently, we cannot guarantee that you will be entirely satisfied with the advice obtained by using these tools and we accept no liability whatsoever for any use that you may make of them.
For any further information, or for the avoidance of doubt, we recommend that you consult your doctor and/or write to us using the Contact section of our Site.
d. Hypertext links
Hypertext links on this Site may direct you to websites published by third parties whose content we do not control. Consequently, and insofar as hypertext links have been included on this Site only to make it easier for you to browse the internet, the decision whether or not to consult third party websites is yours alone, and is made entirely under your own responsibility.
Furthermore, if you wish to create hypertext links to this Site, you must send us a request for authorization beforehand using the Contact section of our Site.
Cookies are small files stored on your computer when you are browsing a website (for example, the pages you have visited, date and time of visit, etc.) and the same website will be able to read them next time you visit it.
To make sure that you can benefit from the full range of this Site’s features, we recommend that you authorize the storage of cookies. We would remind you that cookies cannot be used to identify you and that information is stored on your computer for no longer than six months.
Nevertheless, and in line with the recommendations issued by the French data protection authority, we must inform you that you have the right to refuse storage of cookies by configuring your browser accordingly (information available at http://www.cnil.fr in the sections on cookies).
5. Personal data
At times, we may collect your personal data, including when you (i) sign up for a service, (ii) download a Downloadable Content, (iii) use a Section and/or diagnostic tool, (iv) sign up for a game/competition, (v) send us an email or (vi) reply to a questionnaire or survey.
Such personal data will be subject to automated processing exclusively for use in managing our database of existing and prospective customers. The data may be used for the following purposes:
- Statistical studies: we compile and analyze your data in order to define your profile and offer you services better suited to your needs. These statistical studies are strictly confidential;
- Customer relation management: if you send us a message, the data are stored and used to provide you with an answer to your request and for tracking;
- Provision of services: sending out newsletters, access to certain advice areas, etc.;
- Where you have checked the box authorizing such action, we may proceed to transfer your personal data to our partners.
In accordance with the French data protection act of 6 January 1978, modified in 2004, you have the right to access, oppose, rectify and delete all data concerning you. You can exercise this right at any time by sending us an email using the Contact section of our Site.
6. Modification of the site and terms and terms and conditions
We may be obliged to modify the content and information included on this Site as well as these Terms and Conditions, in particular in order to conform to changes in applicable legislation and/or regulations and/or to improve the Site. Any modifications will be incorporated into these Terms and Conditions.
7. Site hosting
This Site is hosted by HEROKU INC, with registered offices at sis 321 11th street, San Francisco, CA, 94103, United States of America.
This page is open to everyone, and everybody is encouraged to participate by recounting their experiences or by contributing comments on the Cacharel brand. All contributions must respect the terms of this Moderation Charter and the Website Terms and Conditions.
This page is post-moderated, meaning that all comments are read after they are published. The moderator checks to make sure that comments are relevant to the theme of the debate and the topic, that they do not break any laws or regulations and that they encourage constructive debate.
The moderator reserves the right to delete comments that breach this Moderation Charter and/or the website Terms and Conditions, particularly those comments:
(i) that are redundant, offensive, insulting, cause outrage, are defamatory, violent, racist, purely gratuitous or impersonate another person, and, more generally, that harm the integrity of another human being;
(ii) that constitute advertising or promotional material, incite unrest or vice or are revisionist;
(iii) that are made for personal gain of any type, that infringe copyright and intellectual property laws, database laws, brand property, image rights, the right to personal privacy, or that infringe any applicable law or regulation;
(iv) that include private telephone numbers and/or email addresses without the prior permission of those concerned.
Comments posted on this Page in the discussion areas or locations provided for this purpose must concern only events relating to the Cacharel brand, primarily the following topics: beauty in general, fashion and culture.
Negative comments by users, or comments that do not respect the product or the Cacharel brand will not appear on the site. We would also like to stress to contributors that their comments must not cause shock or upset to anybody who might read them.
You are asked to report any comments that you feel breach the principles set out in this Charter and/or that shock you, by sending us an email via the Contact section of our site.
CONTRIBUTORS’ RIGHTS AND OBLIGATIONS
Any contributor who posts a comment remains the owner of the intellectual property rights therein. Responsibility for the comments posted on this Page rests entirely with the contributor. You are reminded that contributors must have the appropriate rights and permissions for all content that they post.
In general terms, all contributors shall refrain from publishing a comment (i) that is injurious, threatening, illegal, defamatory, unauthorized, abusive, offensive, malicious, that incites violence, racial, religious or ethnic hatred, is vulgar or obscene, that infringes the right to privacy or image rights, (ii) that makes it possible to identify an individual, especially by revealing addresses or telephone numbers, (iii) that infringes the rights of owners of brands, texts, photographs, pictures, videos, etc.
Furthermore, contributors are required to refrain from using the Page (i) to intimidate or harass others (ii) to divert it from its purpose, especially by using it as a place to meet people or (iii) for the purpose of disseminating advertisements or promotional content.
All contributors are requested to stick to the rules of politeness that are necessary if debates within this space are to be conducted in a seemly manner.
Contributors are recommended not to include any personal details in their comments (telephone number, email address, etc.) in order to avoid malicious use of such information by third parties.
- Message indexing
Contributors are reminded that all comments published on the discussion forums is liable to be indexed by search engines and, therefore, to be viewed by users from outside this Page.
- Archiving and use of archived comments
This Page holds and retains all data required to identify the authors of comments and stores a private archive of the posted comments. This information will not be divulged except when requested by a judicial authority.
The contents of the comments may also be divulged, on an exceptional basis and after being rendered anonymous, to scientific or academic research bodies.
READERS’ RIGHTS AND OBLIGATIONS
All readers who read a comment are required to respect the author’s intellectual property. In particular, they are required to ensure that they do not reproduce and distribute the comments published to other comment-based spaces or media (especially forums and blogs), without the prior consent of the author(s).
Notwithstanding the above, all readers are permitted to reproduce the content of a comment for the purpose of private consultation, and to reproduce and distribute short extracts from a comment for information or research purposes, with the proviso that the Page name and the author (real name or pseudonym) are credited.