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MARC JACOBS BEAUTY TERMS OF USE

Last Updated August 24, 2016

These are the terms of use ("Terms of Use") for your use of services or features on www.marcjacobsbeauty.com (the "Site"). This Site is operated by Kendo Holdings Inc., ("We" or "Us"), under license from Marc Jacobs International, LLC. This Site is not affiliated with any other website operated or controlled by Sephora USA, Inc., or any other website operated or controlled by Marc Jacobs International.

You may be accessing our Site from a computer, tablet or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using our interactive services on the Site, such as our Ratings & Reviews. We also like to interact with you on third party sites where we post content and invite your feedback or contributions, such as Facebook, Twitter, Instagram and YouTube ("Third Party Sites"). Finally, user generated content on Third Party Sites that uses a unique hashtag promoted by Our Site will be pulled through to and posted on our Site. For purposes of these Terms of Use, We call all of these various interactions our "Interactive Services" and these Terms of Use govern your use of these Interactive Services.

Our Terms of Use provide guidelines ("Guidelines") in connection with our Interactive Services, including services that involve Third Party Sites, but We do not control those Third Party Sites, and these Terms of Use and our Guidelines do not apply to companies that We do not own or control, or to the actions of people that We do not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Site, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines, whether or not you have read them. If you do not agree with any of these, you should not use our Site.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or Guidelines from time to time at any time, without notice, and in our sole discretion. If We decide to change these Terms of Use or our Guidelines, We will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use or Guidelines 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. For this reason, you should frequently review these Terms of Use and our Guidelines and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Us with respect to your use of the Site and supersede all previous agreements, understandings and representations relating thereto.

COPYRIGHT

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) 2015 Kendo Holdings Inc., ALL RIGHTS RESERVED and may be protected by other intellectual property rights. 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 or other intellectual property 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 to make purchases. 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 in each instance is strictly prohibited.

TRADEMARKS

Marcjacobsbeauty.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. Kendo Holdings Inc. disclaims any interest in the name "Marc Jacobs."

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 designated Copyright Agent for notice of claims of copyright infringement on this Site is our General Counsel of Kendo Holdings Inc., who can be reached as follows:

Kendo Holdings Inc.
Legal Department
425 Market Street, 19th Floor
San Francisco CA 94105
Phone: 1-877-737-4672
E-mail: copyright@kendobrands.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

PRODUCT INFORMATION

The products displayed on the Site can be ordered and delivered only within 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 other than Marc Jacobs Beauty products 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 or any comparable international agency. The statements and products are not intended to diagnose, treat, mitigate, 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 specialty beauty 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 EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Site, including any samples We may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, or to refuse to sell any products to you if you are acting as an unauthorized reseller, in each case as determined by Us in our sole discretion.

COLOR INFORMATION

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.

MOBILE SERVICES

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.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for all Content that you link to, post or otherwise transmit via or to the Site, through our Interactive Services or otherwise. "Content" includes (but is not limited to) all data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials posted by users to the Site and not originally created by Us.

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 may access the Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy 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. 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 Site.

YOUR CONTENT SUBMISSIONS

By using the Interactive Services, 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;

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 Us 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" and other non-assignable rights that you may have in such Content have been voluntarily waived by you in favor of Us and our successors and assigns 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.

You also represent and warrant that any Content you link or post to the Site:

  • 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;
  • Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
  • 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.

For any Content that you submit, you grant Us a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) and transferable non-exclusive right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly and/or digitally perform, create derivative works from and/or sell and/or distribute such Content (including to Sephora USA, Inc. or any of our other affiliates worldwide) and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to or prior approval by you. This license will survive the termination of these Terms of Use and your use of the Site.

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 information about others, including other users.

All submitted Content is read by our moderators and is subject to these Terms of Use. We reserve the right to not post or link an image or other Content or to withdraw a posted image or other linked Content for any reason. Your Content will be excluded if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.

We do not monitor, approve or have any control over Third Party Sites and the inclusion of links to 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 Site. We are not responsible for updating or reviewing Third Party Sites. You use Third Party Sites at your own risk. We encourage you to conduct your own research and due diligence into all Third Party Sites.

MODIFICATION OF CONTENT

All Content that you submit may be used or not used in any manner, in our sole discretion. We may or may not pre-screen Content. However, We and our designees will have the right (but not the obligation) in our sole discretion to pre-screen, change, edit, condense or delete any Content on the Site. In particular (but without limitation), We and our designees will have the right to remove any Content that We deem, in our sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. We do not guarantee that you will have any ability to edit or delete any Content you have submitted. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Us, 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 our part or on the part of our agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

RESERVATION OF RIGHTS

We reserve the right, at any time, without notice and in our sole discretion, to terminate your license to use the Interactive Services and the Site and to block or prevent your future access to and use of the Interactive Services and the Site. All provisions of these Terms of Use that expressly survive termination or that by their nature are intended to survive such termination (including disclaimers and limitations of liability), all disclaimers of representations, warranties and conditions, and all statements recognizing intellectual property rights shall survive termination. We may access, preserve and disclose Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests, or (v) protect the rights, property or personal safety of Us and our employees, our users and the public.

DISCLAIMER

WE ARE PROVIDING THE SITE, ITS CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE OPERATION OF THE SITE OR THE 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, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

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 INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Us (and our officers, directors, agents, parent, subsidiaries, joint ventures, employees and third-party service providers including Sephora USA, 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 and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (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 yourself or a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site and the Interactive Services.

APPLICABLE LAW

The Site and Interactive Services are created, controlled and operated by Kendo Holdings Inc. in the State of California, U.S.A. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. In the event that the laws of the jurisdiction in which you reside require that the laws of such jurisdiction apply to these Terms of Use, the foregoing governing law provision shall not apply to you. We reserve the right to make changes to our Site and these Terms of Use at any time.

OUR ADDRESS

Marc Jacobs Beauty
c/o Kendo Holdings Inc.
425 Market Street, 19th Floor
San Francisco, CA 94105

FRAUD PROTECTION PROGRAM

As part of Our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

GENERAL

Any claim or dispute between you and Us that arises in whole or in part from the Site or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. If the laws of the jurisdiction in which you reside require a venue located in such jurisdiction to hear all disputes arising under these Terms of Use, the foregoing venue selection provision shall not apply to you. 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 our 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 volonte expresse des parties que la presente convention ainsi que tous les documents y afferents soient rediges en anglais. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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