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Terms of use for the site

Terms of use for the site

Welcome to this site dedicated to the VICHY brand and accessible at the following URL www.vichy.co.uk (the "Site"). The following terms and conditions apply to the use of this Site (hereinafter referred to as the "Terms of Use"). By accessing and/or using the Site, internet users using the Site (hereinafter referred to as the "Users") hereby indicate acceptance to be bound by these Terms of Use.

Please carefully read the following Terms of Use, prior to using the Site. By using this Site you are deemed to have accepted these Terms of Use without reserve. If Users do not agree to these Terms of Use, please refrain from using the Site.

The Site is operated by VICHY, part of the Active Cosmetics Division of L'Oréal (U.K.) Limited (a company with registered number 00271555) whose registered office is at 255 Hammersmith Road, London W6 8AZ (hereinafter the "Company", "us" or "we").

The Site is hosted by the VERIZON corporation, the contact details of which are set forth at the end of this document.

1. Access to the site

To access and use this Site you must be an adult (over 18) and have a valid e-mail address. If you are under 18, the prior authorization from your parents is required.

Prior to entering the Site you may be required to complete certain fields in a form, indicated by an asterisk. Any inaccurate or incomplete registration will not be accepted.

You accept that the data you submit to us and that is stored in our information systems is accurate and may act as proof of your identity. Please inform us as to any applicable change in such data.

Access to the Site and/or certain of its sections may require the use of a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party. You can of course change your identification code or password at any time. However, the number of attempts to access the Site and/or certain of its sections may be limited in order to prevent fraudulent use of such identification code or password. Please inform us of any fraudulent use that you may become aware of.

In the event of non-compliance with any of the provisions of these Terms of Use, we reserve the right to suspend your access to the Site and disable any identification code or password, whether chosen by you or allocated by us, at any time. In such event we will inform you as soon as possible.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and that they comply with them.

Even though we try to keep the Site accessible at all times, we cannot guaranty you access in all circumstances. Access to the entire Site, or some parts of the Site, may be interrupted, in particular for reasons of maintenance, updating, or other reasons which are beyond our control. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

2. Intellectual property

VICHY is a registered trade mark of L'Oréal S.A., whose registered office is at 14 rue Royale, 75008 Paris, France.

We are either the owner or the licensee of all intellectual property rights in our Site, and in the material published on it (such as marks, images, text, videos, etc.). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The development of this Site represents a significant investment and work by our teams. For this reason, except as expressly stipulated herein, we have not granted you any right other than that of consulting the Site for your strictly personal and private use.

All use, reproduction or representation of the Site (in whole or in part) or of the elements which comprise it or materials published on it, on any media whatsoever, for other purposes, including, but not limited to, commercial purposes, is not authorized.

Users must not modify paper or digital copies of any materials copied, printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

Any other use, including establishing a link to the Site from a third party website owned by you, shall only be authorized with express prior written consent from the Company and/or its licensors. Such consent may be requested at: contact@vichy.co.uk

If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made,

3. Use of the site

We would like to remind you that use of the Site implies that you have access to the necessary hardware and software resources for use of the internet, which is not under our control and for which we cannot be held liable. Furthermore, we would like to remind you that this Site is provided without any guarantees, conditions, representations or warranties as to its accuracy, security, availability and integrity of data transmissions.

a) Exclusion of liability

To the extent permitted by law we, other members of our group of companies and third parties connected to us hereby exclude any liability for any direct, indirect or consequential loss of damage incurred by any User in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, (including, but not limited to, by the actions of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material) including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data, loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

b) General obligations of the User

We defend the values of tolerance and respect the rights of others. As such this Site may not be used as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit statements.

In using this Site, you agree not to:

  • Distribute or otherwise make available any content that the Company may deem to be harmful, threatening, unlawful, deceptive or misrepresentative of identity or affiliation, injurious, defamatory, non-authorized, malicious, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or image rights, hateful, inciting violence, racial or ethnic hatred or otherwise discriminatory or objectionable;
  • use the Site for political, promotional or proselytizing purposes;
  • transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • knowingly transmit any data, send, upload or otherwise make available any material that contains viruses, trojans, worms, logic bombs or any other harmful material, programs or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware;
  • attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
  • attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
  • divert any chat forum from its intended purposes, including, but not limited to, using it as a dating service;
  • distribute information or content capable of being offensive or inappropriate for children;
  • conduct illegal activities, including, but not limited to, infringing intellectual property the rights in software, marks, photographs, images, text, video etc.

