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Sevelin.com - Terms of Use / Privacy
Terms and Conditions of Use
Privacy Policy
Last Update: June 12, 2008
Terms and Conditions of Use
This web site, including any subsite accessible through the homepage, (the "Site") is
published and maintained by subsidiaries, affiliates and/or related entities of Sevelin
Cosmetics ("Sevelin"). You can e-mail us at webmaster@sevelin.com. Please note that when you enter any subsite accessible through this homepage or the shopping page, such subsite may have its own terms and conditions of use which is specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell
or transmit anything you copy from this Site, including but not limited to any text,
images, audio and video, for any business, commercial or public purpose. As long as
you comply with the terms of these Terms and Conditions of Use, Sevelin grants you a
non-exclusive, non-transferable, limited right to enter, display and use this Site. You
agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software, text
and video clips (the "Content"), are protected by copyright under U.S. copyright law,
international conventions, and other copyright laws. You cannot use the Content,
except as specified herein. You agree to follow all instructions on this Site limiting
the way you may use the Content. There are a number of proprietary logos, service
marks and trademarks found on this Site. By making them available on this Site,
Sevelin is not granting you any license to utilize those proprietary logos, service
marks, or trademarks. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.
You may download one (1) copy only of the Content to be used only by you for your
personal use at home unless the subsite you are accessing states that you may not.
If you download any Content from this Site, you may not remove any copyright or
trademark notices or other notices that go with it.
Rules for Chatrooms, Bulletin Boards and Other User-Supplied Material
This Site may have an area which allows you to "chat" or upload and download
materials. When using any of these areas, you agree not to post, send, transmit,
upload or otherwise publish through this Site, any materials that (1) interfere with
anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or
threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's
copyright or other property right; (5) interfere with the privacy of any other user;
(6) contain a virus or any other harmful component; or (7) contain false or
misleading statements of fact or descriptions of the origin of the material or the
communication. You agree to comply with any additional terms which are referred
to on this Site or any subsite within the Site.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene,
pornographic, profane, threatening or unlawful material or any material that could
constitute or encourage conduct that would be considered a criminal offense or give
rise to civil liability, or otherwise violate any law. Although Sevelin may from time to
time monitor or review bulletin boards, chat rooms, discussions, postings,
transmissions and the like on the Site, Sevelin is under no obligation to do so and
assumes no liability or responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy, libel, obscenity or
profanity contained in any such communication. Sevelin may change, edit, or remove
any user material or conversations that are illegal, indecent, obscene or offensive,
or that violates Sevelin's policies in any way. Sevelin will fully cooperate with any law
enforcement authorities or court order requesting or directing Sevelin to disclose the
identity of anyone posting such materials.
Sevelin's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or
otherwise, including any comments, data, questions, suggestions or the like, all such
communications are, and will be treated as, non-confidential and non-proprietary.
Thus, you give up any claim that any use of such material violates any of your rights
including moral rights, privacy rights, proprietary or other property rights, publicity
rights, rights to credit for material or ideas, or any other right, including the right to approve the way Sevelin uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted or used by Sevelin
anywhere in the world, in any medium, forever. Furthermore, Sevelin is free to use,
without any compensation to you, any concepts, ideas, know-how or techniques
contained in any communication you send to the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products using
such information. However, you agree and understand that Sevelin is not obligated to
use any such ideas or materials and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that
any message or information you send to this Site may be read or intercepted by
others unless there is a special notice that a particular message (for example, credit
card information) is encrypted (send in code). Sending a message to Sevelin does not
cause Sevelin to have any special responsibility to you.
Links
This Site may contain links to other Internet sites on the World Wide Web. Sevelin
provides such links for your convenience only, and is not responsible for the content
of any site linked to or from this Site. Links from this Site to any other site do not
mean that Sevelin approves of, endorses or recommends that site. Sevelin disclaims all
warranties, express or implied, as to the accuracy, legality, reliability or validity of
any content on any other site.
Contests
This Site may contain contests that require you to send in material or information
about yourself or offer prizes. Each contest has its own rules, which you must read
and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you;
- Send in any information;
- Enter any contest or game that requires information about you or offers a
prize;
- Join any club or group;
- Post any information on any bulletin board or enter any chat room; or
- Buy anything online.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in
your particular country or locality. The reference to such products and services on
the Site does not imply or warrant that these products or services will be available
at any time in your particular location. You should check with your local Sevelin
authorized representative for the availability of specific products and services in
your area.
