TERMS OF USE "VIRTUAL TRY ON"

  1. INTRODUCTION Please read carefully these terms of use (the "Terms") before using the Virtual Try On which is operated by Jafra Cosmetics International, Inc., One Baxter Way, Ste. 150, Westlake Village, CA 91362 ("JAFRA"). By using the Virtual Try On, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, do not use the Virtual Try On. 
  2. VIRTUAL TRY ON FUNCTIONALITY Virtual Try On is a beauty-tech tool which allows you to scan your face in order to virtually try on certain cosmetics ("Beauty Products") (collectively, the "Experience"). In order to participate in the Experience, you will need a device equipped with a camera to access the Virtual Try-on, you can visit the JAFRA website (jafra.com or Personal Website). Then, you can follow the instructions to run the online tool on your device. You will need an Internet connection and a compatible device in order to access to the Virtual Try On. In order to participate in the Experience, you will need a device equipped with a camera. The Experience provides only an illustration of the potential effects from the application of the Beauty Products and does not constitute a guarantee that the result will be identical or fully equivalent when you will apply the Beauty Products in reality. Notably and among other things, lighting conditions may impact your use of the tool and actual results may differ from the virtual shades. For most accurate results, use in natural day light. If the virtual shades do not match correctly, please contact us so we can help improve the tool and your Experience. The recommendations provided by the Experience can in no event replace qualified professional consultation, nor substitute for medical diagnosis, consultation or treatment, or replace an actual test of the Beauty Products on your skin. The Recommended Products will be linked to JAFRA.com where they can be purchased. You have no obligation to purchase the Beauty Products. 
  3. PRICES Any prices of Beauty Products displayed are indicative and are subject to change, at the sole discretion of JAFRA. JAFRA declines all responsibility for any incorrect/inaccurate prices. 
  4. DATA PROTECTION You can use the Virtual Try On without providing any personal data to JAFRA. If you purchase products, your personal information will be collected by JAFRA in accordance with the JAFRA Privacy Policy
  5. CHANGES TO THESE TERMS To the full extent permissible by applicable law in your jurisdiction, JAFRA reserves the right to modify or update these Terms at any time without notice and your continued use of the Virtual Try On after JAFRA posts any revised Terms means you agree to be bound by such modifications or updates. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. If at any time you do not wish to accept the Terms or the revised Terms, you may not use the Virtual Try On. 
  6. INTELLECTUAL PROPERTY JAFRA owns or licenses all the intellectual property rights in the Virtual Try On, and in the material published on it by JAFRA or on its behalf (the "Content"). You acquire no rights of any kind in the Virtual Try On and/or, the Content other than the limited right to use the Virtual Try On in accordance with these Terms. 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 Virtual Try On and/or its Content. In relation to the use of the Virtual Try On, you grant to JAFRA a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable license to use your image for the purpose of providing you the Experience. 
  7. ACCESSING AND CHANGES TO THE VIRTUAL TRY ON EXPERIENCE The Virtual Try On is made available free of charge; however, an Internet connection and either a computer, a mobile phone, or a tablet are needed in order to access to the Virtual Try On. JAFRA does not guarantee that the Virtual Try On will always be available/uninterrupted. JAFRA will not be liable for such unavailability or interruption. JAFRA may suspend, withdraw, discontinue or change all or any part of the Virtual Try On or of the Content without notice. JAFRA does not warrant that the Virtual Try On is compatible with your computer equipment, your tablet or your mobile phone. You hold the responsibility to make the necessary arrangements to have access to the Virtual Try On. You are also responsible for ensuring that all persons who access the Virtual Try On through your internet connection are aware and comply with the Terms. 
  8. WARRANTY AND LIMITATION OF LIABILITY The Virtual Try On is provided by JAFRA on an 'as is' and 'as available' basis. JAFRA makes no representations or warranties of any kind, express or implied, as to the use of the Virtual Try On or to the Content. You expressly agree that your use of the Virtual Try On is at your sole risk. To the full extent permissible by applicable law, JAFRA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. JAFRA does not warrant that the Virtual Try On, its servers, or e-mails sent from JAFRA or on JAFRA’s behalf by its service providers are free of viruses, worms, logic bombs, "Trojan horses", or other harmful components (the "Viruses"). JAFRA will not be liable for any damages of any kind arising from the use of the Virtual Try On, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 
  9. INDEMNITY You will indemnify and hold harmless JAFRA, its parents, subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the "JAFRA Party/ies") from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the JAFRA Parties, and shall defend the JAFRA Parties against any and all claims arising out of : i. your use of the Virtual Try On; ii. your breach of these Terms; iii. fraud you commit, or your intentional misconduct or gross negligence. The applicable JAFRA Party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such JAFRA Party. 
  10. VIRUSES You must not misuse the Virtual Try On by intentionally introducing Viruses. You must not try to or obtain unauthorized access to the Virtual Try On, the server on which the Virtual Try On is stored, or any server, computer or database connected to the Virtual Try On. In the event any breach to this provision, your right to use the Virtual Try On will cease immediately. 
  11. ENTIRE AGREEMENT AND GOVERNING LAW These Terms, including the JAFRA Privacy Policy and any additional terms you may enter into with JAFRA in connection with the use of the Virtual Try On shall constitute the entire agreement between you and JAFRA. Any disputes arising related to these Terms or your use of the Virtual Try On shall be governed by and construed in accordance with the laws of California, without regard to its conflict of laws provision. The exclusive jurisdiction and venue for actions related to these Terms or the Virtual Try On will be the courts located in Los Angeles, California, and both Parties consent to the jurisdiction of such courts with respect to any such action. 
  12. CONTACT US If you have any questions or comments regarding these Terms, you can contact us at JAFRACares@JAFRA.com.