PRIVACY AND COOKIE NOTICE (UNITED STATES)
Thank you for visiting our site which is part of the L’Oréal USA family of brand sites. We created this policy to provide you with information about how we collect, use, share and protect information from our sites, mobile, purchases, social media pages (collectively called the “Sites”). This notice applies to consumers and visitors of our Sites in the United States only. Visitors from other countries should visit the L’Oréal/brand site for your part of the world.
Your use of the Site constitutes your acceptance of this Privacy and Cookie Notice and consent to the practices described.
SUMMARY OF PRIVACY AND COOKIE NOTICE
WHAT INFORMATION DO WE COLLECT AND USE?
L’Oréal USA collects information that you provide when you make a purchase, create an account, enter a contest, join a loyalty program, sign up for emails or offers from us. L’Oréal also receives information from third party data providers. L’Oréal automatically collects device information from your computer, tablet or device used to browse on the Sites; information from cookies or similar tracking tools about browsing time, page views, opening of emails from us. L’Oréal uses the information collected to provide you with services, fulfill your purchase orders, tailor advertising, content, improve our Sites and products.
HOW DOES L’OREAL SHARE INFORMATION?
L’Oréal shares information:
- with service providers (e.g. our vendors and agencies) to run the Sites, provide products, services and fulfilling purchases) (we do not sell or share Personal Information for use outside of L’Oréal and its brands);
- within the L’Oréal family of brands to provide you with tailored advertising, content, loyalty rewards, product offers;
- with third parties, like Facebook, that you use to log in to a Site account or that you use to place orders or earn third party rewards (e.g. Shoprunner); and
- as required by law or if a brand or company is sold.
YOUR CHOICES, ADVERTISING OPT-OUT, TEXT MESSAGE OPT-OUT
You may change your preferences and unsubscribe from email services by: (i) modifying your account information; (ii) sending us an e–mail by clicking here; (iii) following the unsubscribe instructions in the communication that you receive (such as an email or SMS message).
If you prefer to not receive targeted advertising, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt–Out Page. Please note that even if you choose to remove your information (opt out) you will still see advertisements while you're browsing online.
L’Oréal does not knowingly collect or store information from children under 13, nor are the Sites directed to children.
HOW DOES L’OREAL PROTECT INFORMATION?
While no electronic data transmission or storage of information can be guaranteed to be 100% secure, L’Oréal USA maintains reasonable safeguards, including physical, contractual, administrative and technical safeguards to protect against loss, unauthorized use, disclosure or destruction and when transferring information for processing.
If you have any questions or concerns regarding this Privacy and Cookie Notice, please contact us here.
PRIVACY AND COOKIE NOTICE (United States)
Thank you for visiting our site, which is part of the L’Oréal USA family of brand sites. We have created this policy to provide you with information about how we collect, use, share and protect information from our sites, mobile, purchases, social media pages (collectively called the “Sites”). This notice applies to consumers and visitors of our Sites in the United States only. Visitors from other countries should visit the L’Oréal/brand site for your part of the world.
Your use of the Sites constitutes your acceptance of this Privacy and Cookie Notice and consent to the practices described.
- INFORMATION COLLECTED
- USE AND SHARING OF INFORMATION
- YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
- ADVERTISING/TARGETED ADVERTISING: HOW TO OPT–OUT
- TEXT/SMS MESSAGE OPT-OUT
- YOUR CALIFORNIA RIGHTS
- SECURITY OF YOUR INFORMATION
- OTHER SITES
- CONSENT TO PROCESSING OF INFORMATION
- CHANGES AND POLICY UPDATES
- CONTACT US
1. INFORMATION COLLECTED
This section describes the information we collect, including information that you provide to us, information automatically collected and information from third parties. We may combine information that we collect via one method (e.g., a website) with information that we collect via another method (e.g., an offline event). We do this to get a more complete view of our consumers, which, in turn, allows us to serve you better and with more customization.
Information You Provide
If you register at a Site, make purchases, join a loyalty program, enter a contest or promotion, submit a consumer survey, photo, video or product review, sign up to receive emails or other offers or communications, we collect and store the information provided. This information includes Personal Information (information that can be used to identify you as an individual) such as your name, social media handle, email, telephone number, home address, and payment information (such as account or credit card number). You may also be asked for demographic information (such as age, product preferences, beauty needs, age, zip code).