Sevelin's Right to Change These Terms and Conditions of Use or Content on
the Site
Sevelin may add to, change or remove any part of these Terms and Conditions of Use at
any time, without notice. Any changes to these Terms and Conditions of Use or any
terms posted on this Site apply as soon as they are posted. By continuing to use this
Site after any changes are posted, you are indicating your acceptance of those
changes. Sevelin may add, change, discontinue, remove or suspend any other Content
posted on this Site, including features and specifications of products described or
depicted on the Site, temporarily or permanently, at any time, without notice and
without liability.
Indemnification
You agree to indemnify, defend and hold Sevelin and all of its agents, directors,
employees, information providers, licensors and licensees, officers and parent,
(collectively, "Indemnified Parties") harmless from and against any and all liability
and costs (including, without limitation, attorneys' fees and costs), incurred by the
Indemnified Parties in connection with any claim arising out of any breach by you of
these Terms and Conditions of Use or the foregoing representations, warranties and
covenants. You will cooperate as fully as reasonably required in Sevelin's defense of
any claim. Sevelin reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you and
you shall not in any event settle any matter without the written consent of Sevelin.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE,
SEVELIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE
ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2)
THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER
COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT
OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE
THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SEVELIN'S NEGLIGENCE, SHALL
SEVELIN BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR
OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF SEVELIN OR AN
AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL SEVELIN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site
together constitute the entire agreement between Sevelin and you with respect to
your use of this Site. Any cause of action you may have with respect to your use of
this Site must be commenced within (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any provision of
these Terms and Conditions of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect the
intent of this agreement, and the remainder of these Terms and Conditions of Use
shall continue in full force and effect. These Terms and Conditions of Use shall be
governed by and construed in accordance with the laws of the State of New York,
United States of America, without reference to its conflicts of law rules.
Online Privacy Policy
Your Privacy
At Sevelin we believe that, as our online visitor, you have a right to know our practices regarding the information we collect when you visit our Web sites and what type of information is collected. The guidelines contained herein only apply to your visits to www.sevelin.com, the Web site operated by Sevelin Cosmetics LLC ("Sevelin"). In addition, this policy also applies to your visit to the following Web pages on www.sevelin.com:
The Sevelin.com Join page ,
the Sevelin.com Feedback page ,
the Sevelin.com Terms and Conditions page ,
those pages that contain "www.sevelin.com/..." in their URL and
itemized search result pages on Sevelin.com (note that some search results are keyword direct links to other Sevelin affiliates which have their own privacy policies).
Other sites which are linked to/from these sites (including other Sevelin affiliates, other Sevelin sites and via banner ads) may have different policies; therefore, please review the privacy policy notices on those sites for details.
While Sevelin does not generally require that you provide us with personally identifiable information in order to visit and use the Sevelin sites, please note that in order to participate in some activities, it will be necessary for you to provide this information. If you choose not to provide it for those activities, you may not be able to participate in them.
Collection of Information: Cookies; Personal
For each visitor to an Sevelin Web site, Sevelin's Web server automatically recognizes and stores information such as the visitor's IP address/Domain name combination. We use this information to understand visitor traffic patterns through our sites for purposes such as enhancing its usability. Your computer provides this information automatically each time you log on, unless you've activated blocking technology available in some browsers.
When you visit Sevelin's sites or advertisements appearing thereon, or use one or more of the Sevelin Web site services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences or to simply facilitate your signing in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified and our ability to personalize your online experience would be limited. Please refer to your browser instructions or "help" screen to learn more about these functions.
Additionally, Sevelin may ask you to provide "personal information", meaning individually identifiable information that you provide on our Web sites such as your email address, name, mailing address, telephone number, social security number, credit card number, or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to participate in contests, chat rooms, on bulletin boards, to fill out a registration, or to order products and services using these sites. Sevelin may combine the information you provide on our Web sites with other information we may collect from you or from third parties so that we can more effectively tailor our site, services and offerings to you. If you provide Sevelin with personal information, you shall have the right, on reasonable prior notice, to inspect, change, amend or delete such information. Instructions on how to update personal information will be given at the point of data collection.
Unless you instruct us otherwise, Sevelin may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to be contacted by checking or removing the check from the box indicating your preference as applicable at the place where your information is collected, or by other means (such as an email request). In addition, with each communication you receive from Sevelin, you will be given the opportunity to indicate if you do not wish to receive future communications.
Unless it is for the purposes you have requested or originally agreed, Sevelin will not share the personal information you provide on the Sevelin Web sites with any other parties, except (a) with your consent, (b) as may be permitted or required by law or court order and/or (c) to persons or companies with whom Sevelin contracts to carry out the internal operations of the site or our business (for example, to send you a promotional item that you have requested on the site).
