Thank you for visiting our site which is owned and operated by Ecologia Inc. (collectively, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”) carefully before using the services. These terms of use set forth the legally binding terms of use for your use of this site and any related services, features, content, apps, widgets offered (the “site”) or any purchases you make.
These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes.
1. PRIVACY
We have developed a Privacy Policy to inform you of our practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Policy, which is incorporated into these Terms of Use and by using this Site you agree to the terms of the Privacy Policy.
2. GENERAL TERMS OF USE
Unless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
3. ELIGIBILITY
You represent and warrant that you:
1. Are above the legal age of majority in your jurisdiction of residence.
2. Have not previously been suspended or removed from the Site
3. Do not have more than 1 (one) account at any given time for the Site.
4. You will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, or suspect fraudulent use of the site via any automated tools or otherwise, we may deny or terminate your access to the Site or Services (or any portion thereof)
5. That you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.
4. YOUR ACCOUNT
To create Account, you provide your name, email address and select a password (collectively, your “Account Information”), which you must not transfer to or share with any third parties. If someone accesses our website using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access our website under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us if you become aware that your Account Information is being used without authorization. You agree not to register more than one Account and register Account on behalf of an individual other than yourself without such individual's authorization.
5. USER CONTENT
We welcome user comments, information and submissions. Users of the website, from time to time, may have an opportunity to post ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”). Subject to our Privacy Policy, all User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
6. REVIEW OF SUBMISSIONS
We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not monitor, review, edit or delete the User Content posted by you and other users on the Site. We retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to:
1. satisfy any applicable law, regulation, legal process or governmental request,
2. enforce these Terms of Use, including investigation of potential violations hereof
3. detect, prevent, or otherwise address fraud, security or technical issues,
4. respond to user support requests
5. protect our rights, property or safety, users of the Site and the public.
7. USER CONDUCT
By posting User Content by using any communications service or other interactive service that may be available to you on or through the Site, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with Our website.
By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the Site to:
1. upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion;
2. harm any person in any way
3. upload, post, e-mail, or otherwise transmit any User Content that:
3.1. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;
3.2. infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party
3.3. you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
4. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity
5. obtain unauthorized access to any system, data, password or other information
6. interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site
7. intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law
8. upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability
9. for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services
10. solicit others to join or become members of any other commercial online service or other online or offline group or organization
11. impersonate any other person or entity, including by providing any false personal information to us (including a false user name) or creating any account for anyone other than yourself
12. submit any person’s identification documents or sensitive financial information;
13. breaches the Privacy Policy.
Violation of any of the foregoing may result in immediate termination of your license to access or use Our website and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to determine whether a violation of the Terms of Use has occurred or comply with any applicable law, regulation, legal process or governmental request.
8. NO ENDORSEMENT
We do not control User Content posted on the Site and we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
9. OUR RIGHT TO USE USER CONTENT
If you choose to submit User Content, it will be deemed nonproprietary and non-confidential and may be used by us, our affiliates or others without restriction. The User Content you submit represents and warrants that you own and control any and all rights to it and that it will not infringe or violate any third party's rights, including privacy, publicity, copyrights, contract rights, or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. As part of broadcasts, print, online or other uses or publications of your User Content, we and our designees may use your user name, city and state (and real name, image, likeness or other identifying information, if provided in connection with User Content). We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.
10. TRANSMITTING MATERIALS
Technical processing and transmission of Our website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not:
1. take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
2. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
3. bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site)
4. run any form of auto-responder or “spam” on the Site;
5. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site
6. harvest or scrape any content from the Site.
11. PRODUCT AVAILABILITY
The products and services listed on the site, as well as the descriptions of those products and services, may be available at different times and locations.
12. AUTO REFILL
You might have the option to sign up for auto-refills on this website. Until you cancel it, your subscription will remain in effect. Your credit card will automatically be charged a recurring fee (in the amount of the product chosen for auto replenishment) each time your order delivers. The frequency you specified when you chose the product will be followed by the supply schedule. There is no requirement for a minimum subscription term or purchase amount.
