We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
Review of Submissions
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
Our Right to Use User Content
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
This site may offer you the opportunity to subscribe to auto-refill your purchase. Your subscription will continue until you cancel it. A recurring charge (in the amount of the product selected for auto replenishment) will be automatically charged to your credit card each time the order ships. The shipment schedule will follow the frequency you requested when you selected the product. There is no minimum term of the subscription and no minimum purchase obligation.
Orders, Prohibition on Reselling
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All orders shipped are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You may not purchase any item from this site for resale by you or any other person. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Dermablend or by other parties that have provided rights thereto to Dermablend.
Claims Regarding Copyright Infringement
Dermablend respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your 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; and
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above, your DMCA notification may not be effective. Our designated Copyright Agent to receive notifications of claimed infringement is:
11910 Parklawn Drive, Suite P
Rockville, MD 20852
After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, will act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request.
This notification process does not limit Dermablend's ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.
It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights.
We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer.
Third Party Websites and Links
You may be able to link to third party Websites, services or resources on the Internet from the Site, and third-party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Third Party Merchants
The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
This Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
You may be invited or asked to attend events we sponsor, or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk.
1-on-1 Video Consultation Services
This site may allow you to use a video consultation feature either with automated tools, a live consultation with a beauty advisor, or both. By using the service, you agree to allow to activate your camera to connect automated tools, live consultation with a beauty advisor, or both. A video consultation is a live experience and will not be recorded.
When participating in a live consultation with a beauty advisor, the beauty advisor can answer your questions, recommend products, and, where available, allow you to virtually try products during the live consultation. You will be able to see the recommend products during the experience, and you can shop and buy products after the video consultation has ended. To help us in providing you with the best experience and advice, the beauty advisor is informed about the page you were consulting when you connected to this service.
Use of Software
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
Governing Law; General Information
We control and operate the Site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
By using this Site, you agree that Dermablend or one of its affiliates at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.
Please feel free to contact us via one of the methods described on our Contact Us page. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.