Failure to comply with these provisions constitutes a material breach of these Terms of Use and Users may:

  • be liable to the Company and its licensors for damages and legal proceedings may be commenced against Users for all costs on an indemnity basis resulting from the breach (including reasonable legal costs);
  • be subject to criminal penalties;
  • result in disclosure of such infringement to the relevant enforcement authorities and the Company's co-operation with them by disclosing the relevant user identity to them. In the event of such infringement the User's right to use the Site will cease immediately. Upon termination of use of the Site, Users must promptly destroy all materials downloaded from this Site, as well as copies of such materials, whether made in accordance with the Terms of Use or otherwise.

We would like to stress that you must hold all rights and/or authorizations with respect to any applicable content that you wish to publish on this Site. In this regard, we recommend not publishing content (in particular photographs) showing recent architectural items, advertising creations, images of clothing designs in which a third party mark may appear (initials, logos, color code of the brand, etc.). Content (including, but not limited to, photographs and videos) showing children will not be permitted on this Site.

c) Specific stipulations for certain Sections

Various sections may be made available to you on this Site: Downloadable Content, On-Line Applications, User Content, chat forums, etc. (the "Sections").

(i) Downloadable Content

We may make available on this Site content that you are authorized to download ("Downloadable Content"). In downloading or using such Downloadable Content, you are deemed to have agreed to use it in conformity with these Terms of Use.

We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be the subject to the prior express authorization from the Company. Any request for this type of authorization should be submitted to us in advance at the following address: contact@vichy.co.uk

(ii) On-Line Applications

We may make available on this Site software applications (the "On-line Applications"). We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the On-Line Applications. You agree not to modify, adapt, reproduce, correct or distribute the On-Line Applications nor any mark or inscription of title set forth on such On-Line Applications and/or any media related thereto.

Any Content that you may create or produce with the On-Line Application shall be considered as User Content (as described in section (iii) "User Content".

Please inform us of any problems encountered with the On-Line Applications at the following address: contact@vichy.co.uk. We will then do our best to correct such problem as soon as possible.

In the event that we provide you with a tool/application which enables images to be edited (and in particular, in order to virtually try a cosmetic product), you acknowledge and agree that such tool/application may solely be used for your own private purposes. You are not authorized to use this tool/application in such a way that may be a disrespectful, injurious and/or infringe the rights of third parties. Consequently, you are not authorized to modify and/or display a third party's image without such third party's prior express consent. Finally you are not authorized to modify and/or display, in whole or in part, material (whether modified via the tool/application or otherwise) provided with the tool/application (and in particular, material displaying models) without our prior express consent.

(iii) User Content and User Actions

User Content.

We may make available on this Site a space dedicated to user content, such as for example text, photos, videos, etc. ("User Content").

By submitting User Content to us, you automatically grant a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) on any and all medias (including without limitation this Site).

You expressly grant us the right to use the User Content on our own websites as well as third party websites, in particular on "social networking" sites (including without limitation, Facebook, Twitter, Youtube, Dailymotion) including plug-ins and applications on such third party websites, hereinafter referred to as "Third Party Websites". For the avoidance of doubt, the Site is not managed or sponsored in any manner whatsoever by such Third Party Websites.

You acknowledge and agree that the use of Third Party Websites is exclusively governed by the terms and conditions set up by the Third Party Websites and that such terms and conditions are binding on us in our use of the User Content on the Third Party Websites. We may not be held responsible for any use by us or by a third party of the User Content in accordance with the terms and conditions of the Third Party Websites including without limitation, the scope or duration of any rights and the deletion of the User Content.

You shall be solely responsible for any third party claims relating to the use of the User Content in accordance with the terms and conditions of the Third Party Websites.

Without prejudice to the above, you represent and warrant that you have obtained any necessary consents and have the right to use, copy, distribute and disclose to third parties the User Content.

You acknowledge and agree that the User Content could be subject to "viral" communication (word-of-mouth communication) on Third Party Websites and that we will not be liable for any claim or action in this regard.

