Welcome to the Shiseido Cosmetics America Website (www.shiseido.com) (the “Website”).
2. Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. Shiseido Cosmetics reserves the right to cancel any online order for any reason.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") is the property of Shiseido Cosmetics, our parent company Shiseido Co. Ltd., affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Shiseido Cosmetics, our parent company Shiseido Co., Ltd., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed in writing to our New York office at the address specified below.
900 Third Avenue
New York, NY 10022
5. Your Obligations and Responsibilities
6. Your Account
You may choose to register for an account on the Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Shiseido Cosmetics' best interests to do so.
7. Third Party Links
Shiseido Cosmetics has no responsibility and assumes no liability for the unaffiliated sites to which it is linked.
9. Representations and Warranties; Limitation of Liability; Indemnification
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold SHISEIDO COSMETICS, our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the webSite, any User Content made available on the webSite or breach of these Terms and Conditions. You also agree to indemnify SHISEIDO COSMETICS for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Fraud Protection
We reserve the right to refuse to process and order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order of our customer service department may call you at the phone number you provided 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 reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
IN THE EVENT OF ANY PERCEIVED ABUSE(S) OF SHISEIDO COSMETICS’ SATISFACTION GUARANTEE, TO BE DETERMINED AT THE SOLE DISCRETION OF SHISEIDO COSMETICS, A RETURN OR MULTIPLE RETURNS MAY NOT BE HONORED.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
13. Consent to Receive Notices Electronically by Posting on the Site and Via Email
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
15. The California Transparency in Supply Chains Act of 2010 Disclosure
The California Transparency in Supply Chains Act requires that beginning January 1, 2012, retail sellers and manufacturers with annual worldwide gross receipts over $100 million doing business in the state disclose their efforts to eradicate human slavery and trafficking from their direct supply chains for tangible goods offered for sale. The Act requires that the information be posted on the company's website, with a conspicuous link on the company's homepage.
The company must disclose its specific actions in relation to five key points, as described in the Act:
Training: Do you train your employees directly responsible for supply chain management on mitigating the risk of slavery and human trafficking in your supply chain?
We do conduct such training. Employees directly responsible for procurement and supply chain management are trained on such issues as forced labor and child labor.
Certification: Do you require your direct suppliers to certify that the materials incorporated into your product comply with the local laws on slavery and human trafficking?
We do require that our suppliers certify that they comply with those laws of the country in which they operate relating to child labor and forced labor / slavery. We have an ongoing program requiring written agreement from all our direct suppliers to comply with applicable laws and regulations regarding forced labor and child labor.
Verification: Do you engage in third-party verification; have you identified the risk of slavery and human trafficking in your supply chain?
We do not yet engage in 3rd party verification.
Auditing: Do you engage in independent, unannounced auditing to check on adherence to your company standards on slavery and human trafficking?
We do not at this time engage in such independent, unannounced auditing. However, we intend to review our practices in this regard and explore the use of third-party auditors at least with respect to any suppliers operating in high risk territories.
Internal accountability: Are you holding your employees and contractors accountable to your company standards on slavery and human trafficking?
We do have internal standards embodied in our corporate code of conduct and violations of such code can lead to disciplinary action.
16. Posting Policy
By displaying, publishing, or otherwise posting any User Content on or through this web site, you hereby grant shiseido.com a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Shiseido.com and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
By posting on the Shiseido.com, you acknowledge that other users may share your posts and images through various social media platforms.
You agree to indemnify and hold Shiseido, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to shiseido.com.
You acknowledge and agree that shiseido.com will not have any obligation to review, monitor, display, accept or exploit any User Content and Shiseido.com may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
17. Refer A Friend Program
Shiseido Americas Corporation ("we", "SAC" or "Company"), on behalf of its Shiseido Cosmetics or Clé de Peau Beauté brands, may, from time to time, offer users of our service ("Service") the opportunity to refer friends to try the Service ("Shiseido and Clé de Peau Beauté Referral Program" or "Program"). We reserve the right to terminate the Program at any time for any reason. The Program is administered on our behalf by Extole, Inc., 625 2nd Street, Suite 101, San Francisco, CA 94107 ("Service Provider").
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to be a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations. The Company reserves the right to cancel, change or suspend the Program at any time without notice.
We reserve the right to modify or amend at any time without notice these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify without notice any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
IF YOU DO NOT AGREE WITH THE PROVISIONS OF THE TERMS AND CONDITIONS, DO NOT USE THE PROGRAM.
Children. No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
2. How the Program Works.
Program Participation, Generally
Users who refer are called "Referrers." Individuals who receive a referral are called "Referred Customers." An "eligible" Referrer who is fully compliant with these Terms and Conditions may receive a "Reward" for each "Qualified Referral."
To participate, visit referral.shiseido.com and referral.cledepeaubeaute.com and follow the on-screen instructions to refer friends, family members or colleagues to the Service by entering their names and email addresses in the "Refer A Friend" box or by sharing to your Facebook or Twitter accounts.
To be "eligible," a Referrer must:
1. be a legal resident of the United States of America; and
2. be at least 16 years old.
Employees of the Company, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
Making a Referral
An individual is required to provide his/her email address but is not required to register, sign-in or make a purchase at the Website in order to make a referral. Each Program invitation sent by a Referrer to friends, family members or colleagues must clearly state that the Referrer is eligible to receive a Reward if the Referred Customer makes a qualifying purchase. If a Referrer does not clearly state this, it is a violation of these Program terms and may result in Referrer’s immediate termination from the Program, disqualification from future participation, and forfeiture of any Reward owed to the Referrer as a result of Referrer’s participation in this Program. Once an individual refers a friend, family member or colleague, he/she becomes a Referrer and will be assigned a unique referral link ("Personal Link") that allows the Referrer to receive a Reward for each Qualified Referral. Personal Links will be issued only to individuals.
Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Shiseido Cosmetics or Clé de Peau Beauté or participate in the Program using multiple or fake email addresses or identities.
A Qualified Referral means that all the following conditions are met:
1. The Referred Customer completed a purchase at www.shiseido.com or //www.cledepeaubeaute.com (the "Website") associated with the Referrer’s "Personal Link." If a Referred Customer makes a purchase on the Website using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn a Reward. Purchases made by a Referred Customer at Company’s boutiques or outlets will not count as a Qualified Referral and the Referrer will not earn a Reward;
2. The Referred Customer has not placed an order on the Website between November 1, 2016 and November 1, 2017;
3. The Referred Customer is a) a legal resident of the United States of America and b) at least 16 years old; and
4. Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals. A Referrer may not earn more than 100 Qualified Referrals during the operation of the Program.
Rewards for Qualified Referrals
Rewards can only be awarded for Qualified Referrals.
Earning and Using Rewards
Referrer will receive an email with one (1) redemption code ("Code") for $20 off of a minimum $100 order ("Reward") for Shiseido Cosmetics and $25 off of a minimum $150 order for Cle de Peau Beaute for each verified Qualified Referral generated by Referrer. The $20 off of a minimum $100 and $25 off of a minimum $150 order discount will not apply to charges for shipping, duty and taxes. Referrer will receive an email with the Code approximately 7 days after a Qualified Referral has been verified by Shiseido Cosmetics or Clé de Peau Beauté. A Referrer may not earn more than 100 Qualified Referrals during the operation of the Program.
To redeem the Reward, enter the Code in the promo code box during checkout at the Website. The Code cannot be used with any other promotional codes and only one Code can be used per order. The Reward and the Code only apply to purchases at the Website and cannot be used in the Company’s boutiques or outlets. All taxes, duty and shipping fees apply to each order placed at the Website and the Code does not reduce the charges for taxes, duty or shipping. The Code does not have an expiration date.
Verified Qualified Referrals
Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. The Company may also refuse to verify and process any transaction the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is verified.
Transfer and Value of Rewards
Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold.
3. Content Ownership and Use.
The Website and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Website or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.
License to You
The Company authorizes you, subject to these Terms and Conditions, to access and use the Website, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
The registered or unregistered logos, product and service names are or may be trademarks of the Company or its licensors (the "Marks"). Without the Company's prior written permission, and except as solely enabled by any link as provided by the Company, you agree not to display or use in any manner the Marks.
By participating in the Program, Users agree to:
2. defend, indemnify, release and hold harmless the Company, its Service Provider, Facebook, Twitter, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program but not including personal injury or death; and
3. be contacted by the Company via e-mail.
Company shall not be liable for malfunctions of the website and telephone system, including:
1. late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2. telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3. data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4. any economic losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
5. any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
6. claims, demands, and damages in disputes among Users of the Program.
The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion and without notice, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.
The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
The Company reserves the right to cancel, change or suspend the Program without notice should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
Disclaimer of Warranties
USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE WEBSITE OR PROGRAM WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING FACEBOOK, TWITTER, AND ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS); (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY'S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Users should use the Program at their own risk.
Participation in the Program or acceptance of a Reward constitutes permission for the Company to use any User’s first and last name, company name, Website profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program without notice.
Prohibited Conduct, Generally
Users agree not to use the Program to:
• Violate applicable law;
• Infringe the intellectual property rights of the Company, its Service Provider or any third parties;
• Stalk, harass, or harm another individual;
• Collect or store personal data about other Users;
• Impersonate any person or otherwise misrepresent User's identity;
• Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
• Interfere with another User's use of the Program;
• Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
• Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
• Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
• Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others
Bulk Distribution ("Spam")
If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has each Referred Customer’s prior consent.
Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. The Company has a no tolerance spam policy.
The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, may be required to indemnify the Company against any liabilities, costs and expenses it incurs as a results of such spam or misuse of the Shiseido and Clé de Peau Beauté Referral Program of the violation of these Terms and Conditions.
Fraudulent and Suspicious Behavior
The Company may prohibit a User from participating in the Program or receiving a Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. Suggestions and Submissions.
The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they:
1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
8. Sign-In Credentials.
If Users have an account with the Company’s Website, Users are responsible for maintaining the confidentiality of their sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
9. Resolving Disputes
If a dispute should arise between you and the Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service at (866) 758-5966 for Shiseido Cosmetics or (888) 678-5574 for Clé de Peau Beauté. If your dispute cannot be resolved using our customer service team, these Terms and Conditions describe how we shall proceed with the resolution of the dispute.
10. AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and the Company agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances the Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or the Company must do the following things:
1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
3. Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and the Company will pay all other administrative costs and fees. In addition, for claims of less than $1,000, the Company will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing the Company at firstname.lastname@example.org and providing the requested information as follows: (1)Your Name; (2) the URL of Terms and Conditions and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms and Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the website.
CHOICE OF LAW/FORUM SELECTION.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in New York or federal court of competent jurisdiction in the District Court in New York.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement between Users and the Company concerning Users’ use of the Program.
12. No Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
The provisions of these Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms and Conditions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality or enforceability of any of the remaining provisions.
14. Section Titles
The section titles in these Terms are for convenience only and have no legal or contractual effect.
15. Third Parties
A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.