TERMS OF USE "VIRTUAL SKIN CONSULT"

1. INTRODUCTION Please read carefully these terms of use (the "Terms") before using the Virtual Skin Consult which is operated by Jafra Cosmetics International, Inc., 2451 Townsgate Rd., Westlake Village, CA 91361 ("JAFRA"). By using the Virtual Skin Consult, 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 Skin Consult. 2. VIRTUAL SKIN CONSULT FUNCTIONALITY Virtual Skin Consult is a beauty-tech tool which allows you to complete a questionnaire to find your recommended skin care routine and other products ("Recommended Products") (collectively, the "Experience"). The recommendations provided by Virtual Skin Consult can in no event replace qualified professional consultation, nor substitute for medical diagnosis, consultation or treatment, or replace an actual test of the products on your skin. In order to participate in the Experience, you will need a device equipped with a camera. To access the Virtual Skin Consult, 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. The Virtual Skin Consult provides a suggestion of skin care products you may like and does not constitute a guarantee that the result will be satisfying on your skin when you will try the skin care products in reality, as it depends on, among other things, on the relevance of the information you gave when answering the questionnaire. The Recommended Products will be linked to JAFRA.com where they can be purchased. You have no obligation to purchase the Recommended Products. 3. PRICES Any prices of Recommended Products and any other 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 Virtual Skin Consult 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 Skin Consult 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 Skin Consult. 6. INTELLECTUAL PROPERTY JAFRA owns or licenses all the intellectual property rights in the Virtual Skin Consult, 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 Skin Consult or the Content other than the limited right to use the Virtual Skin Consult 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 Skin Consult and/or its Content. In relation to the use of the Virtual Skin Consult, 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 SKIN CONSULT The Virtual Skin Consult 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 Skin Consult. JAFRA does not guarantee that the Virtual Skin Consult 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 Skin Consult or the Content without notice. JAFRA does not warrant that the Virtual Skin Consult 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 Skin Consult. You are also responsible for ensuring that all persons who access the Virtual Skin Consult through your internet connection are aware and comply with the Terms. 8. WARRANTY AND LIMITATION OF LIABILITY The Virtual Skin Consult 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 Skin Consult or to the Content. You expressly agree that your use of the Virtual Skin Consult 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 Skin Consult, 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 Skin Consult, 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 Skin Consult; 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 Skin Consult by intentionally introducing Viruses. You must not try to get unauthorized access to the Virtual Skin Consult, the server on which the Virtual Skin Consult is stored, or any server, computer or database connected to the Virtual Skin Consult. In the event any breach to this provision, your right to use the Virtual Skin Consult 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 Skin Consult, 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.