Automatically Collected Information
Mobile Apps: Certain of our mobile apps offer opt–in, geo–location services and “push notifications. Geo-location services provide location–based services, such as store locators, local weather, promotional offers and other personalized content. Push Notifications can include discounts, reminders or details about local events or promotions. Most mobile devices allow you to turn off location services or push notifications. If you consent to location services, we will collect information about the Wi–fi routers closest to you and the cell IDs of the towers closest to you to provide location–based service.
Site Usage Information: L’Oreal USA and its third–party service providers may also use a variety of technologies that passively or automatically collect information about how the Sites are accessed and used ("Usage Information"), including but not limited to your browser type, device type, operating system, application version, the pages served to you, the time you browse, preceding page views, and your use of features or applications on the Sites.
Device Identifiers: L’Oreal USA also automatically collects an IP address or other unique identifier information ("Device Identifier") for the computer, mobile device, technology or other device (collectively, "Device") you use to access the Sites. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Sites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, and gather broad demographic information.
Cookies: Like many web sites, we use "Cookies," which are data files placed on a Device when it is used to visit the Sites to facilitate site navigation and to personalize your experience, including tailoring advertisements. Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Sites and your activities on such social networking sites.
If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. To learn more about cookies, please visit http://www.allaboutcookies.org
Pixels or Web Beacons,: We use pixel tags or web beacons, which are transparent graphic images placed on a web page or in an email and indicate that a page or email has been viewed or tell your browser to get content from another server.
Information From Third Parties
We may receive information from third party data providers, such as marketing, demographic data, offline records. If we combine such third party data with information we collect through the Sites, such information is subject to this Privacy and Cookie Notice.
2. USE AND SHARING OF INFORMATION BY L’ORÉAL USA
L’Oréal USA and its brands use information collected for a variety of business purposes such as:
- Providing you with tailored content, services, advertisements and offers from our brands;
- Responding to your questions and providing news and updates from our brands, about our products, services, loyalty programs and stores;
- Providing you with access to features of the L’Oréal USA’s sites;
- Verifying your identity;
- Fulfilling product purchases;
- Communicating about your account(s) and activities on the Sites;
- Sending notice of changes to a L’Oréal USA policy;
- Improving the Sites and product offerings;
- Allowing you to log in with a social media account and share activities on your social media pages, such as Facebook;
- Processing applications and transactions;
- Providing shipping and other rewards from your selected third party providers (such as ShopRunner);
- Posting your content and consumer reviews on the Sites, our social pages and related third Party sites that retail or feature our brands and products;
- Contacting you about content shared by you about our brands and products.
We may share non-personal information, such as aggregated statistics, Usage Information and demographic data with third parties. However, we will not provide your Personal information to any third parties outside of the L’Oréal family of brands without your consent unless for the following limited purposes:
Third Parties Providing Services On Our Behalf: We share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Sites, provide analytics and site usage information, process transactions and payments, fulfill orders or provide customer service, loyalty program administration, redemption; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers to help maintain and operate the Sites or for other reasons related to the operation of our business, including but not limited to the fulfillment of purchases, promotional offers, and administering contests.
Business Transfers: We may share information with other entities and affiliates of the L’Oréal Group, our parent company. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the Sites, Personal Information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
3. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.
You may change your preferences and unsubscribe from email services from our Brands by: (i) modifying your registered user information on the Sites; (ii) sending us an e–mail by clicking here; or (iii) following the unsubscribe instructions in the communication that you receive.
If you wish to modify, verify, correct, delete, or update any of your Personal Information collected through the Sites, you may edit your profile preferences or contact us at the above address or e–mail. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us here. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
4. ADVERTISING/TARGETED ADVERTISING; HOW TO OPT–OUT
L’Oreal USA licenses technology to serve advertisements on its own Sites and within its content as that content is served across the Internet. In addition, L’Oreal USA may use third party network advertisers to serve advertisements and third party analytics vendors to evaluate and provide us with information about the use of the Sites and viewing of our content. We do not share Personal Information with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information. We and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the Sites and other web sites. We may use a variety of companies to serve advertisements.
