Welcome to the Maybelline Virtual try on application dedicated to try on your make up with a virtual try-on (the "Application") developed by Maybelline, a trading division of L'Oréal (UK) Limited, a company registered in England and Wales with registered number 00271555 and registered office at 255 Hammersmith Road, London W6 8AZ ("We" or "Us").
Virtual Try Functionality Available within the Website
The Website allows you to use the Virtual Try On functionality. This is an online service capable of try-on simulations on live video and photos across selected Maybelline products. The Website provides an illustration of the effect of applying a particular product ( lipstick does not constitute a guarantee that the result will be tone, colour and/or result when you apply the product. We will not be held liable for any inaccuracies with the results of the Website. The information provided by the Website can in no event replace qualified professional clinical consultation, nor substitute for medical treatment or professional services.
You can choose to use the live service (using your device webcam) or to use an existing picture (which will be uploaded from your device) and then, based on the product you would like to try on, you will be provided with your image results. You have the possibility to share the image and the product recommendations via email and you will also subscribe to the newsletter.
You will have no obligation to purchase such products that are recommended or otherwise referenced through this feature and L'Oréal does not guarantee the availability of any such products.
L'Oréal does not guarantee that this feature will be available outside of the United Kingdom and the Republic of Ireland.
You are free not to use this service.
OTHER APPLICABLE TERMS
Our Cookie Settings section of Maybelline website which sets out information about the cookies on the Application.
If you purchase goods via our Application, the Terms and Conditions of Sale of the retailer you purchase from will apply to the sales.
From time to we may run competitions and promotions via the Application. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
The content on the Application is provided to allow you to explore the range of Maybelline is for general information only. It is not intended to amount to content on which you should rely.
Represented results are for illustrative purposes only. Individual results will vary.
The information that the Application delivers is strictly for illustrative purposes and shall in no event replace consultation, nor be substituted expert cosmetics advice. You must obtain professional or specialist advice before taking, or refraining from, any action the content on the Application.
We do not guarantee that the Application, or any Downloadable Content (as defined below) on it, will always be available or be uninterrupted.
We cannot guarantee your entire satisfaction with the images that result from the use of the Application. To the maximum extent permitted by law, we exclude all liability for any use you make of the Application.
For any request relating to your use of the Application, you may contact Us at the following address:
L'Oréal (UK) Limited
255 Hammersmith Road,
You can also contact Us via email at: [email protected]
ACCESS TO THE APPLICATION
(a) Who can use it?
To access and use this Application you need to be an adult of at least 16 years of age or older. If you are a minor, your parental or guardian prior authorisation shall be required.
As correct on 17/10/18 You may freely use the Application, without being required to sign in or create an account.
(b) How to download and access it?
The Application shall be delivered solely via electronic download from the Apple App Store (iOS) or GOOGLE PLAY (each a "Platform"). You may download from the Platform () a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform.
Access to the Application and/or certain sections of the Application may require the use of PIN codes.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you your user identification code or password, you must promptly notify us at [email protected].
(c) On what device?
The installation and use of the Application requires a compatible device with an Internet connection. The following operating systems are compatible: iOS and ANDROID.
You are responsible for the operation of the compatible device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the Application.
Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet.
You are responsible for any network or roaming costs in connection with the Application updates.
(d) At what price?
We hereby grant you, free of charge, the Licence to use the Application on the terms of set out in Section 2 (Licence and Use).
LICENCE AND USE
(a) Licence and Download Rights
In relation to the use of the Virtual Try On functionality available within the Website, you grant to L'Oréal a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable licence to use any image that you upload to the Website for the purpose of providing you with the Virtual Try On functionality.
L'Oréal grant you a limited non-exclusive, non-transferrable, revocable licence to use the Virtual Try On functionality available on the website in the United Kingdom and the Republic of Ireland, solely for the purposes anticipated in the following section (Virtual Try On functionality available within the website). This licence is granted to you free of charge.
By uploading an image to the Virtual Try On feature of the Website, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise L'Oréal to use such image as necessary to exercise the licence granted by you in these Terms.
In relation to the use of the Match Virtual Try It On functionality, you grant to L'Oréal a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable licence to use any image that you upload for the purpose of providing you with the Try It On functionality.
By uploading an image to the feature of the Application, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise L'Oréal to use such image as necessary to exercise the licence granted by you in these Terms.
(b) Applicable requirements
You recognise and accept that the Application, the Downloadable Content, and/or the Result are subject to intellectual property rights and/or image rights and/or other rights of ownership and are only made available within the framework of the Licence and for the Purpose.
