All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright (c) 2015 Kendo Holdings Inc., ALL RIGHTS RESERVED and may be protected by other intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Kendo Holdings Inc. and is protected by U.S. and international copyright laws or other intellectual property laws. All software used on the Site is the property of Kendo Holdings Inc. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of using the Interactive Services or using the Site to make purchases. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without our prior written permission in each instance is strictly prohibited.
Kat Von D Beauty, KatVonDBeauty.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Kendo Holdings Inc. and may not be used in connection with any product or service that is not offered by Us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Kendo Holdings Inc. disclaims any interest in the name “Kat Von D.
COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1988 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to such material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
To send a notice or a counter-notice, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and of where the allegedly infringing material is located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent or applicable law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent for notice of claims of copyright infringement on this Site is Eric J. Baysinger, the General Counsel of Sephora USA, Inc. (our parent company), who can be reached as follows:
Sephora USA, Inc.
425 Market Street, 19th Floor
San Francisco CA 94105
We suggest that you consult your legal advisor before filing a notice or counter-notice.
The products displayed on the Site can be ordered and delivered only within the U.S. If any minor uses any goods or product from Us it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information other than Kat Von D Beauty products by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.
All material and information presented by Us are intended to be used for personal, educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration or any comparable international agency. The statements and products are not intended to diagnose, treat, mitigate, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online resource for our unique line of specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. We do not represent ourselves as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.
While We have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
If you access the Site via your mobile phone or tablet device, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as data charges, will still apply.
RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all Content that you link to, post or otherwise transmit via or to the Site, through our Interactive Services or otherwise. “Content” includes (but is not limited to) all data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials posted by users to the Site and not originally created by Us.
YOUR USE OF CONTENT ON THE SITE AND LIMITATION OF LIABILITY
We provide the Site and the Interactive Services and all other applications and services on the Site as a forum only. We are not liable for any statements, representations, or Content provided by users in any public forum on the Site or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third Party Site, including through the Interactive Services, is not controlled by Us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and We shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will We be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site or through the Interactive Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. We reserve all rights not expressly granted in and to the Site.
YOUR CONTENT SUBMISSIONS
By using the Interactive Services, you represent and warrant that:
You understand you are participating in a public forum and that your Content will be available to all other users of the Site, the Interactive Services and potentially Third Party Sites;
All "moral rights" and other non-assignable rights that you may have in such Content have been voluntarily waived by you in favor of Us and our successors and assigns and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
All Content that you post is accurate;
You also represent and warrant that any Content you link or post to the Site:
- Is not false, inaccurate or misleading;
- Does not harm minors;
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- Is not submitted for compensation or other consideration from any third party; and does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
We do not endorse any Content or any opinion, recommendation or advice expressed therein, and We disclaim all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Us through the Interactive Services, (a) such Content is not confidential or proprietary and We have no obligation of confidentiality, express or implied, with respect thereto; (b) We may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Us under any circumstances unless you are otherwise notified by Us in writing
GUIDELINES FOR INTERACTIVE SERVICES
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any representative of our company, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal information about others, including other users.
THIRD PARTY CONTENT AND THIRD PARTY SITES
We do not monitor, approve or have any control over Third Party Sites and the inclusion of links to Third Party Sites does not imply any association or relationship between Us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Site. We are not responsible for updating or reviewing Third Party Sites. You use Third Party Sites at your own risk. We encourage you to conduct your own research and due diligence into all Third Party Sites.
MODIFICATION OF CONTENT
RESERVATION OF RIGHTS
WE ARE PROVIDING THE SITE, ITS CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE OPERATION OF THE SITE OR THE INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Kendo Holdings Inc.
425 Market Street, 19th Floor
San Francisco, CA 94105
FRAUD PROTECTION PROGRAM
As part of Our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) 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 take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
The funds on the E-Gift Card do not expire. No fees apply. Protect the E-Gift Card like cash. Lost, stolen or damaged E-Gift Cards will only be replaced if the E-Gift Card has never been used, and only with satisfactory proof of purchase and E-Gift Card number, where required by law. We reserve the right to correct the E-Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any E-Gift Card if we suspect fraud, unlawful activity or improper E-Gift Card use. You agree that you will not use a revoked E-Gift Card. The E-Gift Card is not a credit, debit, or charge card. No implied warranties attach to it. E-Gift Card users must be 18 years of age or older.