PHYSICIANSFORMULA.COM Terms and Conditions:

We hope you'll find our website useful, informative and fun. Please visit often and tell your friends about us. All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because when you use our site, you automatically agree to them.

This website is intended to be a positive experience for the user. Much time and effort has been invested by PHYSICIANS FORMULA in developing its products, its website, its advertising and other key aspects of its business. Its trademarks have become synonymous with PHYSICIANS FORMULA being a source of the products that it sells. Its copyrights are distinctive and created by PHYSICIANS FORMULA. For these and other business reasons, PHYSICIANS FORMULA requires that any use of the website is subject to the conditions herein and agreed upon by the user.

PHYSICIANS FORMULA Inc. (“PHYSICIANS FORMULA”) maintains its websites as a service to the Internet community. Access to and use of PHYSICIANSFORMULA.COM is subject to the terms and conditions set forth herein and all applicable laws. PHYSICIANS FORMULA may revise these terms and conditions from time to time by updating this posting.

RIGHTS OF OWNERSHIP IN COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

The entire content (images and text) of PHYSICIANSFORMULA.COM is copyrighted and except as provided herein, may not be distributed, downloaded, modified, edited, reused, reposted, reproduced, transmitted, performed, displayed or otherwise used or distributed by any mechanical or electronic means without the expressed written permission of PHYSICIANS FORMULA. Accordingly, please review the website on line and do not print copies of the website or distribute the website, or use the website contents for purposes of any writing.

Please be advised that all trademarks, logos, designs, product names, whether or not appearing in large print or with trademark symbols, are trademarks of PHYSICIANS FORMULA, its affiliates, subsidiaries and related companies or its licensors or joint venture partners. The distribution, downloading, editing, modification, reuse, reproduction, reposting, transmission, performance, display or other uses of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander or libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that PHYSICIANS FORMULA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

A variety of information, advice, recommendations, messages, comments, posts, graphics, photographs, videos, images, data and other materials (“Content”) may be available on the PHYSICIANSFORMULA.COM website. Some of the Content is provided by PHYSICIANS FORMULA or its suppliers, and other Content is provided by persons who use the PHYSICIANSFORMULA.COM website (“Users”), such as User videos, photographs, questions, comments, opinions and views posted to walls, promotion areas, chat rooms, blogs, bulletin boards or discussion forums. While PHYSICIANS FORMULA strives to keep the Content on its PHYSICIANSFORMULA.COM website accurate, complete, and up–to–date, PHYSICIANS FORMULA cannot guarantee, and is not responsible for the accuracy, completeness or timeliness of any Content, whether provided by PHYSICIANS FORMULA or its suppliers, or by Users of the PHYSICIANSFORMULA.COM website. Any questions, comments, opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to Users posting writings, videos, photographs, comments or blogs, are those of the respective User or other third party and not of PHYSICIANS FORMULA. PHYSICIANS FORMULA does not endorse and is not responsible for (and under no circumstances shall be liable for) the content, accuracy or reliability of any User writing, video, photograph, posting, question, comment, opinion, advice or statement made on the PHYSICIANSFORMULA.COM website by Users or third parties. PHYSICIANS FORMULA has the right (but not the obligation) to edit, remove or otherwise regulate information and content provided by third parties on this website.

The use of the PHYSICIANS FORMULA name, logo, trademarks, advertising slogans, or any other protected information and intellectual property that appears on the website to sell any non-PHYSICIANS FORMULA product or to promote any services is expressly prohibited.

NO REPRESENTATIONS OR WARRANTIES

PHYSICIANS FORMULA will use reasonable efforts to include accurate and up–to–date information on PHYSICIANSFORMULA.COM, but PHYSICIANS FORMULA makes no warranties or representations as to its accuracy.

The purpose of the website is to share useful information, but the information provided should not be treated as a representation, warranty, or guarantee of any kind. All users agree that all access and use of PHYSICIANSFORMULA.COM and the content thereof is at your own risk. PHYSICIANS FORMULA does not intend that any statements on the website will be relied upon by any website user, and any website user should conduct their own review of the matter and not rely upon any statements on the website.

