Terms & Conditions

1. Introduction

These are the terms of use (“Terms of Use”) for your use of services or features on our site owned and controlled by Pigment Cosmetics, Inc. (“Pigment”). We typically add beauty offerings and services and these Terms of Use will govern those new offerings. Regardless of whether you are accessing our Site from a computer, a mobile or phone device these Terms of Use govern your use of our Site and your conduct. BY USING THE SITE,YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as facebook, twitter, instagram, you Tube among others (“Third Party Sites”). Our Terms of Use and other areas of our Site provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with our Interactive Services, including services that involve Third Party Sites. We do not control those Third Party Sites, and these Terms of Use, our Guidelines and Rules do not apply to those sites.

By using the Pigment site, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. Pigment reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Pigment decides to change these Terms of Use, it will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF SAID CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITE.

2. Copyright

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) 2009-2017 Pigment Cosmetics, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Pigment and protected by U.S. and international copyright laws. Any use of material on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Pigment is strictly prohibited.

3. Product Information

The products displayed on the Site can be ordered and delivered only within the U.S.. Pigment products displayed on the Sites may be available in select retail stores in the U.S.. All prices displayed are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pigment..

All material and information presented by Pigment is intended to be used for personal educational or informational purposes only. The statements made about products that have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Pigment are not intended to diagnose, treat, cure or prevent any condition or disease. Pigment products are strictly for vanity and beauty. If any minor uses any goods or product from Pigment it should be only after the legal or parental guardian have read or requested the ingredient list of the product and if needed consulted with the minor’s doctor. All products should be used strictly in accordance with their instructions, precautions and guidelines.

The products available on the Site and the Interactive Services, including any samples Pigment may provide, are for your personal use only. If authorized by your local authorities and with proper licenses and permissions you may sell or resell Pigment products you purchase or otherwise receive from Pigment.. We reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided that may result in a violation of these Terms of Use, as determined by Pigment in its sole discretion.

4. Color Information

While Pigment has tried to accurately depict product colors actual colors you see will depend on your monitor and may not be accurate.

5. Responsibility for your Content

You are solely responsible for content that you upload, post, email or otherwise transmit via or to the Site, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). No content will be accepted unless you are a registered user of the Site.

6. Your Use of Content on the Sites and Limitation of Liability

Pigment provides the Site and the Interactive Services and all other applications and services on the Site as a purchasing tool for products sold on its site,. Pigment is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site. 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 Pigment, therefore it 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 Pigment shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you..

You may access the Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

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. Pigment reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.

7. Your Content Submissions

By submitting Content to Pigment, 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;
• You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Pigment to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);
• All “moral rights” that you may have in such Content have been voluntarily waived by you 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 are at least 16 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use;
• and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You also represent and warrant that any Content you submit:
• Is not false, inaccurate or misleading;
• Does not harm others;
• 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;
• does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
• Complies in all respects with these Terms of Use, Privacy Policy and all Guidelines and Rules;
• 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. Pigment does not endorse any Content or any opinion, recommendation or advice expressed therein, and disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to Pigment through the Interactive Services, (a) such Content is not confidential or proprietary and Pigment has no obligation of confidentiality, express or implied, with respect thereto; (b) Pigment 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 Pigment under any circumstances unless you are otherwise notified in writing.

For any Content that you submit, you grant Pigment a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

8. Guidelines for Interactive Services

We want to know what you think of the products you’ve tried, bought, know and love and we encourage you to give us your feedback. When writing a review, posing a question or participating in an active forum please consider the following guidelines:

• Focus on the product and your individual experience using it;
• Provide details about why you like or dislike a product; and
• All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.

You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Pigment official, forum moderator, guide or host, 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 data about other users.

Your review will be excluded or withdrawn if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.

9. Third Party Content and Third Party Sites

Pigment may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Pigment does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship with such third party. Pigment does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Pigment is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Pigmentthrough the Interactive Services, does not necessarily reflect Pigment’s views..

10. Mobile Services

If you access the Site via your mobile device please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

11. Modification of Content

Submitted content is not confidential and may be used at Pigment’s sole discretion. Pigment may or may not pre-screen Content. Pigment has the right (but not the obligation) in its sole discretion to pre-screen, change, condense or delete any Content on its Site. In particular, Pigment and its designees will have the right to remove any Content that it deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Pigment reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Pigment, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

12. Reservation of Rights

Pigment reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Site and to block or prevent your future access to and use of the Interactive Services and the Sites. Pigment may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Pigment (and its employees), its users and the public.

13. Disclaimer of Warranties

Pigment IS PROVIDING THE SITES, ITS CONTENTS AND THE INTERACTIVE SERVICES ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Pigment DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Pigment DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES 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. Price and availability information is subject to change without notice.

14. Disclaimer of Liabilities

Pigment 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 DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.

15. Indemnification

You agree to defend, indemnify and hold harmless Pigment (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site and the Interactive Services.

16. DMCA

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Pigment’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); and
• 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. Notices of copy infringement can sent as follows:

17. 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.

18. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pigment’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

19. Dispute Resolution

If a dispute should arise between you and Pigment, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling (415) 357 1117. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND Pigment AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

20. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Pigment agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Pigment’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Pigment may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through American Arbitration Association (AAA). Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The AAA Rules and instructions for how to initiate an arbitration are available from AAA at https://www.adr.org. To initiate arbitration, you or Pigment must do the following things: Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.adr.org

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local AAA office

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Pigment, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pigment.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Pigment in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Pigment WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

21. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.

22. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Pigment, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.