Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to SoftSheen-Carson's other remedies.
1. USE OF THE SITE BY YOU:
a. Your right to use the Site is personal to you. You may not authorize others to use the Site, and you are responsible for all use of the Site by you and by those you allow to use, or provide access to, the Site.
b. The Site is not intended for users under the age of 13, and SoftSheen-Carson does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted or retained by us.
c. You agree not to use any obscene, indecent, or offensive language or to place on the Site any material that is defamatory, abusive, harassing, inflammatory or hateful. You agree not to place on the Site any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
d. You are responsible for ensuring that any material you provide to the Site or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information.
f. You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
g. Other than connecting to SoftSheen-Carson's servers by http requests using a Web browser, you may not gain access to SoftSheen-Carson's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
h. You acknowledge that SoftSheen-Carson has not reviewed and does not endorse the content of any sites linked to this Site and is not responsible for the content or actions of any other sites linked to this Site. Your linking to any service or site is at your sole risk.
4. SUBMISSIONS. By posting or submitting content to this Site, you grant SoftSheen-Carson and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by SoftSheen-Carson and its affiliates and licensees will not infringe or violate the rights of any third party.
If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of SoftSheen-Carson. None of the Submissions shall be subject to any obligation of confidence on the part of SoftSheen-Carson, and SoftSheen-Carson shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SoftSheen-Carson shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
5. COPYRIGHT AND COPYRIGHT NOTICES. SoftSheen-Carson respects the intellectual property of others, and we require users to do the same. SoftSheen-Carson may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the intellectual property rights of others, in addition to SoftSheen-Carson's. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SoftSheen-Carson's Copyright Agent the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your name, address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
SoftSheen-Carson's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
L'Oréal USA, Inc.
575 Fifth Avenue
New York, NY 10017
By fax: (212) 984-4946
6. FORUMS. This Site may include links to bulletin boards and chat rooms ("Forums"). Although SoftSheen-Carson has the right to monitor communications made in, to, and by means of the Forums, including the right to edit, refuse to post, or to remove any information or materials posted to the Forums, which in SoftSheen-Carson's sole discretion are objectionable or in violation of the terms and conditions set forth below, SoftSheen-Carson assumes no responsibility to do so and is not responsible for the content of any messages or information posted by users or other third parties to the Forums. SoftSheen-Carson reserves the right at all times to disclose any information or materials posted to the Forums necessary to satisfy any law, regulation or governmental request.
It is a condition of your use of the Forums and this Site that you do not: a. Restrict or inhibit any other user from using and enjoying the Forums; b. Post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability; c. Post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right; d. Post or transmit any material containing software viruses or similar disabling devices; or e. Post or transmit any unsolicited advertising.
7. LINKS. SoftSheen-Carson may provide, or third parties may provide, links to other World Wide Web sites or resources. SoftSheen-Carson has no control over or responsibility for such sites and resources. You acknowledge and agree that SoftSheen-Carson is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SoftSheen-Carson shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS," AND SoftSheen-Carson AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS (THE "COMPANY ENTITIES") HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTIBILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. THE COMPANY ENTITIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. THE COMPANY ENTITIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE COMPANY ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
10. TERMINATION AND MODIFICATION. SoftSheen-Carson has the right to terminate your ability to access the Site for any reason, without notice. SoftSheen-Carson has the right to discontinue, change, suspend or restrict access to the Site or any portion of the Site at any time without liability to you or any third party.
12. HEALTH DISCLAIMER. The content of the Site is provided to you to broaden your understanding and knowledge of health, beauty and fitness topics ("Health Materials"). This information should not be considered to be exhaustive of a particular topic, and should never be used in place of a visit or call to, consultation with or advice from your physician or other health care provider. SoftSheen-Carson strongly recommends that you consult a health care professional prior to using any information or advice contained on the Site that sets forth, illustrates, or suggests a particular diet, fitness program, workout regimen or activity. SoftSheen-Carson does not recommend the self-management of health problems because of advice or recommendations contained on the Site or otherwise. Never disregard medical advice or delay in seeking it because of something you have read on the Site. SoftSheen-Carson does not assume and expressly disclaims any liability for injuries that may occur in connection with any information contained on the Site, regardless of whether a doctor was consulted.
The "diagnostic" tools available on the Site are simple simulations, intended to provide cosmetological recommendations on a purely advisory basis. We do not under any circumstances guarantee your satisfaction concerning the use of these tools or the final result and we do not assume any responsibility relative to the use of this advice.
a. Applicability of Materials Provided. The health-related materials provided on this Site (including links to information provided by other Web sites) are to be used for informational purposes only. The Health Materials are NOT to be used as a substitute for seeking professional medical diagnosis, treatment and care. The applicability of any Health Materials may vary depending on your actual medical condition or that of a third party. b. NO DOCTOR-PATIENT RELATIONSHIP CREATED. NEITHER YOU NOR ANY OTHER PARTY HAS BECOME A PATIENT OF ANY INDIVIDUAL OR ENTITY PROVIDING HEALTH MATERIALS BY MEANS OF THIS SITE OR ANY LINK FROM THIS SITE. YOU OR SUCH OTHER PARTY MUST CONSULT A HEALTH CARE PROFESSIONAL FOR A COMPLETE DIAGNOSIS, TREATMENT AND/OR CARE. c. NO WARRANTY OR LIABILITY. THE COMPANY ENTITIES EXPLICITLY DISCLAIM AND EXCLUDE ALL WARRANTIES REGARDING THE HEALTH MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OR REPRESENTATION IS MADE AS TO THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY OF THE HEALTH MATERIALS. USERS OF THIS SITE ASSUME ALL RISKS ASSOCIATED WITH THE USE OF ANY OF THE HEALTH MATERIALS, AND THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ASSOCIATED WITH SUCH USE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. No Endorsement. Any health-related products or medications referred to herein are provided for informational purposes only and not by way of endorsement, recommendation, or approval by SoftSheen-Carson.
Copyright © 2007 L'Oréal USA, Inc. All trademarks registered. All rights reserved.