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In accordance with applicable Data Privacy laws, you are hereby informed that the personal data including your physical characteristics that are collected through this form are computerized and shall be processed solely by Vichy (and their technical subcontractors) for the purpose of your registration and/or your use of the Application.

You have a right to access, correct, object and delete the data that relates to you at any time by sending us an e-mail with proof of your identity at [TO BE COMPLETED].

End-user access and use of the Ideal Skin Diagnosis Tool

This Application developed and powered by COSMETIQUE ACTIVE INTERNATIONAL for his brand VICHY is a creative work protected by intellectual property law. To use this Application, User fully accepts to comply with the present Terms & Conditions.

1. Definitions

For the purposes hereof:

“VICHY” or “we” or “our” means the owner of the Platform as identified in the Platform’s terms of use.

“Application” means the “Ideal Skin Diagnosis” virtual diagnostic tool provided on the Platform.

“Application Content” means the components and contents provided with and/or included in the Application (especially but without limitation, the cosmetic products related content, the software code).

“License” means the license granted to user pursuant to the present Terms and Conditions

“Platform” means the VICHY platforms (ex: websites, application for smartphones and/or tablets, etc.) on which the Application is made available.

“Result” means the User Content as modified and/or processed by or in connection with the Application.

“User” or “you” shall mean any individual person aged over 18 who uses and/or accesses the Application and/or the Application Content on the Platform.

“User Content” means the initial photograph and/or content that you upload and/or use with the Application.

2. License and Purpose

The Application, the Application Content and the Result are made available to User under the following terms: We grant User a personal, free of charge, non-assignable, non-exclusive and non-transferable right to use the Application, the Application Content and the Result for the sole purpose of attempting to provide you a simulation of your perfect skin from the User Content and for User’s own personal, non-commercial and private requirements and according to that result to recommend you our cosmetic products and some daily tips to help you to achieve this result (the “Purpose”).

You acknowledge and agree that using the Application, the Application Content and/or the Result other than in strict compliance with the Purpose and as expressly authorized in this License may cause harm to us and/or our licensors and/or other right holders and you shall in this case be solely responsible for any such unauthorized use of the Application, the Application Content and/or the Result.

The User accepts that it has not acquired any other right, of any nature whatsoever, other than that granted pursuant to the terms of this license.

This License shall be effective upon User’s use of the Application (or, as applicable, when clicking on the “I Accept” (or equivalent) button located before User’s access to the Application) and shall continue in effect until termination of the License by us. We may, at any time, terminate the License and your access to all or part of the Application without any advance notice. We may also change or discontinue at our discretion any or all of Application’s services at any time, or modify these Terms and Conditions (including the License) at any time.

3. Use of the Application

To access and use the Application you may be required to (i) fill in an application form, and/or (ii) click on the “I Accept” button (or Equivalent) in order to accept the present Terms & Conditions.

a. User Content and Result

You may solely use and/or upload User Content and/or Result suitable for the Application. You may not use User Content and/or Result that (i) is prejudicial, threatening, harassing, offensive, illegal, defamatory, non-authorized, abusive, injurious, libelous, malicious, vulgar, hateful obscene or fraudulent, false or misleading, (ii) representing someone who did not authorize such submission; (iii) violates the privacy or image and publicity rights of others; or (iv) violates the property, proprietary or intellectual property rights (including copyright and trademark rights) of others.

You shall be solely responsible of Results you create with this Application that are entirely your choice and your exclusive liability for any third party claims relating to the use of the Results.

You hereby represent and warrant to us that (i) you own or have all the necessary rights and/or authorizations to use and/or upload the User Content and/or Result (ii) all information and/or User Content and/or Result you post or submit for posting are accurate and not misleading.

b. License on User Content and Result

You hereby grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and sub-licensable right and license to use, edit, copy, adapt, download, distribute, modify and make derivative works from the User Content and/or Result and/or to display such User Content and/or Result and any modification or derivative work thereof.

c. Application provided models and content

The Application may make available to you some Application Content (especially but without limitation and content related to our cosmetic products and/or brands). You acknowledge and agree that such Application Contents are subject to intellectual property law and/or image rights and/or other proprietary rights and are made available solely within the scope of the License and in compliance with the Purpose. Therefore any reproduction and/or representation, in whole or in part, of those Application Content, or of any of the items of which they comprise, on any media whatsoever, for other purposes than expressly describe in these Terms & Conditions is expressly prohibited.

4. Personal Data

"We may come to collect personal data regarding the User for the sole purpose of administration of your registration and/or your use of the Application. Such personal data (which may contain your photo or any User Content you may provide) will be the subject of automatic processing.

You acknowledge and agree that your personal data (including your photo) may be transferred outside of the European Union to our third-party contractors and service providers who work with us for purposes of providing services relating to the Application and/or Result.

In conformity with applicable law regarding data protection, you have a right to access, correct, object and delete the data that relates to you. You can exercise this right anytime by sending us an e-mail with proof of your identity to the following address: [TO BE COMPLETED].

We will maintain the confidentiality of the personal data sent by the User within the framework of use of the Application.

5. Limitation of liability

You acknowledge and agree that you have been informed that the Application, the Application Content and/or the Result is provided “as is” and more particularly you recognize that:
- The Use of the Application is at your sole risk and peril;
- We and/or our licensors provide no warranties whatsoever, including, but not limited to, those with respect to hidden defects, conformity, fitness for a particular use or purpose, and non-infringement and do not warrant that the Application, the Application Content and/or Result (i) conforms to the requirements of the User or its computer environment or its internet/telecommunication connection; (ii) is efficient, accurate, uninterrupted, secure, error free, without risk of error or available; (iii) is free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties, containing no material which some individuals may deem objectionable, suitable for any purpose ; (iv) the Result will be satisfactory to you and/or meet your requirements upon the actual purchase of that product and/or will be realistic.

6. Applicable law and attribution of jurisdiction

These terms of use for the Application shall be governed by [TO BE COMPLETED].

Any dispute as to the validity, interpretation and/or performance of these terms of use shall be subject to the exclusive jurisdiction of [TO BE COMPLETED].