WAIVER/RELEASE OF CLAIMS

Any user of the website agrees to waive and release any claim as to damages of any kind arising out of the use of this internet site. This includes, but is not limited to, any claim that the site was in any way inaccurate, or cost time or expense, or that the product allegedly did not perform as was represented or hoped for by the website user, or caused some claimed harm or injury. The user agrees that the user is not relying on the statements made on the website.

Neither PHYSICIANS FORMULA nor any party involved in creating, producing or delivering PHYSICIANSFORMULA.COM shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use PHYSICIANSFORMULA.COM, or any errors or omissions in the content thereof. This release should be provided the maximal effect permitted by law.

THIRD PARTY WEBSITES

PHYSICIANS FORMULA makes no warranties or representations about any non–PHYSICIANS FORMULA website which you may access. PHYSICIANS FORMULA makes every effort to “link” only with websites that share our high standards. However, PHYSICIANS FORMULA has no control over links made to PHYSICIANS FORMULA websites by third parties. When you access a non–PHYSICIANS FORMULA website, please understand that it is independent from PHYSICIANS FORMULA. PHYSICIANS FORMULA cannot monitor or review the content of all websites and assumes no responsibility or liability arising from the content of such off–site pages.

Furthermore, PHYSICIANS FORMULA does not endorse or accept any responsibility for the content or the use of a third–party website that has linked to the PHYSICIANSFORMULA.COM website. We have no control over the privacy practices of websites that have linked to the PHYSICIANSFORMULA.COM website. You should review PHYSICIANS FORMULA's privacy statement and the privacy policy of any website linked to PHYSICIANSFORMULA.COM. It is up to each user to take whatever precautions are necessary to ensure Internet use which is free of offensive materials. Your linking to any off–site pages is at your own risk. By accessing PHYSICIANS FORMULA websites, each user also agrees not to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, discriminatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. PHYSICIANS FORMULA reserves the right to take such action as it deems appropriate in cases where PHYSICIANS FORMULA websites are used to disseminate such materials.

GENERAL TERMS AND CONDITIONS OF SUBMISSIONS TO PHYSICIANSFORMULA.COM:

1. You are responsible for what you post. All video, photographs, comments and/or blog postings and submissions to PHYSICIANS FORMULA are the sole responsibility of their submitter and the submitter will take full responsibility, liability, and blame for any libel, litigation or claims that result from the submitter's video, photograph, comments and/or postings, submissions to PHYSICIANS FORMULA, and/or something spoken and/or written in or as a direct result of something spoken and/or written in a comment and/or posting of any kind. The user’s submissions will be treated as consent to the use of the items submitted. The user represents that it has the consent/approval in writing to use any person’s image or statement used in the submission and that the submission does not violate anyone’s right to privacy or intellectual property rights.

2. PHYSICIANS FORMULA requests that you do not post anything that could be offensive to others. You may not post or submit to PHYSICIANS FORMULA content that you do not have rights to and that is libelous, defamatory, obscene, harassing, abusive, discriminatory, that violates a third party's right to privacy, that violates any other applicable local, state, federal or international law, or is otherwise inappropriate. Furthermore, you may not post or submit to PHYSICIANS FORMULA content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. PHYSICIANS FORMULA reserves the right in its sole discretion to remove any and all postings and reject submissions that are found to be offensive and/or that do not comply with the terms and conditions this website. PHYSICIANS FORMULA also reserves the right to terminate access to its walls, blog(s), and/or websites or take other protective steps.

3. Posting of writings, photographs / videos. You may only post or submit to PHYSICIANS FORMULA for posting writings, photographs and/or videos of content that you have created and have full rights to. PHYSICIANS FORMULA reserves the right to remove any all writings, photographs and/or videos and reject submissions that do not comply with these terms and conditions.

