GENERAL CONDITIONS & LEGAL NOTICE
OF BIG BANG BEAUTY TECH INNOVATION PROGRAM WEBSITE

Introduction

Welcome to this website dedicated to managing the Big Bang Beauty Tech Innovation Program within the L’Oréal Group.

You will find below our legal notice and a set of rules that define the terms of use of the Site. 

Legal Notice

Site URL: https://bigbang.lorealsapmena.com/

Contact: Email: [email protected]

Publication Director: M Nicolas HIERONIMUS

Publisher: L’Oréal Singapore Pte Ltd, incorporated under the laws of Singapore (UEN: 199001413D), with its registered office at 10 Collyer Quay, #10-00, Ocean Financial Centre, S 049315 (hereinafter “L’Oréal”).

Site technical development: Agorize

Site hosting: The global instance of the Site is hosted in a data centre located in Europe and provided by Agorize.

Terms of use / General conditions

1. Access to the Site

Available to all visitors at https://bigbang.lorealsapmena.com/

To access and use this Website you need to be at least 18 years old.

You may freely use the Website, without being required to sign in or create an account.

2. Intellectual property

a) Intellectual property rights

Developing this Site involved significant investments. The Website and each of the elements it comprises (i.e., brands, general conditions, images, texts, videos, etc.) are protected by intellectual property rights. As the exclusive owner of this Site, we own all intellectual property rights to the Site and its content, including but not limited to:

• Copyrights relating to contents,
• Industrial property rights relating to our brands and logos,
• Intellectual property rights relating to our domain names,
• Intellectual property rights relating to all of our identifiers on the social networks to which We are likely to refer,
• Sui generis rights of the database producer on the databases that We are likely to put at your disposal.

We may make available to you via this Website contents that you are authorised to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.

Visiting our Site does not transfer any rights of any kind. Except as expressly provided, We do not grant you any right other than the right to access and use the Site strictly for your personal and private use.

Consequently, all use, reproduction or representation of the Site (in whole or in part) or of its elements, on any media whatsoever, for other purposes, including, but not limited to, commercial purposes, is prohibited.

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 previously to the following address: [email protected]

b) User content

We may make available via this Website a space dedicated to user content, such as text, photos, videos, opinions, etc. (hereinafter "User Content").

By posting User Content via the Website, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by Singapore law (including any subsequent suppletive or amending regulations) license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).

Said use shall be authorised for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL or its affiliates, its products and/or its brands, particularly on the following media:

• Posting in all formats, in unlimited quantity;The written press, unlimited number of publications;
• Publishing, unlimited number of publications, including but not limited to publishing for purposes of in-house communication, to sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands;
• B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
• Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts, via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products.

(hereinafter the “Media”).

You are hereby informed that said social networks are platforms owned by third parties and, accordingly, the circulation and use of User Content via said social networks shall be governed by the terms of use defined by said third parties. Therefore We shall not be held responsible for any use of the content by Us or any third parties in accordance with the terms of use defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of Content. You shall be responsible for handling any third-party claims relating to the use of the Content in accordance with the terms of use defined by the social networks.

In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Website.

This authorisation gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.

Further, the use of User Content may come with such anonymised information as your city, country or age, and/or, if you expressly authorised it, information allowing your identification such as your first name, or your alias.

Any such User Content as you may publish via this Website shall be chosen by you and under your sole liability. However, We would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct.

In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.

c) Third-party rights

We hereby remind you that you shall secure all the necessary authorisations and rights from any relevant rightsholders in connection with any content you may wish to post via the Website, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents. For example, you shall secure the rights in and to any content (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

3. Code of conduct

a) We support the values of tolerance and respect for others.

For this reason, by using this Website, you agree not to:

• Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
• Disseminate any content that may be harmful, defamatory, unauthorised, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or inducing to commit certain crimes or offences;
• Use the Site for political, propaganda or proselytising purposes;
• Publish any content advertising or promoting any products and/or services competing with L'Oréal brand(s), even if such products or services are not presented on the Site;
• Divert the Site from its intended purpose, including by using it as a dating service or as a space to communicate prohibited content under the terms of the present agreement;
• Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, and telephone number;
• Disseminate any information or content that may be upsetting for the youngest;
• Intimidate or harass others;
• Conduct illegal activities, including those that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.:
• Publish or provide any personal data that may be considered ‘sensitive’:personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; genetic data, biometric data processed solely to identify a human being;health-related data; data concerning a person’s sex life or sexual orientation;
• Display or share inappropriate content or material involving, for example, nudity, pornography, offensive language, violence, or criminal activity;
• Adopt inappropriate behaviour or act in a way likely to offend others’ sensibilities;
• Capture and/or record and/or disseminate any capture of conversational screens or teleconsultations with our hosts on any electronic means of communication.
• Disseminate content (including photographs and videos) portraying minors;

Failure to comply with the principles listed above constitutes a breach of these Terms of Use and We reserve the right to take all necessary measures to bring it to an immediate end, including but not limited to:

- Immediate, temporary or permanent withdrawal of the right to access and use this Website and services provided on the Website;

- Delete User account;

- Remove User Content uploaded to this Website;

- Disclose such information to law enforcement authorities as required by law;

- Initiate legal proceedings and/or refer it for criminal prosecution.

