TERMS OF USE

Redken, a division of L’Oréal Canada Inc. (“we”, “us”, “our”) welcomes you to its web sites. You should carefully read the following terms of use (“Terms of Use”) before using them. By accessing or using our web sites, you agree to be bound by these Terms of Use. While surfing on our web sites, you recognize, acknowledge and accept all the Terms of Use set forth herein.

Only we, at our sole discretion and without any notice, can modify these Terms of Use and you are responsible for regularly reviewing these Terms of Use.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE.

GENERAL REMARK

Unless otherwise specified, our web site is for your personal and non-commercial use and for purely informational and entertainment purposes. 

We offer no guaranty to the longevity of our web sites and reserve the right to terminate them at any moment, at our sole discretion and that without notice. We assume no responsibility for any prejudice or drawback resulting from the termination of a web site.

ELIGIBILITY AND AGE RESTRICTIONS

 If you are an adult, in order to become eligible to use our services you must:

• subscribe to our services, and
• accept this User's Agreement by clicking on the "I Accept" button or by giving similar consent.

If you are between the ages of 13 and 17, to become eligible to use our services you must

• subscribe to our services, and
• have your parent or guardian accept this User's Agreement on your behalf by clicking on the "I Accept" button or checking the appropriate section together with an e-mail address where such parent or guardian may be reached or by giving similar consent.

If you are under age 13, you are not eligible to use our services.

USE OF SITE

You may display a web site and, subject to any expressly stated restriction or limitation relating to specific content, electronically copy, download and print hard copy portions of the content from the different areas of a web site exclusively for your personal and non-commercial use. Our Website has been designed for your personal, non-commercial use. You agree to use our services only for lawful purposes.

Harassment in any manner or form on this web site or any of our web sites, including e-mail and chat rooms or the use of obscene or abusive language is strictly forbidden. Impersonation of others, including our employees, hosts, or representatives or other members or visitors of this web site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on our web sites or use our web sites to solicit others to join or become members of any other commercial online service or other organisation. We reserve the right to prohibit the access to the website to you if you do not respect the terms of use and privacy policy.

You agree that you will not upload or transmit any viruses, worms, Trojan horses or other similar materials onto our Web site. You also agree that you will not upload, post, reproduce or distribute to or through our Web site any material protected by copyright, patent, trademark, trade secret, right of publicity, right or privacy or any other proprietary or intellectual property rights of any third party without first obtaining the written permission of its owner. Moreover, you agree not to attempt to damage, alter or modify our Web site. You additionally agree not to browse any content of other authorized users in our Web site. You acknowledge that our Web site, and systems accessible through our Web site contain copyrighted and other proprietary and confidential information and material. You agree to respect all such proprietary rights and take all reasonably necessary precautions to protect private, confidential and other proprietary information and material from unauthorized use or disclosure. 

SUBMITTING A PHOTOGRAPH TO US

From time to time, you might be asked to send us a photograph suitable for digitizing and use with our Website to fully use some services.

You may not post or submit for posting on our Web site any material or photo that:

• is obscene, offensive, defamatory, libelous, false or misleading, threatening, harassing, abusive or hateful;
• is of someone who did not authorize such submission;
• violates the privacy or publicity rights of others; or
• violates the property, proprietary or intellectual property rights (including copyright and trademark rights) of others.

You are responsible for ensuring that any material or photo you post or submit for posting on our website does not infringe on the privacy or property rights (such as copyright, trademark, or patent rights) of any other person or entity.

You hereby represent and warrant to us that: 

• You own or have the rights to use any material or photo that you post or submit for posting on our Web site;
• any such photo is only of yourself, of a minor for whom you are the parent, legal guardian or otherwise legally responsible, or of a person who has authorized you to submit such photo;
• all information and materials you post or submit for posting are accurate and not misleading;
• you accept responsibility for protecting your password and will share it only with those you want to give access to the digitized picture; and
• you grant (or the owner of such material or photo has expressly granted) to us a royalty-free, worldwide, perpetual, irrevocable, nonexclusive and sublicensable right and license to use, copy, download, modify and make derivative works from the material or photo and to display the material or photo and any modification or derivative work thereof only for purposes of digitizing the photo, displaying it on our password-protected page and for use with our website.

