These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Bluemercury, Inc. ("Bluemercury"),including but not limited to bluemercury.com (the "Sites"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through a smartphone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services ("Interactive Services"), such as our Product Ratings & Reviews and Beauty Junkie Profile functionality, and these Terms of Use govern your use of those Interactive Services.
 
We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook and Instagram
 
("Third Party Sites"). Our Terms of Use and other areas of our Sites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including services that involve Third Party Sites, but Bluemercury does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Bluemercury does not own or control, or to the actions of people that Bluemercury does not employ or manage. You should always check the terms of use posted on Third Party Sites.
 
By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.
 
Bluemercury 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 Bluemercury decides to change these Terms of Use, Bluemercury will post a new version on the Sites 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 Sites following posting of any 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 Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates to understand the terms and conditions that apply to your use of the Sites.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 1999-2016 Bluemercury, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Bluemercury and protected by U.S. and international copyright laws. All software used on the Sites is the property of Bluemercury 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 Sites for the sole purpose of placing an order with Bluemercury, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Bluemercury is strictly prohibited.

Trademarks

Bluemercury and all Site page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Bluemercury and may not be used in connection with any product or service that is not offered by Bluemercury in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bluemercury. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S. and through U.S. Military APO locations. Bluemercury products displayed on the Sites may be available in select Bluemercury retail stores in the U.S. and certain foreign markets. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from Bluemercury 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 by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bluemercury.
 
All material and information presented by Bluemercury is 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 and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, 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 Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for 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. Bluemercury does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Bluemercury does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
 
The products available on the Sites and the Interactive Services, including any samples Bluemercury may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Bluemercury. Bluemercury reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Bluemercury in its sole discretion.

Color Information

While Bluemercury has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Responsibility For Your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, 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, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.

Your Use Of Content On The Sites And Limitation Of Liability

Bluemercury provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Bluemercury is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites 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 Sites or any Third Party Site, including through the Interactive Services, is not controlled by Bluemercury. Bluemercury 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 Bluemercury 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 Bluemercury 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 Sites or through the Interactive Services.
 
You may access the Content and any other content on the Sites 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 Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Bluemercury reserves all rights not expressly granted in and to the Content.

Your Content Submissions

By submitting Content to Bluemercury, you represent and warrant that:

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 use our Interactive Services. When writing a review as a Review and Rating, providing your online profile or participating in other Interactive Services, please consider the following guidelines:

Disclaimer

BLUEMERCURY IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICESON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPliED, WITH RESPECT TO THE OPERATION OF THE SITES ORINTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDEDON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENTPERMITTED BY LAW, BLUEMERCURY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABIliTY AND FITNESS FORA PARTICULAR PURPOSE. IN ADDITION, BLUEMERCURY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES ISACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
 
BLUEMERCURY WILL NOT BE liABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES 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.

Applicable Law

The Sites and Interactive Services are created and controlled by Bluemercury in the District of Columbia, U.S.A. As such, the laws of the District of Columbia will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Bluemercury reserves the right to make changes to its Website and these Terms of Use at any time.

Our Address

Bluemercury, Inc.
1010Wisconsin Avenue
Suite 700
Washington, D.C. 20007

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.

General

Any claim or dispute between you and Bluemercury that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia, U.S.A. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. 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 Bluemercury's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. TO THE EXTENT PERMITTED BY APPliCABLE LAWS, YOU AND BLUEMERCURY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.