Terms
of Use
Last Modified: December 17,
2015
Acceptance
of the Terms of Use
These terms of use are
entered into by and between you and SGII, Inc. d.b.a. SeneGence International®
("Company", "we" or "us"). The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to
and use of [www.lipsense.com], including any content, functionality and
services offered on or through [www.lipsense.com] (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use
carefully before you start to use the Website. By using the Website, you
accept and agree to be bound and abide by these Terms of Use, our Privacy
Policy and our Copyright policy, each incorporated herein by reference. If
you do not want to agree to these Terms of Use, the Privacy Policy, or the
Copyright Policy, you must not access or use the Website.
This Website is offered and
available to users who are 18 years of age or older. By using this Website, you
represent and warrant that you are of legal age to form a binding contract with
the Company and meet all of the foregoing eligibility requirements. If you do
not meet all of these requirements, you must not access or use the Website.
We may revise and update
these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them, and apply to all access to and use of
the Website thereafter.
Your continued use of the
Website following the posting of revised Terms of Use means that you accept and
agree to the changes. You are expected to check this page from time to time so
you are aware of any changes, as they are binding on you.
Accessing
the Website and Account Security
We reserve the right to
withdraw or amend this Website, and any service or material we provide on the
Website, in our sole discretion without notice. We will not be liable if for
any reason all or any part of the Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of the Website,
or the entire Website, to users, including registered users.
You are responsible for:
1. Making
all arrangements necessary for you to have access to the Website.
2. Ensuring
that all persons who access the Website through your internet connection are
aware of these Terms of Use and comply with them.
To access the Website or
some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the
Website that all the information you provide on the Website is correct, current
and complete. You agree that all information you provide to register with this
Website or otherwise, including but not limited to through the use of any
interactive features on the Website, is governed by our Privacy Policy, and you
consent to all actions we take with respect to your information consistent with
our Privacy Policy.
If you choose, or are
provided with, a user name, password or any other piece of information as part
of our security procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any
other person with access to this Website or portions of it using your user
name, password or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or password
or any other breach of security. You also agree to ensure that you exit from
your account at the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others are not
able to view or record your password or other personal information.
We have the right to disable
any user name, password or other identifier, whether chosen by you or provided
by us, at any time in our sole discretion for any or no reason, including if,
in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire
contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof), are owned by the Company, its licensors or
other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws.
These Terms of Use permit
you to use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit any of the material on
our Website, except as follows:
1. Your
computer may temporarily store copies of such materials in RAM incidental to
your accessing and viewing those materials.
2. You
may store files that are automatically cached by your Web browser for display
enhancement purposes.
3. You
may print or download one copy of a reasonable number of pages of the Website
for your own personal, non-commercial use and not for further reproduction,
publication or distribution.
4. If
we provide desktop, mobile or other applications for download, you may download
a single copy to your computer or mobile device solely for your own personal,
non-commercial use, provided you agree to be bound by our end user license
agreement for such applications.
5. If
we provide social media features
with certain content, you may take such actions as are enabled by such
features.
You must not:
1. Modify
copies of any materials from this site.
2. Use
any illustrations, photographs, video or audio sequences or any graphics
separately from the accompanying text.
3. Delete
or alter any copyright, trademark or other proprietary rights notices from
copies of materials from this site.
You must not access or use
for any commercial purposes any part of the Website or any services or
materials available through the Website.
If you print, copy, modify,
download or otherwise use or provide any other person with access to any part
of the Website in breach of the Terms of Use, your right to use the Website
will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. No right, title or interest in or to the
Website or any content on the Website is transferred to you, and all rights not
expressly granted are reserved by the Company. Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and
may violate copyright, trademark and other laws.
The Company name, the terms LipSense®,
BrowSense®, EyeSense®, LashSense®, SeneGence®,
SeneDerm®, SeneGence International®, SenePlex®,
The Make Sense Foundation®, Fooops!®, LinerSense®,
SeneGents™, MakeSense™, SenseCosmetics™,
BlushSense™, ShadowSense™, UnderSense™, Ooops!™,
the Company logo and all related names, logos, product and service names,
designs and slogans are trademarks of the Company or its affiliates or
licensors. You must not use such marks without the prior written permission of
the Company. All other names, logos, product and service names, designs and
slogans on this Website are also the trademarks of the Company.