“From time to time you may be able to participate in certain activities on the Physicians Formula Site, such as Chat rooms or bulletin boards, which will allow you the opportunity to communicate with Physicians Formula or other users of the Physicians Formula Site. Unless otherwise noted, these activities are generally accessible to all users of the Physicians Formula Site and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums. You acknowledge and agree that Physicians Formula has the right to review, censor, and control the content of said forums and user-generated video uploads. Physicians Formula has no liability or responsibility whatsoever for information made available through these forums or video uploads, and reserves the right to remove at their discretion any content from the website, at any time; you will be liable to Physicians Formula for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to Physicians Formula Terms and Conditions of Use. Physicians Formula disclaims responsibility for any breach of security, unauthorized access by third parties is not Physicians Formula responsibility, nor is any internal breach of security or information presentation.”

4. Ownership and confidentiality of information. You may only post or submit to PHYSICIANS FORMULA information in accordance with, and not in violation of, applicable trademark, trade name, trade dress, trade secret, service mark, copyright, patent, right of privacy, and other intellectual property laws. You further certify that the information you post or submit to PHYSICIANS FORMULA will not infringe upon or violate the intellectual property rights of any other party. Anything you post the PHYSICIANSFORMULA.COM website or submit to PHYSICIANS FORMULA is provided by you on a NON–CONFIDENTIAL BASIS, and PHYSICIANS FORMULA has no obligation to keep such information confidential, refrain from using such information, or to compensate you for the receipt or use of such information. PHYSICIANS FORMULA is free to use, for any purpose whatsoever, any information you post on a PHYSICIANSFORMULA.COM website or submit to PHYSICIANS FORMULA. You hereby RELEASE PHYSICIANS FORMULA from any liability under any legal theory in connection with the use, modification, sale or disclosure of any information. Please remember that any information that you disclose on a PHYSICIANSFORMULA.COM website becomes public information. You should exercise caution when deciding to disclose your personal information. Once posted, you cannot change or remove any public postings.

5. We may ask for your name and e–mail address when you post a submission of any kind. On a PHYSICIANSFORMULA.COM website, users are identified by name and, as such, we suggest designating only your first name. Your e–mail address will not be published but will be used to possibly contact you in relation to your submissions, postings and/or comment(s). Please view our privacy policy on www.PHYSICIANSFORMULA.COM for more detail.

6. No posting of harmful content. You agree that you will not upload, post, e–mail or otherwise transmit information that contain harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots, spy–ware, or any other files, software programs, or technology that is designed or intended to disrupt, interrupt, damage, destroy, intercept, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise perform a malicious action.

7. Participants and Registrants must be of age 18 years and over.

8. Notice and Procedure for making Claims of Copyright Infringement. You agree that you will not upload, post or otherwise transmit any communications or content of any type that infringe or violate any rights of any party. If you are a copyright owner or an agent thereof and believe any material available via the posting areas of the PHYSICIANSFORMULA.COM site infringe a copyright, you should notify PHYSICIANS FORMULA using the notice procedure for claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. Section 512(c)(2) (“DCMA”). Upon PHYSICIANS FORMULA's receipt of a proper notice of claimed infringement under DCMA, PHYSICIANS FORMULA will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures of the DCMA. PHYSICIANS FORMULA's Designated Agent to whom you should address infringement notices under the DCMA is:

Service Provider: PHYSICIANS FORMULA USA Inc. Name of Agent Designated to Receive Notification of Claimed Infringement: Director of Marketing Communications

Full Address of Designated Agent to which Notification Should be Sent: 1055 W. 8th St., Azusa, CA 91702

E–Mail Address of Designated Agent: inquiry@physiciansformula.com

To be effective, the notification must be a written communication that includes the following:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing with enough detail so that PHYSICIANS FORMULA may locate the material;
  • A statement by you that you have a good–faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty or perjury that: (1) the information in the notification is accurate; (2) that you are the owner of an exclusive right that is allegedly infringed or you are authorized to act on behalf of that owner;
  • Information reasonably sufficient to permit us to contact you, including your address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
  • Your physical or electronic signature.