Instaglam is owned by L’Oreal India Limited (hereinafter referred to as ‘L’Oreal”), a company incorporated
under the Companies Act, 1956.
Terms and Conditions
Welcome to Maybelline New York’s Instaglam (hereinafter referred to as ‘Instaglam”). Please
read these Terms and Conditions before using, or submitting content in any form or medium on
Instaglam. By continuing to use Instaglam or by submitting content to Instaglam, you agree to
abide, and that you are bound, by these Terms and Conditions. We reserve the right to change
these Terms and Conditions at any time, and you agree (including by virtue of your continued
use of Instaglam) to be bound by any such changes. Unless explicitly stated otherwise, any new
features or functionality that augment or enhance Instaglam shall be subject to these Terms and
Conditions. Instaglam may be available on mobile devices such as iPhone, iPad, and Android,
and any other products in connection with Instaglam.
1. Information collection
By accessing Instaglam, you agree to your basic information (User ID , friend list, age range, locale, and
gender) and information collected via cookies being made available to us. We will retain your information
for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide you
with services under Instaglam.
You agree that you shall take all steps necessary to protect your log in details and keep them secret.
You agree that you shall not give your log in details to anyone else or allow anyone else to use your log
in details or account. In these terms, references to “log in details” or “account” include your log in details
and account for any social network or platform that you may allow Instaglam to interact with. If you fail to
keep your login details secret, or if you share your login details or account with someone else (whether
intentionally or unintentionally), you accept full responsibility for the consequences of this and agree to
fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss
that you suffer as a result of an unauthorised person accessing your account and using Instaglam and we
accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently
3. Discontinuation or suspension of Instaglam or termination of use: We reserve the right at any
time and from time to time to modify or discontinue, temporarily or permanently, Instaglam (or any part
thereof) with or without notice. You agree that L’Oreal shall not be liable to you or any third party for
any such modification, suspension or discontinuance of Instaglam. In addition, we reserve the right to
terminate your access to Instaglam for any reason, and to take any other actions that L’Oreal, in its sole
discretion, believes to be in the interest of our company and of our users as a whole.
(a) L’Oreal holds all rights (subject to the rights of our licensors and licensees under applicable
agreements, understandings and arrangements) associated with Instaglam including all text,
photographs, graphics, logos, copyrights, trademarks, service marks, video and audio content contained
(b) By posting or submitting content on or to Instaglam you are giving us, and our affiliates, agents
and third party contractors the right to display or publish such content on Instaglam and its affiliated
publications (either in the form submitted or in the form of a derivative or adapted work), to store such
content, and to distribute such content and use such content for promotional and marketing purposes.
(c) You shall be solely responsible for your own submissions and the consequences of posting or
publishing them. In furtherance of the foregoing, you agree that you will not: (I) submit material that is
copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful
owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or
misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right
to remove or not publish submissions without prior notice. You understand that when you submit content
in any form to Instaglam we may authorize such content to be distributed or syndicated to or published on
other L’Oreal-branded environments.
5. Rights in case your copyright is infringed: If you are a copyright owner or agent thereof and believe
that any of our content infringes upon your copyright, please click email@example.com
6. Use of content is restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database,
display, perform, modify, create derivative works from, transmit or in any way exploit any part of Instaglam
or any content thereon unless you are a licensor/licensee under applicable agreements, understandings
and arrangements or a copyright holder under clause 2(a).
(b) Neither you nor any third party shall make use of the contents of Instaglam in any manner that
constitutes an infringement of our rights, including copyright or that has not been authorized by us.
7. Opinions expressed by content contributors: Opinions and other statements expressed by users
and third parties are theirs alone, not opinions of L’Oreal. Content created by third parties is the sole
responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.
You acknowledge that by providing you with the ability to view and distribute content through Instaglam,
L’Oreal is not undertaking any obligation or liability relating to the content. L’Oreal and its affiliates,
successors, assigns, employees, agents, directors, officers and shareholders do not undertake or
assume any duty to monitor Instaglam for inappropriate or unlawful content. L’Oreal and its affiliates,
successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility
or liability which may arise from the content thereof, including, but not limited to, claims for defamation,
libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity,
fraud, or misrepresentation. Notwithstanding the foregoing, L’Oreal reserves the right to block or remove
communications, postings or materials at any time in our sole discretion.
8. Indemnity for violation of Terms and Conditions: You agree to indemnify and hold harmless L’Oreal
and its affiliates, and their respective members, directors, officers, managers, employees, shareholders,
agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by
you of your representations and warranties hereunder. We reserve the right to take over the exclusive
defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you
shall provide us with such cooperation as is reasonably requested by us.
