WEBSITE TERMS AND CONDITIONS

TERMS OF USE FOR THE SITE

Welcome to this Site dedicated to the NYX Professional Makeup brand and accessible at the following URL www.nyxcosmetics.com.sg (the "Site").

Please read carefully the following Terms of Use, which govern the use of this Site. By using this Site you are deemed to have accepted these Terms of Use without reserve.

The Site has been developed for and published by L’Oreal Singapore Pte Ltd , a company with a capital of 2,500,000 Singapore Dollars, with its registered office located at 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315 , registered in Singapore under the number 199001413D , e-mail address:[email protected] (hereinafter the "Company" or "we"). Publication Director:

The Site is hosted by the Shanghai Yungoal Info Tech Co., Limited, the contact details of which are set forth at the end of this document.

ACCESS TO THE SITE

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

You may be required to fill out required fields in a form, indicated as such by an asterisk. In such event, you will be required to fill out such fields prior to entering the Site. Any inaccurate or incomplete registration will not be accepted.

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

Access to the Site and/or certain of its Segments may require the use of personal access codes. In such event it is up to you to take your own steps to ensure the confidentiality of such codes. You can of course change them at any time. However, the number of attempts to access the Site and/or certain of its Segments may be limited in order to prevent fraudulent use of such codes. Please inform us of any fraudulent use that you may become aware of.

In the event of non-compliance with the rules described in these Terms of Use, we reserve the right to suspend your access to the Site. In such event we will inform you as soon as possible.

Even though we try to keep the Site accessible at all times, we cannot guarantee you access in all circumstances. In fact, and in particular for reasons of maintenance, updating, or other reasons which are beyond our control, access to the Site may be interrupted.

INTELLECTUAL PROPERTY

The Site and the elements that comprise it (such as marks, images, text, videos, etc.) are protected by intellectual property rights. The development of this Site represents a significant investment and work in common on the part of our teams. For this reason, except as expressly stipulated herein, we have not granted you any right other than that of consulting the Site for your strictly personal and private use. All use, reproduction or representation of the Site (in whole or in part) or of the elements which comprise it, on any media whatsoever, for other purposes, including, but not limited to, commercial purposes, is not authorised. On an exceptional basis, we may expressly authorise you to reproduce and/or represent all or part of the Site, on certain media. Any request for authorisation in this regard must be submitted in advance to the following e-mail address: [email protected]

USE OF THE SITE

In the first place, we would like to remind you that use of the Site implies that you have available the necessary hardware and software resources for use of the Internet.

Furthermore, we would like to remind you that the Internet does not allow the guarantee of the security, availability and integrity of data transmissions, accordingly we cannot be held liable in the event of errors, omissions, deletions, delays, faults (including, but not limited to, by the actions of viruses), of the lines of communication, the hardware and the software which is not under our control or in the event of non-authorised use or possible degradation of the content published on this Site.

a. General obligations of the User

We defend the values of toleration and of respect of the rights of others. This is the reason that this Site may not be used as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit proposals.

In using this Site, you agree not to:

-distribute-, injurious, defamatory, non-authorised, malicious content, infringing on privacy or image rights, inciting violence, racial or ethnic hatred;

- use the Site for political, promotional or proselytising purposes;

- publish promotional or advertising content;

- divert the Discussion Space from its intended purposes, including, but not limited to, using it as a dating service;

- distribute information or content capable of upsetting the sensibilities of the young;
- conduct illegal activities, including, but not limited to, infringing on the rights as to software, marks, photographs, images, text, video etc.

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

b. Specific stipulations for certain Segments

Various Segments may be made available to you on this Site: Downloadable Content, On-Line Applications, User Content, Discussion Space, etc.
(the "Segments ").

(i) Downloadable Content

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

We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be the subject of prior express authorisation on our part. Any request for this type of authorisation should be submitted to us in advance at the following address: [email protected]


(ii) On-Line Applications

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

Any Content that you may create or produce with the On-line Applications shall be considered as User Content (as described in section (iii) “User Content”.

Please inform us of any possible anomaly affecting the On-line Applications at the following address:

[email protected]

We will then do our best to correct as soon as possible any such possible anomalies.