13. ORDERS, PROHIBITION ON RESELLING
Although it is standard procedure for us to email customers to confirm their orders, this does not signify that we have accepted their order or that we are making an offer to sell them a good or service. We have the right to impose a minimum order requirement on any good or service and/or to discontinue providing service to anyone at any time, without prior notice. In addition, we reserve the right to demand information verification before accepting and/or shipping any order.
All shipments are made in accordance with a shipment contract. This indicates that upon our delivery of such things to the carrier, ownership and risk of loss pass to you.
You are not allowed to sell anything you purchase from our website to anybody else or for a profit. Nothing you buy from this website may be sold by you or anyone else for a profit. The prices listed on the website are provided in US dollars and are only intended to be used in the US. No matter whether the order has been confirmed or your credit card has been charged, we reserve the right to refuse or cancel any order, including orders for product(s) that are listed at an inaccurate price. If your order is canceled after your credit card has already been charged for the purchase, a credit will be.
14. INTELLECTUAL PROPERTY RIGHTS
The Site and all of its contents, excluding User Content, are protected by copyright, trademark, and other laws of the United States, as well as international treaties and the laws of other countries. This protection extends to articles, other texts, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics, and button icons.The Proprietary Material is owned or controlled by Ecologia Inc or by other parties that have provided rights thereto to Ecologia Inc.
Except as otherwise specified in these Terms of Use or without our express prior written permission, you agree not to use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process currently known or later developed. It is against our copyright and other proprietary rights to modify the materials found on the Site or use them for any other reason.
15. CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Ecologia Inc respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
- 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; and
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
Your DMCA notification might not be effective if you don't follow all of the guidelines outlined above. To receive notifications of alleged infringement, our designated copyright agent is:
DMCA Agent c/o Ecologia Inc
Ecologia Inc., Arlington Heights 60005, IL, USA.
office@mycreatifs.com
After receiving a valid notice of alleged infringement, we shall process and investigate the claim and, if necessary, take prompt action to remove or restrict access to the allegedly infringing material. Additionally, we'll act quickly to notify the uploader that the material has been disabled or removed per your request.
This notification procedure does not restrict L'Oréal's capacity to exercise additional rights or pursue additional remedies to respond to infringement claims.
Account Termination. It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights.
16. ACCOUNT TERMINATION
If you are a repeat offender, we reserve the right to suspend your accounts with the Site and any or all associated websites. If you think a user is a repeat offender, please contact our copyright agent as per the above procedures and provide details that will allow us to confirm that the person is a repeat offender.
17. THIRD PARTY WEBSITES AND LINKS
The Site may contain connections to third-party Websites, services, or Internet resources (collectively, "Linked Sites"), and third-party Websites, services, or resources may link to the Site. Inclusion of links to such Linked Sites on the Sites does not imply our endorsement or approval of any information on, or access to, the Linked Sites. We are not responsible for the content, availability, advertising, products, services, or other materials of any such Linked Sites, or any additional links contained therein. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
18. THIRD PARTY MERCHANTS
You might be able to order from and receive goods, data, and services from companies that are not within our control. You and these businesses are the only parties involved in the purchase, payment, warranty, guarantee, delivery, maintenance, and any other issues relating to the goods, services, information, opinion, or advice you order from or receive from them. Such items, information, or services are not supported, warranted, or guaranteed by us. We will not participate in or be in any way liable for any transaction you may have with third parties offering you such goods, services, or information, or for preserving the privacy of such a transaction.
19. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
On the Site, we may run advertisements for third-party products and services, including in connection with co-promotions, sponsorships, and other kinds of similar partnership agreements. The safety, quality, accuracy, dependability, integrity, or legality of any such advertised items or services is not anything we support, represent, or are accountable for.
20. CONTESTS
On occasion, this website may host competitions with rewards or that ask you to submit content or personal data. You must read and accept the rules of each contest before you can enter.