We reserve the right to take all the measures mentioned above at any time, without any notice and at our sole discretion. Implementation of these measures may imply processing of your IP address.

If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, you shall immediately notify Us at the following email address: [email protected], specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the disputed content and the author thereof.

If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: [email protected], specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the author thereof. Such notices shall contain:

• the date of the notice;
• if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;
• the addressee’s name and address or, if a legal entity, its corporate name and registered offices;
• a description and specific location of the reported facts (e.g., URL link to the reported content; and
• the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts.

b) Obligations regarding viruses, hacking and other offences :

You must not misuse the Site and, therefore, you shall not adopt the following behaviours:

• Introducing on the Site viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to the Site;
• attack our Site via a denial-of-service attack or a distributed denial-of-service attack
• use our Site in any way that could jeopardise its functioning, generate idiotic results or lead to shutting down or rebooting all or part of the Site.

By breaching this provision, you would commit a breach of the General Terms and possibly a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material, action or series of actions that may infect or affect our Site and its functioning or your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

4. Personal data

The use of our Site and the application management services to which it provides access involves the processing by L'Oréal of your personal data. In order to protect your privacy and to comply with our obligations under applicable regulations, We have adopted a separate privacy policy applicable to candidates with L'Oréal, which We invite you to consult on the Site.

5. Cookies

During your visit on the Site, cookies may be deposited on your terminal.

Cookies are small files that are deposited on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and may be read whenever you access the same website.

For further information on the cookies policy of our website, please check out our cookies policy.

6. Liability and warranty

You acknowledge that you have read these General Terms of the Site and you agree to comply with their provisions. You acknowledge that you have the skills and means necessary to access and use the Site, including a high-speed Internet connection with an updated version of the browser, and declare that you have verified that the computer configuration used does not contain any viruses and that it is in perfect working order.

We implement all means at our disposal to ensure the availability and reliability of the Site and its contents. As such, We reserve the right to delete or modify the Site at any time and without notice, and to review, delete, modify, edit, validate or change, in whole or in part, any content sent to or posted on the Site, for which We shall not be liable, and to delete any candidate account at Our discretion.

In addition, We undertake to provide you with accurate and up-to-date information. Nevertheless, We cannot guarantee the accuracy of all the information published on the Site. As such, We remind you that inaccuracies or omissions may appear in the information available on this Site. We undertake to remove inaccuracies or to complete this information on the Site as soon as possible when We become aware of them. We thank you for this reason for informing us of any error or omission of which you may be aware by email at the following address: [email protected].

While We try to keep the Site available 24/7, We are not responsible in the event of an interruption of service for maintenance, updates or any other reason beyond our reach or control such as network failures due to various technical intermediaries or viruses.

7. Convention of proof

Consents, agreements, clicks, or other evidence of your activity on our Site are kept under reasonable conditions of security.

8. Jurisdiction and applicable law

The General Terms and any dispute or claim arising out of or in connection with the General Terms or their subject matter (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of Singapore.

If we fail to resolve amicably any dispute that may arise with respect to the interpretation, the performance and/or the termination of these General Terms, the Courts of Singapore will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.

9. Modification of the Site and amendment of the General Terms

We aim to update the Site regularly and may modify the Site as well as the content and information included on this Site including these General Terms, such as but not limited to, comply with applicable new legislation and/or regulations and/or to improve the Site at any time.

Any changes to our Site that would significantly affect your use of the Site, will be incorporated into these General Terms. You are hereby informed that the General Terms currently in force are those accessible on our Site, which We invite you to consult regularly.

10. Disclaimer

We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Website. Indeed, we may be required to momentarily suspend access to all or part of the Website, particularly for technical maintenance purposes.

It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:

Poor transmission and/or reception of any data and/or information via the Internet;

Any external intrusions or computer viruses;

Any defaulting reception equipment or communication networks; and

Any such Internet malfunction may hinder the proper operation of the Website.

Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.