In case we provide you with a tool/application which enables to edit images (especially in order to virtually test a cosmetic product), you acknowledge and agree that such tool/application may solely be used for your own private purposes and in compliance with its genuine destination. You are not authorised to use this tool/application in such a way that may be a disrespectful, injurious and/or infringing for third parties. Consequently, you are not authorised to modify and/or display a third party’s image without such third party’s prior express consent. Finally you are not authorised to modify and/or display, in whole or in parts, contents (modified or not via the tool/application) provided with the tool/application (especially contents displaying mannequins/models) without our express prior consent.


(iii) User Content

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

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

You expressly grant us the right to use the User Content on our own websites but also on third party websites in particular on so-called “social networks”.

You acknowledge and agree that the use of these social networks is exclusively governed by the terms and conditions set up by these social networks. Consequently you acknowledge and agree that said terms and conditions are binding for us in our use of the Content. Therefore we may not be held responsible of any use by us or by a third party of the content in accordance with the terms and conditions set out by the social networks and especially but without limitation, in terms of scope of rights, of duration of rights and of deletion of the User Content.

You shall be solely responsible for any third party claims relating to the use of the Content in accordance with the terms and conditions of the social networks.

Without prejudice to the above, you represent and warrant that you have obtained all the necessary authorisations from all beneficiaries on the User Content regarding such use on the social network.

Finally, you acknowledge and agree (and you confirm that you have informed and obtained all the beneficiaries agreements) that this Content could be subject to “viral” communication (word-of-mouth communication) on these third party websites and that we will not be liable for any action in this regard.

User Content that you publish on this Site is entirely your choice and your exclusive liability. However, we would like to remind you that User Content must not conflict with the legislation in force or accepted standards of morality, and must not infringe on the rights of others. In this regard, we reserve the right to remove at any time User Content that is manifestly illegal and/or contrary to accepted standards of morality and/or which infringes on the rights of others.

Please inform us of any User Content which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes on the rights of others, at the following address: [email protected]

(iv) Discussion Space

We may make available on this Site a space permitting you to communicate with other users (the "Discussion Space").

The Discussion Space must be used in conformity with the legislation in force, accepted standards of morality, the principles set forth herein and in compliance with the rights of others.

Please inform us of any communication which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes on the rights of others, at the following address: [email protected]



INFORMATION CONTAINED ON THE SITE

a. General provisions

We try to provide you with accurate and up to date information. Nevertheless, transmissions of data and information over the Internet not benefiting from absolute technical reliability, we cannot guarantee the accuracy of all of the data that is included on this Site.

Furthermore, we would like to stress that inaccuracies and omissions may appear in the information available on this Site in particular through intrusion by third parties. Please inform us about any error or omission at the following e-mail address: [email protected]

b. Information on the products and services

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

c. Advice and diagnostic tools

The advice made available on this Site and/or the diagnostic tools are simple simulations intended for obtaining expert cosmetics advice.
The indicative information that they allow the delivery of can in no event replace a medical diagnosis or clinical consultation, nor substitute for medical treatment.
In consequence, we cannot guarantee your entire satisfaction with respect to the advice that results from the use of such tools and assume no liability for the use that you may make of it.

For any additional information or in the event of doubt, we recommend you consult your personal physician and/or write to us at the following address: [email protected]

d. Hypertext links

The hypertext links implemented on the Web Site may take your to Web sites published by third parties as to which we do not control the content. In consequence, and to the extent these hypertext links have been included on this Site in order to facilitate your navigation of the Internet, the consultation of such third party Web sites is entirely your choice and your exclusive liability.

Furthermore, if you wish to create hypertext links to this Site, a prior request for authorisation must be submitted to us at the following address: [email protected]

e. Cookies

Cookies are small files that are left on your computer during your navigation of a Web site (such as for example the pages consulted, the date and time of consultation, etc.) and which may be read during your visit to the same Web site.

To benefit from all of the functionalities of the Site, it is better to set the browser to accept cookies. We would like to stress that the cookies do not permit us to identify you and the period for the conservation of the information recorded by the cookies on your computer is 6 months.

MODIFICATION OF THE SITE AND AMENDMENT OF THE TERMS OF USE

We may come to modify the content and information included on this Site as well to amend these Terms of Use, including, but not limited to, in order to comply with applicable new legislation and/or regulations and/or to improve the Site. Any modification and/or amendment shall be integrated into these Terms of Use.

HOSTING

This Site is Hosted by the Shanghai Yungoal Info Tech Co., Limited, with its registered office located at Shanghai, address 802, No.8, TianShan Road, Shanghai China.

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