General Conditions of Use
Said General Terms and Conditions of Use define the rules for accessing the Web site www.livemore.biotherm.com (hereinafter referred to as the "Site") and its conditions for use that each user agrees to implicitly accept simply upon connecting to the Site.
The Site is published and hosted by WEBEDIA (hereinafter referred to as the "Publisher"), a simplified joint stock company with capital of 382,881€, headquartered in LEVALLOIS-PERRET (92300) at 2 Rue Paul Vaillant Couturier, registered as a company in the Paris Trade and Company Registry under number 501 106 520.
The Publisher of the Site is the only one authorized to define the conditions for the public publication, use and consultation of any information that it integrates and sets in the databases used by the automated processing system that provides online publishing.
INTELLECTUAL PROPERTY RIGHTS
The Site and each of its components (such as brands, logos, photographs, images, illustrations, text, video clips, etc.) are the exclusive property of L’Oréal, acting for the Luxury Division and its brand Biotherm (hereinafter referred to as the "Company"), which is the only party able to use the intellectual property and related rights, but cannot transfer any license or right other than the right to consult the site.
Hyperlinks to the Web site www.ivemore.biotherm.com can only be created with the prior written authorization of the Company. The Company accepts no liability regarding the content, advertising, products or services available on or from the sites linked to www.livemore.biotherm.com
Any person having access to the Site, regardless of the capacity in which it is accessed (private or professional), the place in which the person is located, the means of connection to the Site, or the purposes and aim of their access to the information published on the Site, is a user of the Site (hereinafter referred to as the "User".
The User is informed of the Internet's inherent risks particularly in terms of:
- security failures during data transmission;
- lack of a guarantee of continuous access to the Site or to the different services offered by the Site.
In no case shall the Publisher be held liable for these risks and any consequences thereof that may be detrimental to any degree to the User.
It is the responsibility of each User to take all appropriate measures to protect his own data, software and hardware from any contamination by viruses or other forms of attacks potentially circulating via the Site or the information published.
The User will not be able to cite any difficulty in gaining access to the Site to access the information that is contrary to these General Conditions of Use.
In order for the claims of the User to be taken into account, they must be addressed to the Publisher solely by post as a registered letter with acknowledgement of receipt to the aforementioned address.
The Site and the information published on it are subject to:
- consulting information using the Publisher's automated data processing system;
- for uses that are strictly limited to private, non-commercial use by the User that is not intended for shared use, whether free or paid.
The creation of links directed exclusively at the Site's home page is tolerated as long as these can only be opened in a new browser window. In any event, the Publisher reserves the right to revoke this tolerance at any time it is appears that the link to the site is for the purpose of attacking the site's interests.
The User is legally authorized to make short quotations, reviews and reproductions intended for press reviews and other uses expressly authorized by the law and within the limits of the conditions set by this law under the particular condition of citing the name of the authors and the source of the content.
Unless the Publisher has given its express prior authorization, any reproduction, representations and uses other than those specified above are prohibited, in particular:
- any adaptation, provision to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of the work, services, brands or any elements that are protected or likely to be protected under intellectual property law reproduced on the Site;
- any extraction or reuse, including for personal reasons, of a substantial part of the content of the database on the Site;
- any extraction or reuse, repeated and systematic, of even a non-substantial part of the database content on the Site;
- any link, access, modification, addition or deletion that affects the automated processing system for publishing online and changes the conditions for publishing or alters the publishing policy.
Any User who acts in fraud of these General Conditions of Use is at risk of being subject to civil or criminal charges that infringe, in particular, the copyrights or similar rights of the producers of the databases or automated data processing systems.
The User is reminded that the Criminal Code (article 323-1 and subsequent) sanctions by penalties of up to five years imprisonment and a 75,000 euro fine, and particularly sanctions:
- fraudulent access and updates to an automated data processing system,
- fraudulent deletion, modification or addition of data within this system,
- obstructing this system, whether by electronic mailing or other means, using elements containing software viruses or other codes, files or computer programs designed to interrupt, destroy or limit the functionality of the Site.
