1. Designer company of the online pedagogical tool

L’OREAL, joint stock company with share capital of Euros 127.913.682, located at 14 rue Royale – 75008 Paris, registered in Paris under number 632 012 100, acting for its L’Oréal Produits Professionnels division (hereinafter referred to as "L’Oréal Produits Professionnels"), offers a pedagogical online tool, with no obligation to buy, called "Hair be 12" (hereinafter referred to as "Hair be 12"), available on an Internet site accessible at the following URL address: www.hair-be12.com (hereinafter referred to as the “Site”).



Hosting : BT France



Immeuble Jean Monnet – 11 place des Vosges – 92061 Paris La Défense Cedex – Phone number : +33 (0)1 4667 2800 – RCS Nanterre 394 999 577



2. Hair be 12: an innovative concept

L’Oréal Produits Professionnel offers a new concept of an online pedagogical tool based on the virtual modelling of a hair salon business. Hair be12 is a strictly pedagogical tool whose running was regularly tested before being put on line on the Site. In any case, it shall not give rise to the award of any prize or gain of any kind.



L’Oréal Produits Professionnels is breaking new ground by offering an immersion pedagogical course based on new on-line technologies and thanks to which it is possible to :



- Change the behaviour of colleagues in hair salons ;

- Imitate the work environment of the salon in two dimensions to put pedagogical contents in real-life situation ;

- Introduce new merchandising techniques ;

- Simulate services provided in a hair salon ;

- Enhance different issues such as customer relations, marketing loyalty, etc ;

- Smoothly acquire an in-depth, comprehensive and rich experience of the hairdressing profession.



3. Users

Hair be 12 is open to any person in the hairdressing profession (i.e. hair salons and hairdressing schools), partners of brands distributed by L’Oréal Produits Professionnels (hereinafter referred to as "Users"), to the exclusion of any other person.



Persons who do not fulfil these conditions shall under no circumstances use this on-line pedagogical tool. In any case, the following persons shall not have access to Hair be 12:



• L’Oréal Produits Professionnels management and employees,

• Persons having collaborated on the organization and the development of Hair be 12,

• members of their respective families (the term "family" is here understood as the persons living under the same roof)



Any participation that does not fulfil the conditions of this article shall be considered null and void.



4. Purpose of Hair be 12

Hair be 12 simulates the daily life of a hairdressing salon. It is made of:

- Twelve (12) episodes, knowing that each of these twelve episodes corresponds to a month of the year and reflects its characteristics. For instance, the December busy period around the end of year holidays will be the main theme of this episode ;
- Each episode is divided into twelve (12) tests ;
- An episode lasts at least twelve (12) minutes ;

4.1 Goal of Hair be 12 :

The main goal of this on-line pedagogical tool is to increase the virtual sales of the salon as well as the level of the five following skills which are usually required in a hair salon developed by Hair be 12 : customer relations, consultation, customer loyalty, booking, health/safety. The idea is also to assess its impact on the virtual sales of the salon.

4.2 Means used :

An assessment of the level of Users in each of the skills used in Hair Be 12 and required in the hairdressing profession is made to gauge to what extent the final goal of the tool as defined in the above article 4.1 is reached. Therefore, the level of Users is assessed through a series of tests which get increasingly complicated as they advance in the tests and episodes of Hair be 12.

At the end of each episode, Users are ranked in one of the three following categories :

- "Junior", - "Challenger" or - "Star".

This ranking depends on the results obtained by Users in terms of :

- The level of skills acquired for each tested field throughout the twelve (12) tests (Customer relations, Consultation, Customer loyalty, Health / Safety and Booking) - Virtual sales made over the episode and the previous ones.



5. Terms of Use

As an online pedagogical tool, Hair Be 12 shall solely be used by connecting to the Site, to the exclusion of any other means.



In this respect, Users are informed and accept that the information supplied by them in the participation form acts as proof of their identity. The information supplied by the User is confirmed as soon as they submit it.



Users undertake to fill out the participation form in all good faith and to provide L’Oréal Produits Professionnels with correct information.