If you prefer to not receive targeted advertising, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt–Out Page. Please note that even if you choose to remove your information (opt out) you will still see advertisements while you're browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt–Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
5. TEXT/SMS MESSAGE OPT-OUT
If you choose, you can provide your mobile phone number to receive text message alerts containing product and/or event information, products tips or promotions that may be sent using automated dialing systems (“Text Messages”), and your election to receive Text Messages is not otherwise required to purchase any goods or services from us. There is no fee to receive Text Messages, however, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. You can opt-out from further text marketing communications by texting STOP to the SMS number used by L’Oréal to contact you.
You agree that by providing your wireless telephone number you expressly consent to receive automated marketing text messages from us to the mobile number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your telephone carrier.
You acknowledge that Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the Text Message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
6. CALIFORNIA DO NOT TRACK NOTICE
Under California law, website and online service operators are required to disclose how they respond to web browser “do not track” signals. L’Oreal USA does not currently take actions to respond to Do Not Track signals as a uniform standard for such response has not yet been established.
7. YOUR CALIFORNIA RIGHT TO PRIVACY
California law requires website and online service operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our site unless you directly provide it to us and we provide it to them with your consent.
If you are a minor under 18 and have a profile on a L’Oréal USA Site, you may ask us to remove reviews or other content that you posted on the site by writing to us and providing as much detail as possible (i.e. date and caption) as to the post(s) you want removed. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.
The Sites are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
No information from children under age 13. If you are under age 13, please do not attempt to register or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 13, please contact us through this help page.
Parental participation. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
9. SECURITY OF YOUR INFORMATION
L’Oréal USA maintains reasonable safeguards to protect Personal Information against loss, unauthorized use, disclosure or destruction and when transferring information for processing. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. L’Oréal USA restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. We also require that third parties providing services on our behalf protect Personal Information and not use it for purposes other than providing assistance to L’Oreal USA.
10. OTHER SITES
The Sites may contain links to third party sites that are not owned or operated by L’Oreal USA. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co–branding or co–marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies or other tracking devices to your Device they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Sites (including those linked to through an email or social networking page). The Sites may make available chat rooms, forums, message boards, and news groups. Remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy and Cookie Notice.
11. CONSENT TO PROCESSING OF INFORMATION
The Sites are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. Country or region specific web sites are available for L’Oréal brands and products around the world. L’Oreal makes no representation that the Sites are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Sites, or providing us with any information, you (a) acknowledge that the Sites are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
12. CHANGES AND POLICY UPDATES
Please note, we may change information on the Sites and/or this Privacy and Cookie Notice, at any time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy and Cookie Notice on the Sites. L’Oreal will use your Personal Information in a manner consistent with the Privacy and Cookie Notice in effect at the time you submitted the information, unless you consent to the new or revised policy. We encourage you to periodically review this page for the latest information on our privacy practices.
13. CONTACT US
If you have any questions or concerns regarding this Privacy and Cookie Notice, please contact us at:
essie Customer Care
P.O. Box 2007, Westfield, NJ 07091-2007
Clark, NJ 07066
Re: essie.com Privacy and Cookie Notice
Or send us an e–mail with your request here.
UPDATED: November 2016
These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.
General Terms and Conditions
Unless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
Review of Submissions
We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public.
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Site.
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
Our Right to Use User Content
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
ORDERS, PROHIBITION ON RESELLING
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
You may not purchase any item from this site for resale by you or any other person. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
This Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by L’Oréal or by other parties that have provided rights thereto to L’Oréal.
Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
Notice. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information in writing to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the Copyright Agent’s receipt of the counter-notice, at our sole discretion.
We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer
Third Party Websites and Links
You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Third Party Merchants
The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk.
Use of Software
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions.
Governing Law; General Information
We control and operate the Site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are the entire agreement between you and us with respect to the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be illegal or unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
By using this Site, you agree that L’Oréal USA at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.
Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Customer Care, P.O. Box 2007, Westfield, NJ 07091-2007. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
These Terms and Conditions were last updated November 2016.