- attempts to probe, scan or test for vulnerability of a system or a network, or even breach security or authentication measures without having received authorization to do so;
- use the identity of another person;
- carry out an activity or incite a third person to carry out an illegal activity or any other activity that could adversely affect the rights of L’Oréal brands or Company, its suppliers, partners, distributors, advertisers or any other User;
- send or transfer (by any means whatsoever) information of software derived from the Site, in particular to other countries or certain foreign citizens in violation of any national or international law or regulation.
The Site Administrator's role is to ensure that the Site works correctly and to look after its security. Part of its task is to facilitate the application of these General Conditions of Use and to make sure that each User's behaviour is honest and responsible.
The site may include links to other sites or other Internet sources. Insomuch as the Company cannot control these sites and these external sources, the Company cannot be held liable for the provision of these sites and external sources, and thus shall not be held liable for the content, advertising, products, services or any other material available on or via these sites and external sources.
These links are proposed to users of the site as a service. The decision to activate the links is strictly that of the User.
By applying the provisions of amended Law No. 78-17 of January 6, 1978 entitled "I.T. and Freedoms", all Users have rights of access, editing, correction and deletion of the data concerning them. These rights can be exercised at any time either by post or e-mail at: Webedia 2 rue Paul Vaillant Couturier, 92300 Levallois-Perret, France.
Any use of the Web site is recorded. The User is informed of the Publisher's ability to implement automated data collectors in order to identify Users and their subsequent visits to the Site.
In some cases, the User may be asked to provide personal data for statistical purposes. In addition, the User is informed that this data may be used for purposes of direct prospecting for similar products and services by the Publisher of the Site. The User can have access to this data and can freely oppose its use in writing to the address given above.
Any other prospecting by the Publisher of the Site or any transfer to third parties (commercial partners, etc.) of this data will be subject to the express prior agreement of the User.
The Site Publisher agrees to take all recognized technical precautions to preserve the security of personal data, and in particular to prevent these data from being deformed, damaged or communicated to an unauthorized third party.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The Company shall not be held liable for direct or indirect damages, which could result in accessing the site or using the site and/or this information, including inaccessibility, data losses, deteriorations, destruction or viruses that could affect the computer equipment of the user and/or the presence of the virus on its Site.
The Company reserves the right at any time and without notice, to make improvements and/or changes to the content of its Site. It is hereby indicated that, for the needs of maintenance, updates or for any other reason, notably technical, access to the Site could be interrupted.
Any claim made by a User against the Company must be submitted within two (2) months following the event, i.e., the subject of the claim.
MODIFICATIONS TO THE GENERAL CONDITIONS
The Publisher may modify the terms of these General Conditions of Use at any time. The User is bound by these modifications as soon as they are placed online. It is therefore recommended that the User consults the General Conditions of Use regularly, in order to be aware of any new conditions. The use of the Site shall be subject to the General Conditions of Use in effect at the time of the use.
Non-respect by any User, regardless of their location, of any one of the provisions of these General Conditions of Use, and more generally, any difficulty affecting their execution, interpretation or validity, are subject to French law and to the jurisdiction of the City of Paris.
You are a visitor of this website. You should look at it without having to identify yourself. We respect our visitors’ anonymity and we do not establish our visitors’ profile. The website connections data are only use to insure the security of the website (detection of possible intrusions) and to estimate the global attendance of the site (i.e.: the most consulted sections). If necessary, we use non persistent cookies (a cookie being a little data block sent by a web server and stored on your computer's hard disk)
The cookies we may use if necessary do not allow to identify you but just to memorize the technical specifications during your visits to avoid to seize your coordinates several times. This kind of cookie is not persistent. As soon as you quit our website, the generated cookies disappear from your hard disk. Our aim is not to recognize your device during your later connections. You can refuse the cookies, our website will remain accessible. By modifying the options of your browser, you can ask to be notified when a cookie is activated, or refuse all of the cookies. If you opt for this last one, our website will remain accessible but your browsing may become less convenient.
The instructions to delete the cookies in other browsers are available in English at the following address: http://www.allaboutcookies.org/manage-cookies/. For further information on cookies, please consult the CNIL website.