Terms of Service
Unless otherwise specified, our web site is for your personal and non-commercial use and for purely informational and entertainment purposes.
We offer no guaranty to the longevity of our web sites and reserve the right to terminate them at any moment, at our sole discretion and that without notice. We assume no responsibility for any prejudice or drawback resulting from the termination of a web site.
ELIGIBILITY AND AGE RESTRICTIONS
If you are an adult, in order to become eligible to use our services you must:
- subscribe to our services, and
- accept this User's Agreement by clicking on the "I Accept" button or by giving similar consent.
If you are between the ages of 13 and 17, to become eligible to use our services you must:
- subscribe to our services, and
- have your parent or guardian accept this User's Agreement on your behalf by clicking on the "I Accept" button or checking the appropriate section together with an e-mail address where such parent or guardian may be reached or by giving similar consent.
If you are under age 13, you are not eligible to use our services.
USE OF SITE
You may display a web site and, subject to any expressly stated restriction or limitation relating to specific content, electronically copy, download and print hard copy portions of the content from the different areas of a web site exclusively for your personal and non-commercial use. Our Website has been designed for your personal, non-commercial use. You agree to use our services only for lawful purposes.
You agree that you will not upload or transmit any viruses, worms, Trojan horses or other similar materials onto our Web site. You also agree that you will not upload, post, reproduce or distribute to or through our Web site any material protected by copyright, patent, trademark, trade secret, right of publicity, right or privacy or any other proprietary or intellectual property rights of any third party without first obtaining the written permission of its owner. Moreover, you agree not to attempt to damage, alter or modify our Web site. You additionally agree not to browse any content of other authorized users in our Web site. You acknowledge that our Web site, and systems accessible through our Web site contain copyrighted and other proprietary and confidential information and material. You agree to respect all such proprietary rights and take all reasonably necessary precautions to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.
SUBMITTING A PHOTOGRAPH TO US
From time to time, you might be asked to send us a photograph suitable for digitizing and use with our Website to fully use some services.
You may not post or submit for posting on our Web site any material or photo that:
- is obscene, offensive, defamatory, libelous, false or misleading, threatening, harassing, abusive or hateful;
- is of someone who did not authorize such submission;
- violates the privacy or publicity rights of others; or
- violates the property, proprietary or intellectual property rights (including copyright and trademark rights) of others.
You are responsible for ensuring that any material or photo you post or submit for posting on our website does not infringe on the privacy or property rights (such as copyright, trademark, or patent rights) of any other person or entity.
You hereby represent and warrant to us that:
- You own or have the rights to use any material or photo that you post or submit for posting on our Web site;
- any such photo is only of yourself, of a minor for whom you are the parent, legal guardian or otherwise legally responsible, or of a person who has authorized you to submit such photo;
- all information and materials you post or submit for posting are accurate and not misleading;
- you accept responsibility for protecting your password and will share it only with those you want to give access to the digitized picture; and
- you grant (or the owner of such material or photo has expressly granted) to us a royalty-free, worldwide, perpetual, irrevocable, nonexclusive and sublicensable right and license to use, copy, download, modify and make derivative works from the material or photo and to display the material or photo and any modification or derivative work thereof only for purposes of digitizing the photo, displaying it on our password-protected page and for use with our website.
We may, in our sole discretion, edit, delete or refuse to post any material or photo that you submit to us for posting on our Web site and/or for use with on our website.
TRADE-MARKS AND COPYRIGHTS
The entire content of our web sites, including but not limited to texts, designs, graphics, interfaces, or code and the selection and arrangement thereof (the “Content”), is our property and is protected by copyright and the reproduction, copying, publication, retransmission, communication or use in anyway of the Content is strictly forbidden without our prior written consent. The Content includes content both owned or controlled us or our affiliated companies or other third parties and used by us with their permission.
All trade-marks, registered or not, service marks and trade names (collectively the “Marks”) are our property, or the property of other owners who have granted us the right and license to use such Marks. Information and software available on our services is either Copyright (c) Maybelline New York Canada or one of its affiliates, or copyrighted by third parties and used by us with their permission. All rights reserved.
YOUR RESPONSIBILITIES AS A USER OF OUR SERVICES
The information on our Web site may include material that is inappropriate for you.
You expressly agree that the use of our services is at your own risk. You are solely responsible for the contents of your messages and may be held legally liable or accountable for the contents of your messages.
By entering our Web site you undertake full responsibility to or for:
- determining whether the information complies with your needs;
- any problems you may experience in connection with the use of any of our current or future technology;
- isolating information, executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage your information or system;
- determining whether you have adequate legal rights to submit to us, store, reproduce or otherwise use any photographs or information in any manner contemplated by you; and
- compliance with any legal obligations (such as are imposed on you by copyright, secrecy, defamation, decency, privacy and export laws).
If you do not agree to these terms, you should exit our Web site immediately and not re-enter.
Should you submit any notes, messages / billboard postings, ideas, suggestions, concepts or any other material, such as your pictures, you are thereby assigning all your rights in it to us, and waive all moral rights therein for the term of the right, and that on a perpetual, irrevocable and world-wide basis. Consequently, you give us the right to publish, in any form, and agree that we have the right to publish the material for any type of use including, without limitation, promotional and advertising purposes.
