Terms of Service

Maybelline New York Canada, a division of L’Oréal Canada Inc. ("we", "us", "our") welcomes you to its web sites. You should carefully read the following terms of use ("Terms of Use") before using them. By accessing or using our web sites, you agree to be bound by these Terms of Use. While surfing on our web sites, you recognize, acknowledge and accept all the Terms of Use set forth herein.

Only we, at our sole discretion and without any notice, can modify these Terms of Use and you are responsible for regularly reviewing these Terms of Use.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE.

GENERAL REMARK

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.

Harassment in any manner or form on this web site or any of our web sites, including e-mail and chat rooms or the use of obscene or abusive language is strictly forbidden. Impersonation of others, including our employees, hosts, or representatives or other members or visitors of this web site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on our web sites or use our web sites to solicit others to join or become members of any other commercial online service or other organization. We reserve the right to prohibit the access to the website to you if you do not respect the terms of use and privacy policy.

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.

SUBMISSIONS

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.

LINKING

We want to provide increased value to you, our visitors. Therefore, we might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. As such, we have no control over these linked sites, all of which have separate terms of use, privacy and data collection practices independent of our own. Consequently, we cannot be held liable and we offer no guaranty whatsoever as to the accuracy, timeliness and completeness of the information contained on such web sites.

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.

PRIVACY

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 members communicate with each other through onsite mail. While we do not, as a rule, moderate or monitor members’ exchanges, we reserve the right to do so if we suspect users of using our service for the purpose of solicitation or any other violation of our terms of use or Privacy statement. If necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the site.

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.

APPLICABLE LAWS

This Terms of Use is governed in accordance with the laws in force in the province of Quebec and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montreal, Province of Quebec. Should any provision of the present Terms of Use be found invalid by a court of competent jurisdiction, the incompatible provision will simply be dissociated from the rest of this Terms of Use, and the remainder remains in force.

If you suffer any prejudice whatsoever or disagree in any way with the conditions of this Terms of Use, your only recourse is to leave our web sites.

These Terms of Use and any and all other legal notices posted on our web sites constitute the entire agreement between you and us with respect to the use of our web sites and its content.

Privacy Policy

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.

You may have heard of "cookies," which are small text files stored by your browser on your hard drive whose purpose is to enhance your browsing experience. We may use cookies to tailor our websites to match your interest and preferences, analyze trends, administer the site, and to facilitate the collection of personal and non-personal information, such as demographic information for aggregate use. You can configure your web browser to either refuse accepting any cookies, or to prompt you before a cookie is placed on your computer. Refusal of cookies may, in some cases, prevent you from visiting certain sections of the site or from receiving personalized information when visiting the site.

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.

You should refer to the Coremetrics privacy policy to learn how they collect and use information. You can find Coremetrics privacy policy here: www.coremetrics.com.

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

We use your personal information to open, maintain, administer and service your user’s account or your membership. The personal information you provide to one of our divisions or brands will be used only by authorized personnel of that division or brand for our record keeping in order to better know and understand you, respond to your needs and expectations and to contact you for various promotional purposes, such as sample offers, new product updates as well as sending you other promotional and product information with respect to that division or brand. We may also use your personal information for specific purposes, such as: product sample requests, returning a product, receiving newsletters or surveys, or notifying you that you have won a contest. If you provided us with your e-mail address, we may direct e-mail to you for specific purposes, such as receiving a welcoming e-mail to confirm registration or our e-mail newsletters. This information is also requested to verify your identity and maintain security. Furthermore, when you call our Customer Care Centre or contact our consultants with questions, inquiries or comments, your personal information is essential for us to respond to your comments or requests and make the appropriate follow-up. When you place an order with us, we collect your information to administer billing and accounting services and security measures in relation to your business with us. As well, when you inquire about a possible position and submit your resume, we collect your personal information for recruitment. Rest assured that we do not share, sell, rent, or otherwise give your personal information to any third party without your consent, unless expressly permitted by our Privacy Policy or by law.

DISCLOSURE OF PERSONAL INFORMATION

You agree that we may disclose your personal information with our contractors in connection with specific services to be carried out for us, such as the maintenance and operations of our websites and databases or other reasons related to operation of our business, like sending you information or products you sign up for. The contractors are required to keep your personal information secure and confidential and must respect our privacy policy. Their use of your personal information is always restricted to the services to be carried out for us and to no other purpose than what is necessary to fulfill their contract. Rest assured that they categorically cannot share, sell, rent, or otherwise give your personal information to anyone and must keep it confidential, unless required by law. We may also share your personal information with credit reporting agencies in order to collect any unpaid amounts you owe us. In addition, the personal information we collect during a promotion or contest can be shared with our sponsor(s) or co-sponsor(s). If you prefer not to share your personal information, you can choose not to participate in promotions and contests. Finally, you recognize that we may buy or sell corporate assets and that your personal information may be one of the transferred business assets in such transaction.

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.

SECURITY

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.

MAYBELLINE-BAZAAR VOICE

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Maybelline New York (the "CRR Service"). To the extent of any conflict between Maybelline's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

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;
  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

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.

All content that you submit may be used at Maybelline 's sole discretion. Maybelline reserves the right to change, condense or delete any content on Maybelline 's website that Maybelline deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Maybelline does not guarantee that you will have any recourse through Maybelline to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Maybelline reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Maybelline, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Maybelline, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

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.