9. Disclaimers: (a) We do not warrant that Instaglam will be uninterrupted or error-free. There may be
delays, omissions, interruptions and inaccuracies in the information or other materials available through
Instaglam. We do not make any warranties, express or implied, including, without limitation, those of
merchantability and fitness for a particular purpose, with respect to Instaglam or any information or goods
that may be available or advertised or sold through Instaglam. We do not make any representations, nor
do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement
or other material or database displayed, uploaded or distributed on Instaglam. We reserve the right to
correct any errors or omissions on Instaglam. Although we intend to take reasonable steps to prevent
the introduction of viruses, worms, “trojan horses” or other destructive materials to Instaglam, we do not
guarantee or warrant that Instaglam does not contain such destructive features. We are not liable for
any damages or harm attributable to such features. If you rely on Instaglam and any materials available
through Instaglam, you do so solely at your own risk.
(b) Instaglam may contain various combinations of text, images, audiovisual productions, opinions,
statements, facts, articles or other information created by us or by third-parties . Due to the inherent
hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content.
Accordingly, such content, including is for your reference only and should not be relied upon by you for
any purpose.. Information created by third parties that you may access on Instaglam or through links is
not adopted or endorsed by us and remains the responsibility of such third parties.
(c) The information included in Instaglam is provided for general information only. It is not intended to
amount to, or offer, medical or specific advice on which you should rely in relation to the appropriateness
or the efficacy of any individual product. The information should not be seen as a replacement for a
consultation with a doctor or other healthcare or beauty professional and you must obtain professional
advice before taking, or refraining from taking, any action based on the content of our website.
10. Linked content: We are not responsible for the availability or content of any other services that
may be linked to Instaglam including but not limited to Youtube’s embedded player, Facebook software,
mobile operating software . Because we have no control over such services, you acknowledge and agree
that we are not responsible for the availability of such external services, and that we do not endorse and
are not responsible or liable for any content, accuracy, quality, advertising, products or other materials
on or available from such services. You further acknowledge and agree that we shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with the use of or reliance on any content, goods or services available on or through such services.
11. Social Network:
You expressly grant us the right to use the content uploaded by you (User Content) not only on Instaglam
but also on third party websites in particular on so-called “social networks”.
You acknowledge and agree that the use of these social networks is exclusively governed by the
terms and conditions set up by these social networks. Consequently you acknowledge and agree
that said terms and conditions are binding for us in our use of the content. Therefore we may not be
held responsible of any use by us or by a third party of the content in accordance with the terms and
conditions set out by the social networks and especially but without limitation, in terms of scope of rights,
of duration of rights and of deletion of the user content.
You shall be solely responsible for any third party claims relating to the use of the User Content in
accordance with the terms and conditions of the social networks.
Without prejudice to the above, you represent and warrant that you have obtained all the necessary
authorizations from all beneficiaries on the User Content regarding such use on the social network.
Finally, you acknowledge and agree (and you confirm that you have informed and obtained all the
beneficiaries agreements) that this Content could be subject to “viral” communication (word-of-mouth
communication) on these third party websites and that we will not be liable for any action in this regard.
12. Disclosure of certain information: You agree that in the event we receive an order or notice issued
by a court or from a government agency, we shall comply with such orders or notice without your consent
or prior notice to you and may disclose your, username, name, or other information in response thereto.
13. Limitation of Liability
To the fullest extent permitted by law, in no event shall L’Oreal, its officers, directors, employees, or
agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or
consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use
of Instaglam, (iii) any unauthorized access to or use of our secure servers and/or any and all personal
information and/or financial information stored therein, (iv) any interruption or cessation of transmission
to or from Instaglam, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or
through our services by any third party, and/or (v) any errors or omissions in any content or for any
incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without
limitation, lost revenues or profits, loss of business or loss of data, in any way related to Instaglam or
incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available
via Instaglam, whether based on warranty, contract, tort, or any other legal theory, and whether or not
L’Oreal is advised of the possibility of such damages.
YOU SPECIFICALLY ACKNOWLEDGE THAT L’OREAL SHALL NOT BE LIABLE FOR CONTENT OR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
14. Dispute: These terms and conditions are governed in accordance with the laws of India. Any dispute
shall be subject to the jurisdiction of courts in Mumbai, Maharashtra.
BY USING INSTAGLAM, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption
to each Section of these Terms and Conditions are for convenience of reference only and shall be
ignored in the construction or interpretation hereof.