Additionally and with your consent, Sevelin may share your personal information with other affiliated Sevelin companies (i.e., (i) Sevelin Corporation, (ii) any company of which more than 50% of its outstanding shares are owned by Sevelin Corporation, directly or indirectly, or (iii) any company with the name "SEVELIN" as a part of its trade name) who may want to contact you about products, services or other offerings that may be of interest to you. Further, only with your consent, Sevelin may share your personal information with specific third parties outside of the Sevelin group of companies who may want to contact you about products, services or other offerings that may be of interest to you. Please consult the respective privacy policies of each of these companies for further clarification as to their own privacy policy. Sevelin will seek to obtain your consent at the place where the information is collected either by an "opt-out" or "opt-in" method, or by other means (such as an email request). If you consent to receiving communications from any of these affiliated Sevelin companies, or third parties, you will need to communicate with them directly if you later decide that you no longer wish to receive their communications. Until we advise you, except as indicated above for the initial decision made with your consent to share your personal information with Sevelin affiliates and/or specific third parties outside of the Sevelin group of companies, changes or amendments to your personal information must be given both to Sevelin and to each such Sevelin affiliate or other company directly as these changes, amendments and/or deletions will not be exchanged among Sevelin and other Sevelin affiliates or third parties.
Security
While Sevelin cannot guarantee that unauthorized access will never occur, rest assured that Sevelin takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
Notice To/Regarding Children Under the Age of 13
Sevelin believes that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of content available on the Sevelin sites and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.
If a child under 13 years of age wishes to participate in any Sevelin Web site activity, or wishes to take advantage of a product or service offering, available to children, and to do so necessitates the furnishing of any of the child's personal information, please note the following:
(i) Before any collection of a child's personal information takes place at a web site directed to children or where Sevelin is knowingly collecting children's personal information, the child will be asked to provide his/her parent's or guardian's e-mail address. Sevelin will then send an e-mail (the "Initial Notification") to the parent/guardian indicating, among other things, the information that the child is requested to provide, the intended use(s) of the information and information on how the parent/guardian can, at their election, delete the child's information from Sevelin's database or records. Upon receipt of the Initial Notification, a parent or guardian may respond back to Sevelin to grant his/her consent or to deny consent, in which case Sevelin will delete the parent or guardian's e-mail address. Upon Sevelin's receipt of the parent/guardian consent, Sevelin will send a confirming e-mail to the parent/guardian's e-mail address,
(ii) The e-mail address of the operator collecting or maintaining personal information from children through this Web site are: PIM@Sevelinusa.com,
(iii) The types of personal information collected from children may include the name, e-mail address, home address, telephone number and/or any other information reasonably necessary for the child to participate in a particular activity. This information may be collected directly and/or passively (e.g., through a web server that automatically recognized and stores information such as a visitor's IP address/domain name combination),
(iv) The information collected may be used for purposes such as fulfillment of a requested transaction, record keeping, marketing back to the child, or making it publicly available through a chat room or by other means,
(v) Unless specific consent is obtained from the child's parent or guardian, the child's personal information will not be disclosed to third parties who are not contractors hired to carry out the internal operations of the Web sites, other than as may be required or permitted by law. We have required, or will require, such contractors to agree to use personal information of site visitors only for the purposes of carrying out these operations and to keep such information confidential. A parent or guardian has the option of consenting to the collection and use of the child's personal information without consenting to the disclosure of that information to third parties,
(vi) Sevelin is prohibited from conditioning a child's participation in an activity on the child's disclosing more personal information than is reasonably necessary to participate in such activity,
(vii) A parent can review and have deleted the child's personal information, can refuse to permit further collection or use of the child's information, and can revoke or limit consents previously given. For instructions on how to do so, please send an e-mail to: PIM@Sevelinusa.com and
(viii) If Sevelin desires to use a child's information for purposes other than that for which the parent/guardian consent was previously given, Sevelin will not do so without first getting the parent/guardian consent.
Use and Disclosure of Anonymous Aggregated Information
Sevelin may also collect, aggregate and maintain anonymous information about the visitors to our Web sites, such as visitors' hobbies, interests, purchasing habits, music preferences, and the like. This data can then be used to tailor Sevelin's Web site content and advertising to deliver a better experience for our visitors. In addition, Sevelin may also share such aggregate information about our visitors with advertisers, business partners, sponsors, and other third parties; for example, to inform them about the percentage of male/female visitors or percentage of visitors within a particular age range.
Consent to Processing:
By providing any personal information to the Sevelin Sites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected while it is in place. Sevelin reserves the right to change this policy at any time, so please re-visit this page as often as you wish. Changes to this privacy policy are effective at the time they are posted to this site.
Questions:
If you have any questions or comments about our personal information practices or about this privacy statement, please feel free to send us an email at info@sevelin.com
Last Update: June 12, 2008
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