LAST UPDATED OCTOBER 3, 2013
We also like to interact with you on third party sites where we post content or invite your feedback such as Facebook, Twitter, Pinterest, Instagram and YouTube ("Third Party Sites").
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright (c) 2013 Kendo Holdings Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Kendo Holdings Inc. and is protected by U.S. and international copyright laws. All software used on the Site is the property of Kendo Holdings Inc. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of using the Interactive Services or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without our prior written permission is strictly prohibited.
Formula X, FormulaX.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Kendo Holdings Inc. and may not be used in connection with any product or service that is not offered by Us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1988 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to such material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
To send a notice or a counter-notice, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and of where the allegedly infringing material is located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent or applicable law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 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.
Our DMCA designated Copyright Agent for notice of claims of copyright infringement on this Site is Eric J. Baysinger, the General Counsel of Sephora USA, Inc. (our parent company), who can be reached as follows:
Sephora USA, Inc.
525 Market Street, 11th Floor,
San Francisco CA 94105
We suggest that you consult your legal advisor before filing a notice or counter-notice.
The products displayed on the Site can be ordered and delivered only within the U.S. and Canada through www.sephora.com or in Sephora retail stores in the U.S. and Canada and select international locations. Any prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from Us it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.
All material and information presented by Us are intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online resource for our unique line of nail products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. We do not represent ourselves as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
While We have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all content that you upload, submit, link to, designate, post, email or otherwise transmit via or to the Site, through our Interactive Services or otherwise, including all data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content").
YOUR USE OF CONTENT ON THE SITE AND LIMITATION OF LIABILITY
We provide the Site and the Interactive Services and all other applications and services on the Site as a forum only. We are not liable for any statements, representations, or Content provided by users in any public forum on the Site or any Third Party Site, including without limitation through the Interactive Services. 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 through the Interactive Services, is not controlled by Us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and We 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 We 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 or through the Interactive Services.
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. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. We reserve all rights not expressly granted in and to the Content.
YOUR CONTENT SUBMISSIONS
By submitting Content to Us, you represent and warrant that:
You understand you are participating in a public forum and that your Content will be available to all other users of the Site, the Interactive Services and potentially Third Party Sites;
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 also represent and warrant that any Content you submit:
- Is not false, inaccurate or misleading;
- Does not harm minors;
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligations you may have with respect to such Content 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);
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Is not, or would not 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;
- Is not submitted for compensation or other consideration from any third party; and does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
We do not endorse any Content or any opinion, recommendation or advice expressed therein, and We disclaim all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Us through the Interactive Services, (a) such Content is not confidential or proprietary and We have no obligation of confidentiality, express or implied, with respect thereto; (b) We may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Us under any circumstances unless you are otherwise notified by Us in writing.
GUIDELINES FOR INTERACTIVE SERVICES
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any representative of our company, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
THIRD PARTY CONTENT AND THIRD PARTY SITES
We may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. We allow you to use Social Sign-In from Third Party Sites. We do not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Us through the Interactive Services, do not necessarily reflect our views. We encourage you to conduct your own research and due diligence into all Third Party Sites.
If you access the Site via your mobile phone or tablet device, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as data charges, will still apply.
MODIFICATION OF CONTENT
RESERVATION OF RIGHTS
WE ARE PROVIDING THE SITE, ITS CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Kendo Holdings Inc.
525 Market Street, 32nd Floor
San Francisco, CA 94105