Terms and Conditions

These are the terms of use ("Terms of Use") for your use of services 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 and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through a smartphone application, for example) and these Terms of Use govern your use of 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 Terms of Use and other areas of our Sites provide guidelines ("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 these Terms of Use, our Guidelines and our Rules do not apply to companies that Bluemercury does not own or control, or to the actions of people that Bluemercury does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy (available at www.bluemercury.com/includes/privacy_policy.jhtml) and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.

Bluemercury reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Bluemercury decides to change these Terms of Use, Bluemercury will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Sites 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 Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

Copyright
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.

Trademarks
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.

Product Information
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.

The products available on the Sites and the Interactive Services, including any samples Bluemercury may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Bluemercury. Bluemercury reserves 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, as determined by Bluemercury in its sole discretion.

Color Information
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 may access the Content and any other content on the Sites 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 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;
" 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 Sephora to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
" 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 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 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;
" 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.

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.

For any Content that you submit, you grant Bluemercury a worldwide, perpetual, irrevocable, royalty-free, sub-license-able and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

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
" All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.

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.

As noted above, Bluemercury reserves the right to not post a review or to withdraw a posted review for any reason. Your review will be excluded if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.

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.

Mobile Services
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
All Content that you submit is not confidential and may be used at Bluemercury’s sole discretion. Bluemercury may or may not pre-screen Content. However, Bluemercury and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Bluemercury and its designees will have the right to remove any Content that Bluemercury deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. Bluemercury does not guarantee that you will have any recourse through Bluemercury to edit or delete any Content you have submitted. Bluemercury reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Bluemercury reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Bluemercury, 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 the part of Bluemercury, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Reservation of Rights
Bluemercury reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites. Bluemercury may access, preserve and disclose your account information and 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 for customer service, or (v) protect the rights, property or personal safety of Sephora (and its employees), its users and the public.

Disclaimer
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.

Indemnification
You agree to defend, indemnify and hold harmless Bluemercury, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), 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 Sites 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 a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.

Applicable Law
The Sites and Interactive Services are created and controlled by Bluemercury in the District of Columbia, U.S.A. As such, the laws of the District of Columbia will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Bluemercury reserves the right to make changes to its Web site and these Terms of Use at any time.

Our Address
Bluemercury, Inc.
1010 Wisconsin Avenue
Suite 700
Washington, DC 20007

DMCA
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:

Bluemercury, Inc.
1010 Wisconsin Avenue
Suite 700
Washington, DC 20007
E-mail: team@bluemercury.com

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 Bluemercury that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia, U.S.A. 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 Bluemercury’s 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. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND BLUEMERCURY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.