You are entirely liable for any User Content that you publish on this Site including but not limited to for any third party claims that the User Content constitutes a violation of their intellectual property rights, or of their right to privacy.

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that the User Content infringes their rights.

We will not be responsible for, or liable to any third party, for the content or accuracy of any material posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with these Terms of Use including if the content is illegal and/or contrary to the accepted standards of morality and/or infringes the rights of third parties.

User Actions.

Through Third Party Websites, some actions are made available to you on the Site such as sharing, commenting, and/or appreciating content, hereinafter referred to as "User Actions".

When you proceed with a User Action on or through a Third Party Website, you allow us to have access to certain information from your Third Party Website's account (including your name, profile picture, gender, birthday, networks, user IDs, list of friends and any other information that is communicated to other users of the Third Party Website, people you follow and/or who follow you and the comments and/or the appreciations you make, hereinafter "Public Information") in order to enable these User Actions.

We remind you that some Public Information you provide to us on or through a Third Party Website, is publicly published and can be viewed by anyone who is visiting the Site or a member of a Third Party Website. We are not responsible for the publication of your Public Information and the use that may be made by other users.

If you no longer wish to have your Public Information published on our Site, you are solely responsible for managing your privacy setting on your Third Party Website's account. We will not be responsible for the delay between your modification of your privacy setting and deletion of any activity on our Site or on the internet.

Please inform us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes the rights of others, at the following address contact@vichy.co.uk

(iv) Blog

We may make available on this Site a space permitting you to express yourself (the "Blog").

By using the Blog you agree to comply with the applicable legislation in force, accepted standards of morality, the Terms of Use set forth herein, any third party rights and the terms of the Blog Charter.

Please inform us of any communication which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the principles set forth herein and in the Blog Charter and/or which infringes the rights of others, at the following address contact@vichy.co.uk

4. Information contained on the site

a) General provisions

We shall use reasonable endeavours to provide you with accurate and up to date information. User acknowledges and agrees that the information, materials and graphics available on this Site may be incomplete, out of date or incorrect.

Inaccuracies and omissions may appear in the information available on this Site in particular through intrusion by third parties. Please inform us about any error or omission at the following e-mail address contact@vichy.co.uk

b) Information on the products and services

Unless provided otherwise, the products and services which are presented to you do not constitute an offer of sale but a general presentation of the range of the products and services that we distribute in the country in which this Site is published.

c) Advice and diagnostic tools

Information, commentary or other materials on the Site are not intended to amount to advice on which reliance should be placed. The Company disclaims all liability and responsibility arising from any reliance placed on the Site. The Company makes no representations or warranties with respect to any information, materials or graphics on this Site.

For any additional information or in case of any doubt, we recommend you consult your doctor and/or write to us at the following address: contact@vichy.co.uk

d) Hypertext links

The hypertext links on the Site may take you to Third Party Websites whose content we have no control over. We are in no way responsible for the content and/or behavior of these Third Party Websites and do not guarantee the reliability or the accuracy of the information and/or contents published on these Third Party Websites. Third Party Websites may have different practices for processing personal data than ours. We invite you to consult the privacy policy of the Third Party Websites as we have no control over their processing and collection of personal data. To the extent hypertext links have been included on this Site to facilitate your navigation of the internet, the consultation of such Third Party Websites is entirely your choice and we hereby exclude all liability in connection with such activity.

If you wish to create hypertext links to this Site, a prior request for authorization must be submitted to us at the following address: contact@vichy.co.uk

e) IP addresses and Cookies

Please refer to our Privacy Statement (at Privacy Policy) for information on the cookies used on this Site and how we may collect information on and use your IP address.

5. Privacy and personal data

Please refer to our Privacy Statement (at Privacy Policy) for information on the way we may collect and process your personal data.

6. Modification of the site and variation of the terms of use

We may come to modify the content and information included on this Site as well to revise these Terms of Use, including, but not limited to, in order to comply with applicable new legislation and/or regulations and/or to improve the Site. Any modification and/or amendment shall be integrated into these Terms of Use. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

7. Hosting

This Site is Hosted by the Verizon France corporation, a SAS company with a capital of 45.120.823,47 euros, with its registered office located at 100 Terrasse Boieldieu 92800 PUTEAUX, France, registered in the Commercial and Corporations Register of Nanterre under the number 39851716900023.

8. Governing law and jurisdiction

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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