6. General rules governing the use of the on-line pedagogical tool Hair be 12

As an introduction, it is made clear that these general rules on the use of Hair Be 12 may be added to, modified and/or replaced by supplementary provisions, at the discretion of L’Oréal Produits Professionnels and/or its brands. L’Oréal Produits Professionnel undertakes to inform Users of any modification of these rules and to inform them on all supplementary provisions governing the use of Hair be 12.

a. Registration
Hair be 12 can be accessed on the Site, at the following URL address: www.hair-be12.com. The use of Hair be 12 according to the Terms of Use set forth is exclusively intended for Users identified in article 3 above, who will have been given before hand the login IDs and access codes necessary, in accordance with the stipulations below.

However, L’Oréal Produits Professionnels shall give anyone accessing the Site the possibility to discover Hair be 12, completely free of charge and without restriction, through a session of two "test" episodes.

At the end of these two "test" episodes, the persons fulfilling the conditions pursuant to article 3 of these general rules shall have the possibility to seek the transmission of the logins and passwords necessary for a comprehensive use of Hair be 12. Users shall be responsible for these logins and passwords once they are given by L’Oréal Produits Professionnels.

L’Oréal Produits Professionnels and/or its brands shall be free to revoke access permission to the Site and to Hair be 12 at any time by blocking accessible data, without being obliged to give any motive for it, especially if Users :

- Have given incorrect information when registering ;
- Have infringed the rules governing the use of the Site and/or Hair be 12 ;
- Have contravened applicable Law when accessing and/or using the Site and/or using Hair be 12,

When getting to the Site :

- Users must choose a language among the following : French, English, Spanish ;
- Users enter their login and password which will be given by the confidential card. These codes shall ONLY be valid for two (2) games.
- Once the login and password are in, participants must register by giving the following information :
- First name,
- Surname,
- Email,
- Birthday,
- Mobile phone,
- Status.

b. Choice of the salon
Once registered in accordance with the above-mentioned terms, each User can choose one out of three virtual salon styles in which he/she wishes to progress :

- Zen,
- Smart
- Entertaining

All tests in each Hair be 12 episode shall then take place in the salon selected ; it shall not be possible to change the style of the salon during the course of the episode.

c. Character shaping
Users must also create their character and can for this purpose follow instructions given directly on-line as they create their character.

Users are free to choose the profile they want for their character : man or woman, blond, dark-haired, red-haired, wearing a skirt or trousers...

Users can modify the hairstyle and the look of their character if they wish to, at the beginning of each episode.

d. The well-being shop
Before starting the adventure, and before starting each episode, Users will be able to "get a good dose of energy" by dropping into the virtual "well-being" shop in which they will have access to different activities.



Users will thus be able to virtually choose to have a cup of coffee, read a magazine, take vitamins, go to the movies or get a relaxing massage... In any case, Users will have direct on-line access to the instructions necessary to carry out these activities.

e. The game
Each episode is made of twelve (12) different tests that can take the form of :

- Multiple or simple choice quiz ; - True / False questions - Two (2) completely animated bonus games, being clear that the points won during bonus games can then be spent in the virtual "well-being shop" above-described.

At the end of each episode, Users have access to their results, namely :

- Sales reached during the episode : is this figure close or far from the one set at the beginning of the simulation ?
- Ranking : what kind of hairdresser is he/she : Star ? Challenger ? Junior ?
- Assessment of skills : in each field tested with the tool Hair be 12, is his/her level constant, improving or going down ?

At the end of each episode, participants will also have access to all generic answers (or general lessons) for the twelve (12) tests taken.

f. From one episode to the next :
Three possibilities can be considered :

Situation A : The User finishes the episode :

- She/he cannot start the episode over again in the session in progress before having finished all the remaining episodes of the test.

Situation B : The User stops an episode in progress :

- When reconnecting and resuming the game in accordance with the terms set forth, the User will be free to resume his/her episode at the test following the last test submitted. However, he/she cannot come back on the previous tests that have been submitted.

Situation C : Moving to the next step

- It will not be possible for the User to go on to the next test before having finished and submitted the twelve (12) episodes of the test in progress.

- In any case, the User will also have to respect the chronological order of the episodes.

7. Personal identifying information

The personal information of Users collected while implementing Hair be 12 shall be subjected to automatic processing and shall indicate the final use as well as the recipients or category of recipients of the data. L’Oréal Produits Professionnels undertakes not to disclose any personal data given by Users when using Hair be 12.



