1. Your Acceptance

1.1 By using and/or visiting the L’Oréal Professionnel “Inspiration Gallery” website (the "Website"), you signify your assent to these terms and conditions of use (the “Terms”) If you do not agree to any of these terms, then please do not use the Website.

2. The Website

2.1 These Terms apply to all users of the Website, including users who are also contributors of photographic content, technical or other information and/or materials. The Website may contain links to third party websites that are not owned or controlled by L’Oréal. L’Oréal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, L’Oréal will not and cannot censor or edit the content of any third party website.

2.2 By using the Website, you expressly relieve L’Oréal from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

3.1 L’Oréal hereby grants you permission to use the Website in accordance with these Terms, provided that:

3.1.1 your use of the Website as permitted is solely for your personal, non-commercial use;

3.1.2 you will not copy or distribute any part of the Website in any medium without L’Oréal's prior written authorisation;

3.1.3 you acknowledge that the photographs and other Website content are provided by L’Oréal for your inspiration, reference, education and training purposes only and you will not download, print or reproduce the photographs and/or other Website content for marketing, advertising or other promotional purposes nor authorise anyone else to do so; and

3.1.4 you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and

3.1.5 you will otherwise comply with the terms and conditions of these Terms.

3.2 In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify L’Oréal immediately of any breach of security or unauthorised use of your account. Although L’Oréal will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of L’Oréal or others due to such unauthorised use.

3.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the L’Oréal servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.

3.5 You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4. Intellectual Property Rights

4.1 The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to L’Oréal, subject to copyright and other intellectual property rights under English law. Content on the Website is provided to you AS IS for your information and personal use only as set out in these Terms and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

4.2 L’Oréal reserves all rights not expressly granted in and to the Website and the Content.

4.3 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein and you may not remove or obscure any copyright or other acknowledgement that appears on the Content.

4.4 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

4.5 You may not use any of L’Oréal's trademarks or trade names without L’Oréal's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

4.6 You agree to notify L’Oréal 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 Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

5. User Submissions by Professional Salon Representatives

5.1 The Website may in the future permit the submission of photographs, graphic designs, music or other communications submitted by you only if you are a professional salon representative and by other professional salon users ("User Submissions") and the hosting, sharing and/or publishing of such User Submissions.

5.2 User Submissions may in the future either be submitted by email to L’Oréal or uploaded to the Website but in either case your submission will not guarantee that such material will be published as Content, the selection of which will be at L’Oréal’s sole discretion. You understand that whether or not such User Submissions are published, L’Oréal does not guarantee any confidentiality with respect to any submissions.

5.3 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you confirm, represent, and/or warrant that:

5.3.1 you own or have the necessary licenses, rights, consents, and permissions to use and authorise L’Oréal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms;

5.3.2 you have the written consent, release and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person, as well as the written consent, release and/or permission of the artist responsible for creating the User Submission, to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms. By submitting the User Submissions to L’Oréal, you hereby grant L’Oréal a worldwide, exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and L’Oréal's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms. The foregoing license granted by you shall subsist after you remove or delete a User Submission from the Website; and

5.3.3 you waive in perpetuity in respect of any User Submission the benefits of any moral rights under English law or similar rights.

5.4 L’Oréal hereby grants to you a world wide, fully paid up, non-exclusive, royalty free, license to use, reproduce, distribute, display and perform the User Submissions that you submit under these Terms.

5.5 You agree that in connection with User Submissions that you will not undertake in any infringing activity including, but not limited to:

5.5.1 submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant L’Oréal all of the license rights granted herein;

5.5.2 publish falsehoods or misrepresentations that could damage L’Oréal or any third party;

5.5.3 submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;

5.5.4 post advertisements or solicitations of business; or

5.5.5 impersonate another person.

5.6 L’Oréal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and L’Oréal expressly disclaims any and all liability in connection with User Submissions. L’Oréal does not permit copyright infringing activities and infringement of intellectual property rights on its Website.

5.7 L’Oréal reserves the right to remove Content and User Submissions without prior notice. L’Oréal will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.

5.8 L’Oréal also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. L’Oréal may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

5.9 You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that L’Oréal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against L’Oréal with respect thereto, and agree to indemnify and hold L’Oréal, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

5.10 L’Oréal reserves the right to discontinue any aspect of the Website at any time.

6. No Warranty

6.1 You agree that your use of the Website shall be at your sole risk to the fullest extent permitted by law. L’Oréal, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.

6.2 L’Oréal makes no warranties or representations about the accuracy or completeness of the Content or the content of any sites linked to the Website and assumes no liability or responsibility for any:

6.2.1 errors, mistakes, or inaccuracies of Content;

6.2.2 personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website;

6.2.3 any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

6.2.4 any interruption or cessation of transmission to or from our Website;

6.2.5 any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party; and/or

6.2.6 any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. L’Oréal does not warrant, endorse, guarantee, or assume responsibility for any User Submission.

6.3 L’Oréal 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 L’Oréal is not liable for any damage you may suffer as a result of such destructive features.

6.4 These Terms do not affect your statutory rights or your legal rights if you are a consumer.

7. Limitation of Liability

7.1 Save in respect of fraud, personal injury or death to the extent it results from L’Oréal's negligence, in no event will L’Oréal, its officers, directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental or special damages, exemplary or loss of profits, or any other damages, costs or expenses of any kind whether based on warranty, contract, tort (including negligence) or otherwise arising from your use of the Website whatsoever, even if L’Oréal has been advised of the possibility thereof, resulting from any:

7.1.1 errors, mistakes or inaccuracies of Content;

7.1.2 any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

7.1.3 any interruption or cessation of transmission to or from our Website or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party; and/or

7.1.4 any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not L’Oréal is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

7.2 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 of the Content your sole remedy is to discontinue use of the Website.

7.3 You specifically acknowledge that L’Oréal shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

7.4 The Website is controlled and offered by L’Oréal. L’Oréal makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

8.1 You agree to defend, indemnify and hold harmless L’Oréal, its parent corporation or group companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any copyright or other intellectual property, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Website.

9. Ability to Accept Terms of Use

9.1 You confirm that you are at least 16 years of age, and are fully able and competent to enter into the terms, conditions, obligations, confirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

10. Assignment

10.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by L’Oréal without restriction.

11. Entire Agreement

11.1 Except as provided herein, these terms and conditions are the entire agreement between us and supersede any prior understanding or agreements (written or oral).

12. Third Party Rights

12.1 Nothing in these Terms 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 these Terms or any agreement entered into in connection with them.

13. Governing Law and Jurisdiction

13.1 The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

13.2 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.

13.3 L’Oréal 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.