We may, in our sole discretion, edit, delete or refuse to post any material or photo that you submit to us for posting on our Web site and/or for use with on our website.

TRADE-MARKS AND COPYRIGHTS

The entire content of our web sites, including but not limited to texts, designs, graphics, interfaces, or code and the selection and arrangement thereof (the “Content”), is our property and is protected by copyright and the reproduction, copying, publication, retransmission, communication or use in anyway of the Content is strictly forbidden without our prior written consent. The Content includes content both owned or controlled • or its affiliated companies or other third parties and used by us with their permission. 

All trade-marks, registered or not, service marks and trade names (collectively the “Marks”) are our property, or the property of other owners who have granted us the right and licence to use such Marks. Information and software available on our services is either Copyright (c) • or one of its affiliates, or copyrighted by third parties and used by us with their permission. All rights reserved.

YOUR RESPONSIBILITIES AS A USER OF OUR SERVICES 

The information on our Web site may include material that is inappropriate for you.

You expressly agree that the use of our services is at your own risk. You are solely responsible for the contents of your messages and may be held legally liable or accountable for the contents of your messages.

By entering our Web site you undertake full responsibility to or for:

• determining whether the information complies with your needs;
• any problems you may experience in connection with the use of any of our current or future technology;
• isolating information, executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage your information or system;
• determining whether you have adequate legal rights to submit to us, store, reproduce or otherwise use any photographs or information in any manner contemplated by you; and
• compliance with any legal obligations (such as are imposed on you by copyright, secrecy, defamation, decency, privacy and export laws).

If you do not agree to these terms, you should exit our Web site immediately and not re-enter. 

SUBMISSIONS

Should you submit any notes, messages / billboard postings, ideas, suggestions, concepts or any other material, such as your pictures, you are thereby assigning all your rights in it to us, and waive all moral rights therein for the term of the right, and that on a perpetual, irrevocable and world-wide basis. Consequently, you give us the right to publish, in any form, and agree that we have the right to publish the material for any type of use including, without limitation, promotional and advertising purposes.

LINKING

We want to provide increased value to you, our visitors. Therefore, we might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. As such, we have no control over these linked sites, all of which have separate terms of use, privacy and data collection practices independent of our own. Consequently, we cannot be held liable and we offer no guaranty whatsoever as to the accuracy, timeliness and completeness of the information contained on such web sites.

The links which we might place on our web sites do not imply that we sponsor, endorse or are affiliated or associated with, or had been legally authorised to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

However, we request any feedback that you may have concerning the external links that we have placed on our web site. 

PRIVACY

Any information that we collect concerning you is done according to our Privacy Statement. Please refer to our Privacy Statement below.

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible the information contained in our web sites, errors or omissions can occur. We make no warranty or representation, therefore, about the accuracy or completeness of the Content of this web site, or the content of any web site or external site.

Although we make use of up to date technology in order to protect your pictures from being copied and captured by unauthorized third parties, please keep in mind that we cannot ensure complete protection. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Our members communicate with each other through onsite mail. While we do not, as a rule, moderate or monitor members’ exchanges, we reserve the right to do so if we suspect users of using our service for the purpose of solicitation or any other violation of our terms of use or Privacy statement. If necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the site.

Our web sites, the Content, information, services and products listed in our web sites, including without limitation, text, graphics, and links, are provided “as is” and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. We do not represent or warrant that the functions contained in our web sites will be uninterrupted or error free, that defects will be corrected or that our web sites or that the server(s) which makes our web sites available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in our web sites in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. You should not act or rely up on any of the Content without seeking the advice of a qualified professional.

In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, civil liability, or any other theory arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site.

You use our web sites at your own risk and consent not to pretend otherwise.

APPLICABLE LAWS

This Terms of Use is governed in accordance with the laws in force in the province of Quebec and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montreal, Province of Quebec. Should any provision of the present Terms of Use be found invalid by a court of competent jurisdiction, the incompatible provision will simply be dissociated from the rest of this Terms of Use, and the remainder remains in force. 

If you suffer any prejudice whatsoever or disagree in any way with the conditions of this Terms of Use, your only recourse is to leave our web sites.

These Terms of Use and any and all other legal notices posted on our web sites constitute the entire agreement between you and us with respect to the use of our web sites and its content.