You may use the Website only
for lawful purposes and in accordance with these Terms of Use. You agree not to
use the Website:
1. In
any way that violates any applicable federal, state, local or international law
or regulation (including, without limitation, any laws regarding the export of
data or software to and from the U.S. or other countries).
2. For
the purpose of exploiting, harming or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise.
3. To
send, knowingly receive, upload, download, use or re-use any material which
does not comply with the Content Standards set out in these Terms of Use.
4. To
transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail", "chain letter" or "spam" or any other similar
solicitation.
5. To
impersonate or attempt to impersonate the Company, a Company employee, A
Company Independent Distributor, another user or any other person or entity
(including, without limitation, by using e-mail addresses or screen names associated
with any of the foregoing).
6. To
engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Website, or which, as determined by us, may harm the Company
or users of the Website or expose them to liability.
Additionally, you agree not
to:
1. Use
the Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other party’s use of the Website, including their
ability to engage in real time activities through the Website.
2. Use
any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website.
3. Use
any manual process to monitor or copy any of the material on the Website or for
any other unauthorized purpose without our prior written consent.
4. Use
any device, software or routine that interferes with the proper working of the
Website.
5. Introduce
any viruses, trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful.
6. Attempt
to gain unauthorized access to, interfere with, damage or disrupt any parts of
the Website, the server on which the Website is stored, or any server, computer
or database connected to the Website.
7. Attack
the Website via a denial-of-service attack or a distributed denial-of-service
attack.
8. Otherwise
attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain
message boards, chat rooms, personal web pages or profiles, forums, bulletin
boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish,
display or transmit to other users or other persons (hereinafter, "post") content or materials
(collectively, "User Contributions")
on or through the Website.
All User Contributions must
comply with the Content Standards set out in these Terms of Use.
Any User Contribution you
post to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the Website, you grant us and our affiliates
and service providers, and each of their and our respective licensees,
successors and assigns the right to use, reproduce, modify, perform, display,
distribute and otherwise disclose to third parties any such material.
You represent and warrant
that:
1. You
own or control all rights in and to the User Contributions and have the right
to grant the license granted above to us and our affiliates and service
providers, and each of their and our respective licensees, successors and
assigns.
2. All
of your User Contributions do and will comply with these Terms of Use.
You understand and
acknowledge that you are responsible for any User Contributions you submit or
contribute, and you, not the Company, have fully responsibility for such
content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or
liable to any third party, for the content or accuracy of any User
Contributions posted by you or any other user of the Website.
Monitoring
and Enforcement; Termination
We have the right to:
1. Remove
or refuse to post any User Contributions for any or no reason in our sole
discretion.
2. Take
any action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User
Contribution violates the Terms of Use, including the Content Standards,
infringes any intellectual property right or other right of any person or
entity, threatens the personal safety of users of the Website or the public or
could create liability for the Company.
3. Disclose
your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual
property rights or their right to privacy.
4. Take
appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website.
5. Terminate
or suspend your access to all or part of the Website for any or no reason,
including without limitation, any violation of these Terms of Use.
Without limiting the
foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity
or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY
AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake
to review material before it is posted on the Website, and cannot ensure prompt
removal of objectionable material after it has been posted. Accordingly, we
assume no liability for any action or inaction regarding transmissions,
communications or content provided by any user or third party. We have no
liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.
These content standards
apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state,
local and international laws and regulations. Without limiting the foregoing,
User Contributions must not:
1. Contain
any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory or otherwise objectionable.
2. Promote
sexually explicit or pornographic material, violence, or discrimination based
on age (40 and over), ancestry, color, gender, gender identity, gender
expression, genetic information, marital status, medical condition, including
those related to pregnancy, childbirth, or breastfeeding, denial of family and
medical care leave, mental disability, national origin, physical disability,
race, religious creed, sex, sexual orientation, past, current or prospective
service in the uniformed services, or any other categories protected under
applicable federal, state or local law.
3. Infringe
any patent, trademark, trade secret, copyright or other intellectual property
or other rights of any other person.
4. Violate
the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with
these Terms of Use and our Privacy Policy.
5. Be
likely to deceive any person.
6. Promote
any illegal activity, or advocate, promote or assist any unlawful act.
7. Cause
annoyance, inconvenience or needless anxiety or be likely to upset, embarrass,
alarm or annoy any other person.
8. Impersonate
any person, or misrepresent your identity or affiliation with any person or
organization.
