CONDITIONS OF USE OF THE SITE (www.helenarubinstein.com)

This site has been developed for L’Oréal Produits de Luxe International (a partnership with capital of 76,456 euros, whose main office is located 106 rue Danton, 92698 Levallois, France, registered as a company in the Nanterre register of trades and companies under the number 309 064 947, acting on behalf of its department and its “Helena Rubinstein” brand (hereinafter referred to as “Helena Rubinstein”), telephone n°: +33 (0) 149 646500).

Director of Publication: (Sylvie Champenois – development department)

Hosting: BT France (Fluxus S.A. - 30, rue du Chateau des Rentiers - 75647 Paris cedex 13 – France - Paris RTC 394 999 577)

Helena Rubinstein is pleased to welcome you to its Internet site dedicated to the cosmetics distributed under the “Helena Rubinstein” brand, and accessible at the following URL address: (www.helenarubinstein.com) (hereinafter referred to as the “Site”) or via any other URL, hyperlink, tab or button placed on another site and redirecting users to the Site.

Please read carefully the conditions set out below before you use the Site. All use of the Site involves compliance with the present terms and conditions of use. By accessing the Site, all Internet users browsing through the Site (hereinafter referred to as the “Users”) declare that they have read and that they accept without any reservations the present conditions of use, and that they undertake to comply with these conditions and with the rules set out below, under all circumstances:

1. Helena Rubinstein’s intellectual property rights

The Helena Rubinstein Site is an intellectual work and as such, it is protected by intellectual property law. The Site and each of the elements making it up (such as brands, logos, photographs, images, illustrations, texts, video clips, etc.) are the exclusive property of Helena Rubinstein, the sole person or entity entitled to use the corresponding intellectual property rights and personality rights; Helena Rubinstein does not grant any licence or any other rights than that of accessing and using the Site for strictly private purposes. In this respect, the User is only granted a right to display the Site, on a single-screen unit.

Reproduction of any documents published on the Site is authorized solely for information purposes, and for strictly personal, private use. All reproduction and/or representation, in full or in part, of the Site, or of any one of the elements making it up, on any media whatsoever, for any other purpose, and especially for commercial purposes, is expressly prohibited.

With the exception of the circumstances set out above, all other reproduction and/or representation of the Site must be the object of Helena Rubinstein’s express prior authorization. In this respect, all requests for such authorization must be sent to the following address: Internet Helena Rubinstein – L'Oréal DPL – 106 rue Danton, 92691 Levallois Perret, France.

All unauthorized use constitutes pirating that is punishable by law.

Helena Rubinstein declines all responsibility concerning the contents, advertising, products or services available on or via any other sites linked to the Site.

Furthermore, all the brands mentioned on the Site are registered trademarks, and as such they are protected. No use of any one of the said trademarks can be made without Helena Rubinstein’s prior express agreement, under pain of piracy.

In all cases, Helena Rubinstein reminds the User that all requests for such authorization must be sent to the following address: Internet Helena Rubinstein – L’Oréal DPL – 106 rue Danton, 92691 Levallois Perret, France.

2. Data of a personal nature

Helena Rubinstein may be led to collect data of a personal nature concerning the User. These data will be processed automatically and used to manage the Helena Rubinstein customer file and carry out commercial prospecting actions in this respect; unless the User expressly refuses to grant approval for such use, the data can be forwarded to Helena Rubinstein’s commercial partners.

In compliance with the provisions set out in the French law n°78-17 dated 6 January 1978 as modified, concerning information technology, files and personal rights, Users are informed that they are entitled to access, contest, correct and delete data concerning them. To exercise their rights, Users must be able to confirm their identity by enclosing a copy of an identity document with their request and writing to the following address: Internet Helena Rubinstein – L’Oréal DPL – 106 rue Danton, 92691 Levallois Perret, France.

Helena Rubinstein undertakes to preserve the confidentiality of the personal data forwarded by Users while using the Site.

Furthermore, subject to obtaining the User’s prior express agreement when collecting data, Helena Rubinstein can canvass the User directly by e-mail.

3. Use of the Site

a. Access to the Site

Helena Rubinstein does all in its power to ensure that the Site remains accessible, but it is not under any obligation to do so. It is further stated that access to the Site may be suspended for maintenance or updating, or for any other reason, and especially for technical reasons. Under no circumstances can Helena Rubinstein be held liable for any such suspensions or for any resulting consequences for the User, but it will do all in its power to minimize the disturbances created while such operations are being carried out.

In all cases, Helena Rubinstein makes every effort to provide quality content and efficient services that are suitable for the standard computer systems on the market. However, Helena Rubinstein cannot guarantee that the said content and services are free of errors, faults or design defects preventing their use and/or installation. Helena Rubinstein cannot be held liable for any direct or indirect consequences and/or any damage caused by a defect and/or by pirating of these programs.

b. Use of the Site content

Helena Rubinstein takes care to update the Site content and provide Users with correct information. Nonetheless, Users are fully aware that transmission of data and information on the Internet only benefits from relative technical reliability, as the data and information are sent via highly heterogeneous networks. Hence Helena Rubinstein cannot guarantee the accuracy of the data available on the Site. Any errors or omissions must be notified to the following address: Internet Helena Rubinstein – L’Oréal DPL – 106 rue Danton, 92691 Levallois Perret, France.

All use of the Site not in compliance with its original intent and all infringement of the present stipulations can lead to application of the criminal and civil penalties provided for by law.

c. Advice given on the Site

The “diagnostic” tools available on the Site are only simulations intended to provide advice in the field of care and well-being. This advice is made available for information purposes only. Under no circumstances can these tools or the information they provide be seen as dealing with complaints and/or diseases, especially those affecting the skin, that require medical consultation; in no case can the tools or information replace a medical diagnosis and/or a clinical consultation, or provide a substitute for medical treatment.

The fact of making such tools or information available does not entail any transfer of the property rights attached to the applications. Users are only granted a licence to use these applications, in a non-exclusive way, and for their own private use solely. In this respect, Users are prohibited from (i) copying or reproducing all or part of the applications by any means whatsoever and on any media whatsoever, whether existing or to be developed, (ii) translating the applications into any other language, (iii) adapting the applications.

Furthermore, Helena Rubinstein’s obligations cannot cover results; they are limited to means concerning the advice provided to Users via the applications. In this respect, the applications operate on the basis of inferences; Helena Rubinstein guarantees solely that they will provide Users with advice in the light of the replies given to the questions asked.

Helena Rubinstein does not provide any explicit or implicit guarantees, and can in no way be held liable, concerning the use of the advice and the products recommended. All such advice and recommendations are provided for Users for information purposes only. For further information and/or in case of doubt on your part, you can write to the following address: Internet Helena Rubinstein – L’Oréal DPL – 106 rue Danton, 92691 Levallois Perret, France.

d. Hypertext links set up on the Site

The hypertext links set up on the Site can take the User to the Internet sites of various partners. In this respect, it is further stated that Helena Rubinstein has not checked all the sites linked to its own site, as to their content and the information shown there, and that it cannot hence be held liable for the content of such sites or for the use made thereof by the User. All visits made by the User to any such sites are made under the latter’s sole responsibility.

e. Use of cookies

Helena Rubinstein can send a cookie to the User’s computer to identify the User. Cookies are small files that are inserted in the User’s computer and that record information concerning the User’s browsing on the Site (such as the pages consulted, the date and time of consultation); these files can be read when the User subsequently returns to the Site.

Users are reminded that they can refuse insertion of cookies by configuring their browser accordingly. However, to benefit from all the Site functionalities, it is preferable to parameterize the browser to accept the cookies. The Site cookies are designed for use solely by Helena Rubinstein.

Helena Rubinstein informs Users that they can refuse insertion of cookies by configuring their browser in the following way:
- For Mozilla Firefox:
1.Select the “Tools” menu and then “Options”.
2.Click on the “Private life” icon.
3.Go to the “Cookies” menu and select the desired options.

- For Microsoft Internet Explorer 6.0:
1.Select the “Tools” menu and then “Internet Options”.
2.Click on the “Confidentiality” tab.
3.Use the cursor to select the desired level.

- For Microsoft Internet Explorer 5:
1.Select the “Tools” menu and then “Internet Options”.
2.Click on the “Security” tab.
3.Select “Internet” and then “CustomLevel”.
4.Go to the “Cookies” section and select the desired option.

- For Netscape 6.X and 7. X :
1.Select the “Edition”>“Preferences” menu.
2.Confidentiality and Security
3.Cookies

- For Opera 6.0 or higher:
1.Select the “Edition”>“Preferences” menu.
2.Private life.

4. Modification of the conditions of use

Helena Rubinstein reserves the right to modify at any time the present conditions of Site use, and especially in order to comply with such new regulations or legislation as may be applicable and/or to improve consultation of the Site by the User. All modifications made to use of the Site will be integrated in the present conditions.

5. Law applicable and settling any disputes

The present conditions of Site use are governed by French law.

Any disputes arising as to the validity, interpretation and/or execution of the present conditions of use will be brought before the competent Paris courts. The language used within the framework of any procedure to settle such disputes or any other procedure will be French.

The stipulations set out in paragraphs 1 and 2 above are not applicable if the law of the User’s country of residence imposes other rules as to the law applicable to contracts, competent courts or language, which are more favourable to the User, and if no contractual waiver is applicable.