In other respects, provided it obtains the express and prior consent of Users when collecting data, L'Oréal Produits Professionnels shall be free to send mailings via E-mail to Users.



Furthermore, provided it obtains the express and prior consent of Users during data collection, L’Oréal Produits Professionnels shall be authorized to transfer data concerning its users to its partners.



According to the provisions of the modified bill 78-17 of 6 January 1978 on data processing, files and freedoms, Users are legally entitled to access, modify, rectify and delete personal data collected while using the on-line pedagogical tool Hair be 12. All Users shall be free to exercise this recognized right by requesting it in writing to :



L’Oréal Produits Professionnels

14 rue Royale

75008 Paris

France


8. Liability

L’Oréal Produits Professionnels declares that, considering the characteristics of the Internet network, such as the free acquisition of information put on-line and the difficulty if not the impossibility to monitor the possible use made by third parties, it shall not be held liable for any misuse of this information.



L’Oréal Produits Professionnel accepts no responsibility in case of failures linked to the use of equipments and/or phone lines by Users, access to the Internet network, or any other incident for reasons outside its control and that may prevent access to the Site and to the tool Hair be 12. Moreover, it shall in no event be held liable if problems of delivery or loss of E-mails arise.



L’Oréal Produits Professionnels accepts no responsibility in case of technical failure, faulty equipment or software, whatever the reason (virus, bug...) caused when starting Hair be 12 on User’s systems, affecting their computing equipment and the data stored. L’Oréal Produits Professionnels shall not be liable for the consequences this may have on Users’ personal, professional or trade activities.



L’Oréal Produits Professionnels shall not be held liable if in case of absolute necessity or events outside its control (such as technical problems, computer abuse, hacking...) and which disturb the organization and the running of the on-line pedagogical tool Hair be 12 it has to shorten, extend, postpone, modify or cancel the on-line pedagogical tool Hair be 12. Here, a case of absolute necessity encompasses any unpredictable, irresistible and external event defined as such by the French Court of Cassation.



In such circumstances, L’Oréal Produits Professionnel shall set up reasonable technical means to give Users information on the Site.



L’Oréal Produits Professionnels shall make reasonable efforts to make it possible to access the on-line pedagogical tool Hair be 12 on the Site, at any time, without however being obliged to reach this goal. L’Oréal Produits Professionnels shall be free to interrupt access to the Site and to the pedagogical on-line tool pertaining to it at any time, especially for technical, updating or maintenance reasons. L’Oréal Produits Professionnel shall in no event be held liable for these interruptions and their consequences. No compensation shall be claimed on this account.



In any case, L’Oréal Produits Professionnels reserves the right to shorten, extend, modify or cancel the on-line pedagogical tool if need be, among others in case of absolute necessity. It shall hence not be held liable for doing so.


9. Property rights linked to the Site and to Hair be 12

Hair be 12 is an intellectual work protected by intellectual property law. All property rights, including intellectual property rights, are copyrighted. Hair Be 12 and all related elements (such as brands, logos, pictures, images, illustrations, texts, video clips...) shall remain the sole property of L’Oréal Produits Professionnels.

As a result, except with formal and prior written permission from L’Oréal Produits Professionnels, reproduction, and more generally, any use in full or in part of Hair Be 12, logos or other distinguishing L’Oréal Produits Professionnels features and/or its brands, for purposes other than the ones set forth and/or authorized by the intellectual property Code in the context of and individual and private consultation, are prohibited. They may be punishable by law and considered forgery, as set out in the above Code.

In any case, L’Oréal Produits Professionnels reserves the right to modify the on-line pedagogical tool and/or the rules governing it.



10. Compliance with the rules

Using the on-line pedagogical tool Hair Be 12 entails having an honest attitude, i.e. complying fully with the rules that apply to it and respecting the rights of other users.



Users shall refrain from bringing into play or seeking to bring into play any work or use process which does not strictly comply with the principles governing the use of the on-line pedagogical tool Hair be 12 and the rules set forth.

11. Applicable law and dispute settlement

The rules set forth are governed by French law.

Any dispute arising from the validity, interpretation and/or implementation of the rules set forth shall fall under the sole jurisdiction of the Paris Courts.