RATINGS & REVIEWS and QUESTION & ANSWER TERMS OF USE
Effective 8/1/2008, Last Modified 8/1/2008
1. ACCEPTANCE
A. These terms of use ("Terms of Use") govern your conduct associated with the Ratings & Reviews service (the "RR Service") and the Question & Answer service (the "Q&A Service") offered by Sephora USA, Inc. ("Sephora") on its website, www.sephora.com (the "Site"). To the extent of any conflict between these Terms of Use and either Sephora's Privacy Policy (available at www.sephora.com/includes/privacy_policy.jhtml) or the general Terms of Use for sephora.com (located at www.sephora.com/includes/legal_notice.jhtml) (the "Sephora.com Terms of Use"), these Terms of Use shall control with respect to the RR Service and the Q&A Service. By using or accessing the RR Service or the Q&A Service, you signify your agreement to these Terms of Use, the Sephora.com Terms of Use, the Privacy Policy and any guidelines ("Guidelines") and rules and regulations ("Rules") posted on the Site in connection with the RR Service and the Q&A Service, whether or not you have read them. If you do not agree to any of these, you must not use the RR Service or the Q&A Service.
B. Sephora reserves the right to change or modify any of the terms and conditions contained in these Terms of Use from time to time at any time, without notice, and in its sole discretion. If Sephora decides to change these Terms of Use, Sephora will post a new version on the Site and update the effective date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. You should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the RR Service, the Q&A Service and the Site.
2. RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, the RR Service and the Q&A Service, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content").
3. YOUR USE OF CONTENT ON SITE AND LIMITATION OF LIABILITY
A. Sephora, as a provider of interactive services, provides the RR Service, the Q&A Service, the Site and the applications and services therein as a forum only. Sephora is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any third-party site, including without limitation in the RR Service or the Q&A Service. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any third-party site, including the RR Service and the Q&A Service, is not controlled by Sephora. Sephora cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the RR Service or the Q&A Service, you may be exposed to Content that may be offensive, indecent or objectionable and Sephora shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Sephora be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site, the RR Service or the Q&A Service.
B. You may access the Content and any other content on the Site only as permitted under these Terms of Use, the Privacy Policy and the Sephora.com Terms of Use and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. Sephora reserves all rights not expressly granted in and to the Content.
4. YOUR CONTENT SUBMISSIONS
A. By submitting any Content to Sephora, you represent and warrant that:
* you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Sephora to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);
* all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
* all Content that you post is accurate;
* you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use ; and that
* use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
B. You further represent and warrant that you shall not submit any Content:
* that is false, inaccurate or misleading;
* with respect to the RR Service, that is not relevant to the product being reviewed and with respect to the Q&A Service, that is not relevant to the product about which the question or answer is submitted;
* that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
* that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
* that is, or may reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
* for which you were compensated or granted any consideration by any third party;
* that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
* that is contrary to these Terms of Use, the Sephora.com Terms of Use, Sephora's Privacy Policy, the Guidelines or the Rules;
* that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
* that contains any computer viruses, worms or other potentially damaging computer programs or files.
C. Sephora does not endorse any Content or any opinion, recommendation or advice expressed therein, and Sephora disclaims all liability with respect to the Content.
D. For any Content that you submit, you grant Sephora a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, display, perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.
5. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Sephora (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.
6. TERMINATION
A. All Content that you submit may be used at Sephora's sole discretion. Sephora reserves the right to change, condense or delete any Content on the Site that Sephora deems, in its sole discretion, to violate the Content Guidelines or any other provision of these Terms of Use. Sephora does not guarantee that you will have any recourse through Sephora to edit or delete any Content you have submitted. Sephora reserves the right to incorporate any Content you have submitted into any Beauty Insider account you may have, now or in the future. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Sephora reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Sephora, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Sephora, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
B. Sephora reserves the right, without notice and in its sole discretion, to terminate your license to use the RR Service, the Q&A Service and the Site and to block or prevent future access to and use of the RR Service, the Q&A Service and the Site. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
7. DMCA
If you believe your work or content has been copied and posted to the Site, the RR Service or the Q&A Service in a way that constitutes copyright infringement, please provide Sephora's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
" An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
" A description of the copyrighted work that you claim has been infringed upon;
" A description of where the material that you claim is infringing is located on the Site;
" A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
" Your name, address, telephone number and email address (if available); and
" A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Sephora's DMCA designated copyright agent for notice of claims of copyright infringement on the Site is our General Counsel, Eric Baysinger, who can be reached as follows:
Sephora USA, Inc.
Legal Department
525 Market Street, 11th Floor
San Francisco, CA 94105
E-mail: copyright@sephora.com
1-877-737-4672
8. PRIVACY
By submitting your email address in connection with your rating and review and/or your question or answer, you agree that Sephora and its third-party service providers may use your email address to contact you about the status of your review, question or answer (as applicable), for other administrative purposes and for any other purpose permitted or required by law. As noted above, Sephora's Privacy Policy provides further detail on the manner in which Sephora may collect and use personally identifiable information about you, including any information you supply in connection with the RR Service and the Q&A Service.
9. GENERAL
You agree that the Site shall be deemed solely based in California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Sephora that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Sephora's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND SEPHORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SEPHORA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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