The Downloadable Content includes both content owned or controlled by and content owned or controlled by third parties and licenced to Us. All such rights are reserved. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Application. You may not use any trademarks or trade names contained in the Application without prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
Any reproduction, in whole or in part, of the Application, the Downloadable Content, the Result, or any item included in any of the same, by any process and on any media whatsoever, for purposes other than the Purpose is expressly prohibited. must not use any part of the Application or the Downloadable Content for commercial purposes without obtaining a licence to do so from Us or from our licensors.
You agree not to:
attempt (or encourage or support others' attempts) to reverse engineer, disassemble or decompile the Application;
adapt, correct, update or alter the Application in any way;
create any derivative work based on all or any part of the Application;
disclose or publish the results of performance tests on the Application without our prior written consent;
lease or sub-licence the Application to any third party;
mask, remove or alter any notice or reference to our proprietary rights;
correct any error, anomaly, bug or other malfunction or failure affecting the Application;
scrape, data mine, use bots or use anything else to gather or extract data;
install the Application if you are in a country outside of United Kingdom and Republic of Ireland and/or
use the Application and/or publish any content via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s).
The Licence shall be effective upon your use of the Application (or, as applicable, when clicking on the "I Accept" (or equivalent) button located before your access to the Application) and shall continue in effect until termination of the Licence by Us in accordance with Section 9 (Term and Termination).
We may make a space available via the Application dedicated to user content such as text, photos, videos, opinions, etc. ("User Content").
You must secure all the necessary authorisations, consents, and rights from any relevant rights holders in connection with any User Content you may wish to post via the Application, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one's image), to allow your use of such content. For example, you must secure the rights in and to any content (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
The following content standards apply to User Content which you contribute to our and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
User Content must:
Be accurate (where it states facts);
Be genuinely held (where it states opinions)
Comply with applicable law in the UK and in any country from which it is posted.
User Content must not:
Contain any material which is malicious or defamatory of any person;
Contain any material which is rude, obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, intimidate, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from Us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Use any intellectual property without prior authorisation.
Use the Application for political, propaganda or proselytizing purposes.
Divert the Application from its intended purpose, including by using it as a dating service.
Disseminate any information or content that may be upsetting for minors.
Contain any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application.
Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without their prior and express consent, such as their last name, postal address, email address, telephone number.
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 above the standards and/or which infringes the rights of others, at the following address [email protected]
By posting User Content via the Application, you hereby grant Us a perpetual, sub-licensable, royalty-free, irrevocable, non-exclusive, worldwide licence to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, and/or distribute such User Content, in whole or in part.
You authorise Us to use the User Content for all in-house, external, corporate communication, financial communication, advertising, public relations, historical or archival purposes, of the L'Oréal group or its affiliates, products and/or brands, in any media formats and through any media and social media channels (now known or hereafter developed).
You authorise Us to adapt your User Content as initially provided and/or make any such clarification to the User Content as We may consider appropriate.
CODE OF CONDUCT
You shall be solely responsible for the content you create with the Application. You have exclusive liability for any claims relating to the use of the content using the Application. You shall not:
convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments.
disseminate any content that may be harmful, defamatory, unauthorised, malicious or in breach of privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences.
use the Application for political, propaganda or preaching purposes.
publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application.
disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number.
disseminate any information or content that may be upsetting for children.
intimidate or harass others.
conduct illegal activities.
breach any provision of Section 2 (Licence and Use).
post content which is inaccurate or misleading.
breach any provision of Section 3 (User Content);
disseminate content (including photographs and videos) portraying minors.
enforce immediate, temporary or permanent withdrawal of your right to use the Application;
enforce immediate, temporary or permanent removal of any posting or material uploaded by you to the Application;
issue a warning to you;
take further legal action against you; and/or
disclose such information to law enforcement authorities as We reasonably feel is necessary.
INFORMATION CONTAINED ON THE APPLICATION
We try to provide you with accurate and up to date information, however, inaccuracies and omissions may
appear in the information available on the Application. Please inform Us of any error or omissions at [email protected]
The hypertext links included on the Application may lead you to websites or resources published, monitored, or hosted by third parties and content which We do not control. Such hypertext links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
AMENDMENT TO THE APPLICATION AND THE TERMS OF US
LIMITATION OF LIABILITY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
You agree not to use the Application for any purpose other than the Purpose. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, will either repair the damage or pay you compensation. However, will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
TERM AND TERMINATION
We also reserve the right (acting reasonably) to modify, suspend or discontinue your access to the Application, at any time for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
WAIVER AND SEVERANCE
If We do waive a default by you, will only do so in writing, and that does not mean that We will automatically waive any subsequent default by you.
APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION