TERMS OF USE “Find My Shade”

1. INTRODUCTION Thank you for accessing the Find My Shade quiz. Please read carefully these terms of use (the “Terms”) before using the Find My Shade quiz, which is operated by Coty Inc., with its registered offices at 350 Fifth Avenue, 17th Floor New York, NY 10118 (“Coty”). By participating in the quiz, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, please do not participate in the quiz. 2. FIND MY SHADE FUNCTIONALITY Find My Shade quiz is a beauty-tech tool which allows you to complete a questionnaire to find your recommended foundation and other products (the “Recommended Products”). The recommendations provided by Find My Shade 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, you will need a device equipped with an internet access. To access the Find My Shade quiz, you can visit directly the brand website product pages. Then, you can follow the instructions to run the online tool on your device. To access the Find My Shade quiz, you can also scan the QR code located in a participating retail store. For this, you will need a device equipped with a camera and/or a QR Code reader software. The Find My Shade quiz provides a suggestion of the closest shade and/or finish to the description you have provided of your skin and your expectations, but does not guarantee a particular color result will be satisfying on your skin when you try the foundation in reality, as it depends on a range of factors including, among other things, the relevance of the information you gave when answering the questionnaire. After completing the questionnaire, you may be asked to provide your email address, to receive the results of the questionnaire with the suggestion of your Recommended Products by email or to subscribe to our newsletter. By submitting your email address, you confirm acceptance of our Privacy Policy. The Recommended Products will not be offered for sale on the Find My Shade quiz, but you can purchase Recommended Products via third party retailer websites. You have no obligation to purchase the Recommended Products. Coty does not guarantee their availability on third party retailer’s websites. 3. PRICES Any prices of Recommended Products or other products displayed are indicative and are subject to change, at the sole discretion of the third-party retailer. Price information is provided by retailers and passed on without endorsement or confirmation. To the extent permitted under local laws, Coty declines all responsibility for any incorrect/inaccurate prices. Any claims relating to the prices which are brought to the attention of Coty will be forwarded to the relevant retailer. 4. DATA PROTECTION You can use Foundation Finder without providing any personal data to Coty. If you choose to receive your Beauty Products and/or Recommended Products via email or sign up to our newsletters, Coty will collect and use your personal data in accordance with our Privacy Policy. Coty Inc. will be the controller of your personal data. If you have any questions regarding our privacy practice or how we handle your personal information, please contact Coty using the Contact us form: https://rimmellondon.cotyconsumeraffairs.com 5. CHANGES TO THESE TERMS To the full extent permissible by applicable law, Coty reserves the right to modify or update these Terms at any time without notice and your continued use of the Find My Shade after Coty 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 Find My Shade quiz. 6. INTELLECTUAL PROPERTY Coty owns or licenses all the intellectual property rights in the Find My Shade quiz, and in the material published on it by Coty or on its behalf (the “Content”). You acquire no rights of any kind in the Find My Shade quiz, the Content other than the limited right to use the Find My Shade quiz 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 Find My Shade quiz and/or its Content. 7. ACCESSING AND CHANGES TO THE FOUNDATION FINDER The Find My Shade quiz is made available free of charge, being specified that an Internet connection and either a computer, a mobile phone, or a tablet are needed in order to access to the Foundation Finder. Coty does not guarantee that the Find My Shade quiz will always be available/uninterrupted. Coty will not be liable for such unavailability or interruption. Coty may suspend, withdraw, discontinue or change all or any part of the Find My Shade quiz or of the Content without notice. Coty does not warrant that the Find My Shade quiz 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 Find My Shade quiz. You are also responsible for ensuring that all persons who access the Find My Shade quiz through your internet connection are aware and comply with the Terms. 8. WARRANTY AND LIMITATION OF LIABILITY The Find My Shade quiz is provided by Coty on an 'as is' and 'as available' basis. Coty makes no representations or warranties of any kind, express or implied, as to the use of the Find My Shade quiz or to the Content. To the full extent permissible by applicable law, Coty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Coty does not warrant that the Foundation Finder, its servers, or e-mails sent from Coty or on Coty’s behalf by its service providers are free of viruses, worms, logic bombs, “Trojan horses”, or other harmful components (the “Viruses”). Coty will not be liable for any damages of any kind arising from the use of the Find My Shade quiz, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Coty does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Coty’s negligence or the negligence of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 9. INDEMNITY You will indemnify and hold harmless Coty, its parents, subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “Coty 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 Coty Parties, and shall defend the Coty Parties against any and all claims arising out of : i. your use of the Find My Shade quiz; ii. your breach of these Terms; iii. fraud you commit, or your intentional misconduct or gross negligence. 10. VIRUSES You must not misuse the Find My Shade quiz by intentionally introducing Viruses. You must not try to get unauthorized access to the Find My Shade quiz, the server on which the Find My Shade quiz is stored, or any server, computer or database connected to the Find My Shade quiz. In the event any breach to this provision, your right to use the Find My Shade quiz will cease immediately. 11. ENTIRE AGREEMENT AND GOVERNING LAW These Terms, including the Coty Privacy Policy located at https://privacy.coty.com/en_gb/ and any additional terms you may enter into with Coty in connection with the use of the Find My Shade quiz, shall constitute the entire agreement between you and Coty. To the fullest extent permitted by law, any dispute of any sort that might arise between you and Coty from the use of Find My Shade quiz, shall be governed by New York Law. To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the Find My Shade quiz shall be instituted before the Courts of New York. 12. CONTACT US If you have any questions or comments regarding these Terms, you can contact us by filling the Contact us form and by selecting your language of choice in the language dropdown at the top-right of the form.