9. Involve
commercial activities or sales, such as contests, sweepstakes and other sales
promotions, barter or advertising.
10. Give
the impression that they emanate from or are endorsed by us or any other person
or entity, if this is not the case.
Copyright
Infringement
If you believe that any User
Contributions violate your copyright, please see our Copyright Policy for
instructions on sending us a notice of copyright infringement. It is the policy
of the Company to terminate the user accounts of repeat infringers.
Reliance
on Information Posted
The information presented on
or through the Website is made available solely for general information
purposes. We do not warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly at your own
risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.
This Website may include
content provided by third parties, including materials provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting
services. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily
reflect the opinion of the Company. We are not responsible, or liable to you or
any third party, for the content or accuracy of any materials provided by any
third parties.
We may update the content on
this Website from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Website may be out of date at any given
time, and we are under no obligation to update such material.
Information
about You and Your Visits to the Website
All information we collect
on this Website is subject to our Privacy Policy. By using the Website, you
consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy.
Linking to the Website and Social Media
Features
You may link to our
homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part.
This Website may provide
certain social media features that enable you to:
1. Link
from your own or certain third-party websites to certain content on this
Website.
2. Send
e-mails or other communications with certain content, or links to certain
content, on this Website.
3. Cause
limited portions of content on this Website to be displayed or appear to be
displayed on your own or certain third-party websites.
You may use these features
solely as they are provided by us, and solely with respect to the content they
are displayed with and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing,
you must not:
1. Establish
a link from any website that is not owned by you.
2. Cause
the Website or portions of it to be displayed, or appear to be displayed by,
for example, framing, deep linking or in-line linking, on any other site.
3. Link
to any part of the Website other than the homepage.
4. Otherwise
take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms of Use.
The website from which you
are linking, or on which you make certain content accessible, must comply in
all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with
us in causing any unauthorized framing or linking immediately to cease. We
reserve the right to withdraw linking permission without notice.
We may disable all or any
social media features and any links at any time without notice in our
discretion.
If the Website contains
links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no
control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them. If you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk and subject to the terms and
conditions of use for such websites.
The owner of the Website is
based in the State of California in the United States. We provide this Website
for use only by persons located in the United States. We make no claims that
the Website or any of its content is accessible or appropriate outside of the
United States. Access to the Website may not be legal by certain persons or in
certain countries. If you access the Website from outside the United States,
you do so on your own initiative and are responsible for compliance with local
laws.
You understand that we
cannot and do not guarantee or warrant that files available for downloading
from the internet or the Website will be free of viruses or other destructive
code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection
and accuracy of data input and output, and for maintaining a means external to
our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL
THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON
IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING
THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE,
LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend,
indemnify and hold harmless the Company, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from and
against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys’ fees) arising out of or
relating to your violation of these Terms of Use or your use of the Website,
including, but not limited to, your User Contributions, any use of the
Website’s content, services and products other than as expressly authorized in
these Terms of Use or your use of any information obtained from the Website.
Governing
Law and Jurisdiction
All matters relating to the
Website and these Terms of Use and any dispute or claim arising therefrom or
related thereto (in each case, including non-contractual disputes or claims),
shall be governed by and construed in accordance with the internal laws of the
State of California without giving effect to any choice or conflict of law
provision or rule (whether of the State of California or any other
jurisdiction).
Any legal suit, action or
proceeding arising out of, or related to, these Terms of Use or the Website
shall be instituted exclusively in the federal courts of the United States or
the courts of the State of California in each case located in the City of Santa
Ana and County of Orange although we retain the right to bring any suit, action
or proceeding against you for breach of these Terms of Use in your country of
residence or any other relevant country. You waive any and all objections to
the exercise of jurisdiction over you by such courts and to venue in such
courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
Waiver and
Severability
No waiver by the Company of
any term or condition set forth in these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these
Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
The Terms of Use and our
Privacy Policy constitute the sole and entire agreement between you and the
Company with respect to the Website and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written and
oral, with respect to the Website.
Your Comments and
Concerns
This website is operated by SGII,
Inc. d.b.a. SeneGence International® located at 9211 Irvine
Boulevard, Irvine, California 92618.
All notices of copyright
infringement claims should be sent to the copyright agent designated in our
Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments,
requests for technical support and other communications relating to the Website
should be directed to the above-listed address.