or features on the sites owned and controlled by Bluemercury, Inc. ("Bluemercury"),
including but not limited to www.bluemercury.com (the "Sites"). We
may add additional Sites from time to time as we expand our beauty offerings
accessing our Sites from a computer or mobile phone device (through a
our Sites and your conduct, regardless of the means of access. You may be using
our interactive services ("Interactive Services"), such as our product
Ratings & Reviews and Beauty Junkie Profile functionality, and these Terms of
Use govern your use of those Interactive Services.
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/bluemercury, www.twitter.com/beautyceo, www.twitter.com/bluemercury, www.bluemercury.com/blog and http://www.youtube.com/bluemercuryinc
("Third Party Sites"). Our
("Guidelines") and rules and regulations ("Rules") in
connection with our Interactive Services, including services that involve Third
Party Sites, but Bluemercury does not control those Third Party Sites, and
Bluemercury does not own or control, or to the actions of people that Bluemercury
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 Sites is Copyright (c) 1999-2010 Bluemercury, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Bluemercury and protected by U.S. and international copyright laws. All software used on the Sites is the property of Bluemercury 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 Sites for the sole purpose of placing an order with Bluemercury, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Bluemercury is strictly prohibited.
Bluemercury and all Site page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Bluemercury and may not be used in connection with any product or service that is not offered by Bluemercury in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bluemercury. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The products displayed on the Sites can be ordered and delivered only within the U.S. and through U.S. Military APO locations. Bluemercury products displayed on the Sites may be available in select Bluemercury retail stores in the U.S. and certain foreign markets. All prices displayed on the Sites 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 Bluemercury 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 Bluemercury.
All material and information presented by Bluemercury is 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 and the results reported, if any, may not necessarily occur in all individuals. 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 Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for 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. Bluemercury does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Bluemercury does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
While Bluemercury has 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, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
Your Use of Content on the Sites and Limitation of Liability
Bluemercury provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Bluemercury is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites 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 Sites or any Third Party Site, including through the Interactive Services, is not controlled by Bluemercury. Bluemercury 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 Bluemercury 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 Bluemercury 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 Sites 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 Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Bluemercury reserves all rights not expressly granted in and to the Content.
Your Content Submissions
By submitting Content to Bluemercury, 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 Sites, 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, tortuous, threatening or harassing to any individual, partnership or corporation;
" is not submitted for compensation or other consideration from any third party; " 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.
Bluemercury does not endorse any Content or any opinion, recommendation or advice expressed therein, and Bluemercury disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Sephora through the Interactive Services, (a) such Content is not confidential or proprietary and Sephora has no obligation of confidentiality, express or implied, with respect thereto; (b) Bluemercury 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 Bluemercury under any circumstances unless you are otherwise notified by Bluemercury in writing.
Guidelines for Interactive Services
We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review as a Review and Rating, providing your online profile or participating in other Interactive Services, please consider the following guidelines:
" Focus on the product and your individual experience using it;
" Provide details about why you like or dislike a product; and
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Bluemercury official, employee, or affiliate, 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
Bluemercury may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Bluemercury does 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 Sephora and such third party. Sephora does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Bluemercury is 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 Bluemercury through the Interactive Services, do not necessarily reflect the views of Bluemercury.
If you access the Sites via your mobile phone (through a smartphone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Modification of Content
Reservation of Rights
BLUEMERCURY IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUEMERCURY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BLUEMERCURY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
BLUEMERCURY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES 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.
1010 Wisconsin Avenue
Washington, DC 20007
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Bluemercury’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
Bluemercury’s DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is our General Counsel, who can be reached as follows:
1010 Wisconsin Avenue
Washington, DC 20007
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.