The links which we might place on our web sites do not imply that we sponsor, endorse or are affiliated or associated with, or had been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
However, we request any feedback that you may have concerning the external links that we have placed on our web site.
Any information that we collect concerning you is done according to our Privacy Statement. Please refer to our Privacy Statement below.
DISCLAIMER / LIMITATION OF LIABILITY
Although we strive to update and keep accurate as much as possible the information contained in our web sites, errors or omissions can occur. We make no warranty or representation, therefore, about the accuracy or completeness of the Content of this web site, or the content of any web site or external site.
Although we make use of up to date technology in order to protect your pictures from being copied and captured by unauthorized third parties, please keep in mind that we cannot ensure complete protection. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Our web sites, the Content, information, services and products listed in our web sites, including without limitation, text, graphics, and links, are provided “as is” and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. We do not represent or warrant that the functions contained in our web sites will be uninterrupted or error free, that defects will be corrected or that our web sites or that the server(s) which makes our web sites available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in our web sites in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. You should not act or rely up on any of the Content without seeking the advice of a qualified professional.
In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, civil liability, or any other theory arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site.
You use our web sites at your own risk and consent not to pretend otherwise.
Maybelline New York Canada, a division of L’Oréal Canada Inc. ("we", "us", "our") is committed to protecting the privacy of the personal information you provide to us. Please take a moment to read the details of our privacy statement which outlines the type of information collected on our websites, or when you submit it to us and how we use and protect it.
NON-PERSONAL IDENTIFICATION INFORMATION
Non-personal information is information concerning the manner in which you access our websites. This information includes the type of browser you use, your computer’s operating system, the name of your Internet Service Provider as well as the pages you visit and links you click. Non-personal information is automatically collected when you access our websites.
Non-personal information is also used to diagnose problems with our servers, gather broad demographic information and to administer our website. Such information does not allow us to personally identify you.
We also collect site measurement statistics through the use of Coremetrics for our sites in an effort to continuously enhance your browsing experience. We may use Internet tags, navigational data, log file data, redirect tags and/or web beacons to enhance your Internet experience. This information is collected anonymously and used in the aggregate to help us provide you with the best browsing experience possible. In addition, we continuously strive to improve the way in which we promote our sites, and as such may measure the effectiveness of our promotional efforts by tracking what you clicked on to arrive at our sites.
COLLECTION OF PERSONAL INFORMATION
Your personal information is unknown to us unless you voluntarily submit it. When you register with one of our divisions or brands, for example to enter our contests, join our mailing lists or become our privileged customer, you may be asked for personal information such as, but not restricted to, your contact information (name, telephone numbers, e-mail address, mailing address), date of birth, product and/or cosmetic concerns, which brands and products you use, security information (user name and password). You may also be asked additional marketing-related questions by completing questionnaires, surveys and profile data to help us better understand your needs and those of potential customers. You may also be requested to give your delivery and billing address, credit card number and expiration date when you place an order.
Furthermore, if you choose to submit us your picture in order to try our products online, we reserve the right to send you an e-mail to notify you when your picture is finally ready for viewing on our website. To be approved, your picture must be consistent with our corporate policy and image. Any picture that is found to be indecent, obscene, close to pornography or not in conformity with our corporate policy or image, will not be published on our website, at our entire discretion. Your photography will not be returned.
COLLECTION OF INFORMATION FROM CHILDREN
You must be thirteen (13) years of age or older to register with us. We do not knowingly collect any personal information from children under the age of thirteen. However, if children under the age of thirteen provide us with personal information, upon written request by a parent or legal guardian, we will delete this information from our files.
USE OF PERSONAL INFORMATION
DISCLOSURE OF PERSONAL INFORMATION
LIMITING COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION
We limit our collection of personal information to what is reasonable under the circumstances. Your data will only be used and disclosed for the purposes identified to you.
RETENTION OF PERSONAL INFORMATION
We keep your personal information as long as it is needed in order to fulfill the purposes to which you consented to and always for a reasonable period of time. We will make sure that your information is updated regularly, in order to maintain its accuracy and completeness.
Should we keep a file concerning you, we take all security and safety measures and reasonable precautions as are appropriate to ensure the confidentiality of your file and protect your personal information both online and offline. However, please keep in mind that although we use up to date technology in order to protect your information, including your picture when submitted, we cannot ensure complete protection from third parties’ unauthorized access.
By submitting any content to Maybelline, you represent and warrant that.
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Maybelline (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Maybelline a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that Maybelline and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
OPENNESS AND ACCESS
If you have already submitted personal information and would like us to remove it from our records, or if you no longer wish to receive communication from us and would like to unsubscribe, or if you have registered to one of our online privileged member websites and would like to deactivate your accounts you, may do so from the main menu on the site or you can forward such requests and all other comments or enquiries to us at any point by writing to Emilie Whiteside, Privacy Officer, Legal Affairs, L’Oréal Canada Inc., 1500 University Street, Suite 600, Montreal, Quebec, H3A 3S7. In order to answer your request, you will need to indicate the name of the division (Maybelline New York Canada) as well as your full personal information. We will answer your request within a reasonable time.