21. EVENTS
You might receive an invitation or request to attend one of our sponsored events, as well as events hosted by other members and users of the Site who are not affiliated with us (collectively, "Events"). Any Events you choose to attend are at your own risk.
22. 1-ON-1 VIDEO CONSULTATION SERVICES
You might be able to use this website's video consultation function to speak with a live beauty counselor, an automated tool, or both. By utilizing the service, you consent to enabling the connection of automatic tools, a live consultation with a beauty expert, or both, using your camera. The video consultation will take place in real time and not be recorded.
When you engage in a live consultation with a beauty advisor, the advisor can respond to your inquiries, make product recommendations, and, where available, let you virtually test out products. During the video consultation, you will be able to see the suggested products, and after it is through, you can shop and make purchases. The beauty advisor is aware of the page you were reading when you connected to our service in order to assist us in giving you the greatest experience and suggestions.
By using video consultation features, you agree to be bound by these Terms of Use and comply with its provisions, including provisions related to User Conduct.
23. USE OF SOFTWARE
We could offer you the chance to download or use software. Such software shall be governed by the terms of the accompanying licensing agreement. The following license, in addition to the other provisions of these Terms of Use, governs your use of such software if no licensing agreement is provided to you along with it. We give you a restricted license to install the software on one computer personally, non-exclusively, and without transfer. The software is held by us or our suppliers and is protected by copyright and other intellectual property laws and treaties. You can't:
1. copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder
2. incorporate it or any portion of it into another product
3. reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law)
4. export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government
5. modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
To enhance the functionality and performance of your program, we might automatically check for updates. The software may be harmed and/or cease to function if you shut it down during an automated update or interfere in any other way with its installation.
24. TERMINATION
For any reason, or no reason, at any time, in our sole discretion, with or without prior notice to you, and with or without cause, we may suspend or terminate your access to the Site, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect, or feature of the Site). This could result in the forfeiture and destruction of all information related to you and your activities in conn By following the directions on the Site, you can close your account if you so want. In the event of termination, you will still be bound by your obligations under these Terms of Use.
25. GOVERNING LAW; GENERAL INFORMATION
From our offices in the State of New York in the United States of America, we manage and run the Site. Although we welcome visitors from all over the world to the Site, visitors understand that the laws of the United States of America and the State of New York govern the Site and all activities offered on and through it. We make no claims regarding the suitability or accessibility of the materials on the Site for use elsewhere. People who access the Site from other locations do so voluntarily and are in charge of adhering to local laws there.
You agree that the laws of the State of Illinois, excluding its conflict of laws rules, and these Terms of Use, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site resides in the courts of the State of Illinois, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
26. ARBITRATION
By using this website, you agree that Ecologia Inc or one of its affiliates at its sole discretion, may require that
1. any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant
2. the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration
3. judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.
In legal or administrative proceedings based on or relating to the Terms of Use, a printed version of the Terms of Use and any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use supersede all past or contemporaneous discussions and proposals (whether oral, written, or electronic) between you and us with respect to the Site and any User Content and constitute the entire agreement between you and us with respect to those issues. The remaining provisions of these Terms of Use will remain fully valid, binding, and enforceable even if one or more of them are determined to be unlawful or unenforceable. Any additional rights under this agreement are not waived by any party's failure to exercise any of the rights provided for herein in any manner. As a result of these Terms of Use, no agency, partnership, joint venture, or employment relationship is created, and neither party has any kind of power to bind the other in any way.
27. NOTICES
All notices under these Terms of Use, unless otherwise specified in these Terms of Use, will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day following the date of sending, if sent for next day delivery by a recognized overnight delivery service.
Use one of the options listed on our Contact Us page to get in touch with us. You acknowledge and agree that we may contact you with respect to your use of the Site by email, general notices displayed on the website, or written communications delivered by overnight courier or US mail to the email or mailing address that is currently listed in our database.
These Terms of Use were last updated: 15.November.2023.