Children under the Age of 13. The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you are under the age of 13 do not use this Application.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to use the Application for your personal, non-commercial use.
User Restrictions. You shall not:
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you use the Application, you may be required to provide certain personal information about yourself, such as your email address and a photograph of yourself (the “Selfie”), as a condition to using the Application or certain of its features or functionality. By submitting your email and Selfie, you warrant and represent that you own the picture and are hereby granting the Company the right to use, store and alter the Selfie.
Disclosure of Your Information. We may disclose aggregated information about our users without restriction. In addition, we may disclose your email:
To Sephora USA Inc. (“Sephora”) in the event you opt-in to receive communications from Sephora. To our subsidiaries and affiliates.
To contractors, service providers and other third parties we use to support our business and the Application.
Data SecurityWe have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk.
No Illegal Purpose. You represent and warrant that you will not use the Application for any illegal or malicious purposes and that:
Disclaimer of Warranties. The Application is provided to Licensee “AS IS” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Company provides no warranty or undertaking regarding the operation of the Application
Limitation of Liability. To the fullest extent permitted by applicable law, in no event will Company or its affiliates, or any of its or their respective licensors (including Sephora) or service providers, have any liability arising from or related to your use of or inability to use the Application.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.