Important
Thank you for accessing our website. Please read these terms and conditions (the 'Terms') before using the Website which is operated by L'Oréal Colour (UK) Limited whose registered office at 255 Hammersmith Road, London W6 8AZ ('L'Oréal Colour '). By using the Website, you signify your acceptance of the Terms in consideration of which L'Oréal Colour provides you with access. From time to time L'Oréal Colour may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the terms changed. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time L'Oréal Colour may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
No Reliance
While L'Oréal Colour has endeavoured to ensure the accuracy of the information accessed via the Website, L'Oréal Colour does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
Links
There may be links that let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of L'Oréal Colour and L'Oréal Colour is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by L'Oréal Colour in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or my be accessed from outside services and resources, the availability and content of which L'Oréal Colour does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
Intellectual Property
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ('Content') is protected by copyrights, trade marks and / or other proprietary rights. The Content includes both content owned or controlled by L'Oréal Colour and content owned or controlled by third parties and licensed to L'Oréal Colour. All individual articles, reports and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
You may not use any of L'Oreal's trademarks or trade names without L'Oréal Colour's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
You agree to notify L'Oréal Colour in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
Licence and Download Rights
You acquire no rights or licences in or to the Website and /or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download is permitted by L'Oréal Colour provided only that:
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you make no more than one printed copy of such download and no further copies of such printed copy are made;
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you make only personal, non-commercial use of such download and/or printed copy; and
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you retain on such download and / or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
No Warranty
The Website and the Content are provided 'as is' excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. L'Oréal Colour further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
L'Oréal Colour does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or 'Trojan Horses' and is not liable for any damage you may suffer as a result of such destructive features.
L'Oréal Colour shall not be held responsible for Content provided by third parties. L'Oréal Colour is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
Limitation of Liability
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from L'Oréal's Colour negligence, in no event will L'Oréal Colour be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if L'Oréal Colour has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
Local Laws and Regulations
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
L'Oréal Colour does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
Indemnity
You agree to indemnify, defend and hold harmless each of L'Oréal Colour, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L'Oréal Colour, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L'Oreal, its employees, representatives, suppliers, or agents is based on or arises in connection with:
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your use of the Website;
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any breach by you of the Terms;
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a claim that any use of the Website by you (i) infringes any intellectual property rights of any third party, or any right of personality or publicity, or (ii) is libellous or defamatory, or otherwise results in injury or damage to any third party;
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any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
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any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay L'Oréal Colour, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
Termination
Either you or L'Oréal Colour may terminate these terms with or without cause at any time. If L'Oréal Colour terminates these terms, L'Oréal Colour will email you at the address you provided on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to imartin@uk.loreal.com. On termination you shall destroy all Content, and copies thereof, obtained from the website.
Changes to the Website
You accept that L'Oréal Colour has the right to change the content or technical specifications of any aspect of the Website at any time at L'Oréal Colour's sole discretion. You further accept that such changes may result in your being unable to access the website.
Transmission and Feedback of Information
Any information you transmit through this Website is subject to 'L'Oréal's Colour Privacy Policy and remains L'Oréal Colour's property. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law. You agree that L'Oréal Colour may use and / or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.
Message Boards
The message boards are provided for your use. The views and opinions that may be expressed on the message boards do not reflect those of L'Oréal Colour.
The message boards may not be used to post any material which is in breach of any local, national or international law or which excites or encourages the breach of any such law; racist, sexist, homophobic, pornographic, obscene, profane, vulgar or defamatory or any person, entity or organisation; abusive, threatening or otherwise likely to be harmful to those persons likely to use the message boards; or which constitutes an infringement of any rights (including intellectual property rights) of any person, entity or organisation.
By submitting a message to the message boards, you are granting L'Oréal Colour a non-exclusive, worldwide, royalty-free, perpetual, non-revocable licence to use, distribute, adapt, modify, display, reproduce and transmit such message in any and all media in any manner in whole or in part without any duty to account to you. You also grant L'Oréal Colour the right to grant licences to users of the message boards to view and copy such information for personal use.
L'Oréal Colour reserves the right to delete, edit or otherwise modify any messages left on the discussion boards at its absolute discretion, whether or not such a message contravenes the rules above.
Severance and Waiver
If any provision of this Agreement is found to be invalid by a court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No wiaver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.
Your Backstage Pictures
All pictures are vetted by the L'Oreal Web Team before going 'live' on the website. By submitting your material you agree that: (i) L'Oréal shall own the copyright and all other intellectual property or other rights in any and all material that you upload to this website, in perpetuity on a worldwide basis, for use for any and all purposes whatsoever, including without limitation use on the L'Oréal Colour Trophy website and related materials, free and clear of any claims by you or anyone claiming through you. (ii) Accordingly, you also assign to L'Oréal any copyright and other intellectual property rights that may otherwise have vested in you, irrevocably waive any moral rights that may vest in you under the Copyrights, Designs and Patents Act 1988 and undertake to do all things necessary immediately at L'Oréal's request to effect or confirm any assignment. (iii) L'Oreal is under no obligation to use the materials you supply or provide compensation to you. (iv) You release L'Oreal and its respective employees, officers and directors from harm, damage, liability, cost or expense whatsoever in respect to or in connection with materials supplied by you and you will indemnify L'Oréal against any harm, damage, liability, cost or expense whatsoever that L'Oréal shall suffer or incur as a result of the use of materials supplied by you.
Entire Agreement
Except as provided herein, these Terms are the entire agreement between us and supercede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party's liability for fraud.
Third Pary Rights
Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right (under the Contracts [Rights of Third Parties] Act 1999 or otherwise) to enforce any provision of this Agreement or any agreement entered into in connection with it.
Governing Law and Jurisdiction
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
L'Oréal Professionnel Colour Trophy
L'Oréal Professionnel Men's Image Award
L'Oréal Professionnel Colour Trophy - Young Colourist Award
L'Oréal Professionnel Colour Trophy 2007
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