ACCEPTANCE OF TERMS AND CONDITIONS
You must conduct Yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, You may not, while using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User communication; alter, modify, frame, or "mirror" any Content; create a deep-link to our Site by by-passing our Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof). Pierre Fabre Dermo-Cosmetics, Inc. may take any action it reasonably deems necessary to cure or prevent any violation, including without limitation, the immediate removal from this Site of any alteration or modifications therein.
TRADEMARKS AND COPYRIGHTS
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of Pierre Fabre Dermo-Cosmetics, Inc. and its parent, affiliates, or other related parties. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of Pierre Fabre Dermo-Cosmetics, Inc. or such third-party owner(s).
As between Pierre Fabre Dermo-Cosmetics, Inc. and You, Pierre Fabre Dermo-Cosmetics, Inc. is the sole owner of all content on the Pierre Fabre Dermo-Cosmetics, Inc. sites, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on Pierre Fabre Dermo-Cosmetics, Inc. Sites ("Pierre Fabre Dermo-Cosmetics, Inc. Proprietary Material"). The compilation (meaning the collection, arrangement and assembly) of all Pierre Fabre Dermo-Cosmetics, Inc. Proprietary Material on the Pierre Fabre Dermo-Cosmetics, Inc. sites is the exclusive property of Pierre Fabre Dermo-Cosmetics, Inc. Contents of Pierre Fabre Dermo-Cosmetics, Inc. Sites are copyrighted under United States copyright laws.
Do not transmit or post to the Site any ideas, materials, suggestions, content or other information You would like to keep confidential or for which You wish to receive acknowledgement or compensation. Any and all material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content You transmit or post to the Site in any form and in any manner is and will be considered non-confidential, non-personal and non-proprietary to You or anyone else and may be disseminated or used by Pierre Fabre Dermo-Cosmetics, Inc. and/or its parent or affiliates for any purpose without (a) compensation to You or anyone else or (b) acknowledgement of You or anyone else as the source of same.
You hereby grant Pierre Fabre Dermo-Cosmetics, Inc. and its parent, affiliates and related parties a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use Your communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to You or any other party. Pierre Fabre Dermo-Cosmetics, Inc. shall have no obligations to monitor, use, return, review, or respond to any user communications. Pierre Fabre Dermo-Cosmetics, Inc. retains the right to remove any or all user communications that Pierre Fabre Dermo-Cosmetics, Inc. deems inappropriate or unacceptable.
AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT.
All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is Your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site. By placing an order, You represent that the products ordered will be used only in a lawful manner.
ACCURACY OF INFORMATION.
Pierre Fabre Dermo-Cosmetics, Inc. takes commercially reasonable efforts to ensure that information on this Site is complete, accurate and current. Despite such efforts , however, the information on this Site may be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. Pierre Fabre Dermo-Cosmetics, Inc. takes efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color You see will depend on Your computer system and we cannot guarantee that Your computer will accurately display such colors. Pierre Fabre Dermo-Cosmetics, Inc. makes no representation as to the completeness, accuracy or timeliness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of Pierre Fabre Dermo-Cosmetics, Inc. to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. Pierre Fabre Dermo-Cosmetics, Inc. reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Pierre Fabre Dermo-Cosmetics, Inc. also may require verification of information prior to the acceptance and/or shipment of any order.
COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION AND NON-PERSONALLY IDENTIFIABLE INFORMATION
When You visit Pierre Fabre Dermo-Cosmetics, Inc. Sites, You may be asked to provide personally identifiable information about Yourself ("PII") primarily for purposes such as i) registering on the Pierre Fabre Dermo-Cosmetics, Inc. Sites, ii) contacting Us about questions, inquires or concerns, or iii) providing the service or support for which Your PII was specifically requested. PII includes but is not limited to Your name, mailing address, e-mail address, postal address and telephone number. Providing PII to Pierre Fabre Dermo-Cosmetics, Inc. Sites is on a strictly voluntary basis, however, if You opt not to provide Pierre Fabre Dermo-Cosmetics, Inc. Sites with certain PII, You may be unable to participate in certain promotions or activities provided on the Site or receive product information or other offers.
Your PII will be held by Pierre Fabre Dermo-Cosmetics, Inc. for so long as is necessary for the purposes for which it was collected, for the settlement of any potential disputes which may be raised or otherwise in accordance with legal requirements. Additionally, You agree that Your PII may be shared with third parties and You acknowledge that such third parties may not be governed by the same policies as Pierre Fabre Dermo-Cosmetics, Inc. Sites.
In some cases, Pierre Fabre Dermo-Cosmetics, Inc. Sites may collect certain information about You that is not personally identifiable, such as Your age, mailing code, make-up preferences, product and information preferences, Site pages most frequently accessed, search terms entered, the type of Internet browser or computer operating system You are using and personal characteristics and other traits ("NPII"). We may also collect NPII about Your use of Pierre Fabre Dermo-Cosmetics, Inc. Sites and other Sites linked to Pierre Fabre Dermo-Cosmetics, Inc. Sites, such as the domain name of the Website from which You linked to the Pierre Fabre Dermo-Cosmetics, Inc. Sites. We may use NPII to help administer the Pierre Fabre Dermo-Cosmetics, Inc. Sites and to provide information about the Sites to potential business partners and other unaffiliated entities. We reserve the right to share, sell or trade aggregated NPII with third parties. NPII does not identify You individually.
USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION/SHARING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
When You register on Pierre Fabre Dermo-Cosmetics, Inc. Sites, You may be asked to provide PII. This allows the Pierre Fabre Dermo-Cosmetics, Inc. Sites to maintain a user profile of each user so that We may customize preferences for each specific user, provide a faster method for Web visitors to submit information to Pierre Fabre Dermo-Cosmetics, Inc. (and receive information back from Pierre Fabre Dermo-Cosmetics, Inc.), notify users about important functionality changes to the Pierre Fabre Dermo-Cosmetics, Inc. Sites and about new products and services offered by Pierre Fabre Dermo-Cosmetics, Inc. and special offers that we believe users will find to be valuable, as well as generally allow us to better know our users and possibly tailor any specific features, promotions or other notifications to them. In addition, You may be asked to submit Your PII when contacting us about questions, inquires or concerns or to provide services or support. When You provide PII on Pierre Fabre Dermo-Cosmetics, Inc. Sites, Pierre Fabre Dermo-Cosmetics, Inc. may store, process and use Your PII in order to carry out the purpose for which such information was provided, enhance Your experience on the Pierre Fabre Dermo-Cosmetics, Inc. Sites (including tailoring it to Your preferences), and for the general promotion, marketing, and advertising activities related to the products and services that Pierre Fabre Dermo-Cosmetics, Inc. makes available from time to time.
Pierre Fabre Dermo-Cosmetics, Inc. may also enhance or merge Your PII with data obtained from third parties, such as information provided by a co-sponsor of a particular promotion, which Pierre Fabre Dermo-Cosmetics, Inc. may then use for marketing and advertising activities. Certain services available on the Pierre Fabre Dermo-Cosmetics, Inc. Sites may be provided by third parties, including without limitation, sub-contractors, authorized vendors, and fulfillment companies, and Pierre Fabre Dermo-Cosmetics, Inc. may provide Your PII to such third parties in order to deliver the requested service to You. Pierre Fabre Dermo-Cosmetics, Inc. may also share Your PII with third party service providers, such as data processors, companies who send emails on our behalf, customer support specialists, Web hosting companies, etc. These third party service providers are not authorized to retain, share, store or use Your PII for any purposes other than to provide the services for which they have been hired to provide. Pierre Fabre Dermo-Cosmetics, Inc. also reserves the right share, transfer or otherwise disclose Your PII with trusted third parties that Pierre Fabre Dermo-Cosmetics, Inc. believes may be able to provide You with valuable offers. If You would rather us not share Your PII with the any third party for their such third parties' direct marketing purposes, please do not submit information to the Pierre Fabre Dermo-Cosmetics, Inc. Sites. In addition, You agree that Pierre Fabre Dermo-Cosmetics, Inc. may transfer, sell, assign or otherwise dispose of or encumber PII to third parties in connection with the sale, merger, consolidation, change in control, transfer of all or substantially of the assets, bankruptcy, reorganization or liquidation of Pierre Fabre Dermo-Cosmetics, Inc. In such case, You would not be entitled to any compensation arising from any such transfer, sale, assignment, disposition or encumbrance of Your PII. Finally, Pierre Fabre Dermo-Cosmetics, Inc. may disclose PII when required to do so under applicable law, including but not limited to comply with a legal requirement, judicial proceeding court order or legal process served on us; to investigate a possible crime, such as fraud or identity theft; or when we believe it is appropriate to do so to protect the rights, property, or safety of Pierre Fabre Dermo-Cosmetics, Inc. or other persons.
COOKIES COLLECTION AND USE OF IP ADDRESSES
We may also use a technology known as "cookies" (or any other technology now existing or hereafter developed providing similar tracking benefits to Pierre Fabre Dermo-Cosmetics, Inc.) to help You travel through the Pierre Fabre Dermo-Cosmetics, Inc. Sites and other Web sites linked to the Pierre Fabre Dermo-Cosmetics, Inc. sites more easily and to help us understand how You and others use the Pierre Fabre Dermo-Cosmetics, Inc. sites and other websites linked to the Pierre Fabre Dermo-Cosmetics, Inc. sites. Parts of the Pierre Fabre Dermo-Cosmetics, Inc. Sites may not function if You do not have cookies enabled. To enable or disable cookies on Your browser, please consult Your browser documentation or contact Your software provider.
This website may include links to other websites. You enter linked websites at Your own risk. Pierre Fabre Dermo-Cosmetics, Inc. is not responsible for the content of such websites or any link contained in a linked website and does not endorse any linked website. Pierre Fabre Dermo-Cosmetics, Inc. is not responsible or liable for any products, services, or content on or available from such websites. Pierre Fabre Dermo-Cosmetics, Inc. 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 use of or reliance on any such products, services or content available on such external websites.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Your PII, we cannot guarantee its absolute security and any transmission is at Your own risk. You expressly agree that use of this website is at Your own risk. Pierre Fabre Dermo-Cosmetics, Inc. expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pierre Fabre Dermo-Cosmetics, Inc. does not make any warranty as to the results that may be obtained from the use of the products, services, and information, or as to the accuracy or reliability of any products, services and information obtained through its Sites. It is solely Your responsibility to evaluate the quality and merchantability of all products, services, and information provided through its Sites.
LIMITATION OF LIABILITY BY UTILIZING THE SITE YOU ACKNOWLEDGE AND AGREE THAT THAT PIERRE FABRE DERMO-COSMETICS, INC. DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF, ACCESS TO, OR USE OF ANY FEATURES OR CONTENT. IN NO EVENT WILL PIERRE FABRE DERMO-COSMETICS, INC. BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
YOUR CONTINUED USE OF PIERRE FABRE DERMO-COSMETICS, INC. SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS MEANS YOU ACCEPT THE CHANGES.
iThe California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties' direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year.
Updated October 2014