All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites are the exclusive property of SB and are protected by Canadian and international copyright and other intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of SB. All software used on the Sites is the property of SB or its software suppliers. 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 SB, 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 SB is strictly prohibited.
shopbeauty.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of SB and may not be used in connection with any product or service that is not offered by SB in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SB. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Salon Finder
The Site has a Salon Finder feature designed to help connect customers with nearby Stylists and Salons. This feature is provided by SB “as is” and without all faults. SB makes no representations or warranties of any kind, either express of any kind with regard to the stylist and salon locator, its accuracy, truthfulness or reliability.
Customers who are linked to a Salon are able to make returns through this salon (see Terms of Sale for more details on Returns)
- Product Information
The products displayed on the Sites can be ordered and delivered only within Canada and the U.S. All prices displayed on the Sites are quoted in Canadian and US Dollars depending on your region and are valid and effective only in both countries. If any minor uses any goods or product from SB 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, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SB.
- Color Information & Product Images
While SB has tried to accurately display the colors of products and the product images, the actual colors and products you see will depend on your monitor and may differ from the actual product delivered.
- 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, graphics, 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
SB provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. SB 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 SB. SB makes no representation regarding and 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 SB shall not be liable for any such Content and that the SB of harm or damage from the foregoing rests entirely with you. Under no circumstances will SB 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 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. SB reserves all rights not expressly granted in and to the Content.
- Your Review/Content Submissions
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, please consider the following guidelines:
If you are reviewing or discussing a product:
- Focus on the product and your individual experience using it
- Provide details about why you like or dislike a product; and
All submitted reviews are considered and read by SB. SB reserves the right to withdraw or decline any submitted reviews. Your review may be prohibited if it violates any of the following:
- Obscene language, language that may be viewed as being discriminatory or offensive, or any language not appropriate for public viewing.
- Spam content, references to other products not distributed by Modern Beauty, advertisements etc.
- Any material or content in which you do not have rights to or which is not
- Any personal contact information including, but not limited to, telephone number, email address, social media information, physical addresses etc.
- Any negative, demeaning commentary of other review posts or the blogger.
- Examinations of medial claims or conditions as a result of product usage.
- If you have any inquiries regarding pricing, ordering, delivery or other related customer service topics, please visit the Contact Us page. Do not submit such claims on the product reviews.
By submitting Reviews/Content to SB, 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 Sites, the Interactive Services and potentially Third Party Sites;
- 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 also represent and warrant that any Content you submit:- 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, libellous, 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;
- 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.
- There may be a delay between the time Content is submitted and the time it is posted. SB reserves the right to (but has no obligation to) review any Content, remove any Content for any or no reason and not to publish any Content for any or no reason.
SB does not endorse any Content or any opinion, recommendation or advice expressed therein, and SB disclaims all liability with respect to the Content.
- Third Party Content and Third Party Sites
SB may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. SB 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 between SB and such third party. SB does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. SB 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 SB through the Interactive Services; do not necessarily reflect the views of SB.
- Mobile Services
If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
- Modification of Content
- Reservation of Rights
SB is providing the sites, their 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, SB disclaims all such representations and warranties, including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by SB to the fullest extent permitted by law. In addition, SB does not represent or warrant that the information accessible via the sites or the interactive services is accurate, complete or current. Price and availability information is subject to change without notice.
To the fullest extent permitted by law, SB and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to The Sites or this Agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by SB or any person for whom SB is responsible, and even if SB has been advised of the possibility of such loss or damage being incurred.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
Every effort is made to keep The Sites up and running smoothly. However, SB takes no responsibility for, and will not be liable for, The Sites being temporarily unavailable due to technical issues beyond our control.
- Applicable Law
- Copyright Infringement
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide SB’s designated copyright agent with the information referred to above, along with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of your interest or right with respect to the copyright in the work or content; and
- The date and time of the commission of the claimed infringement;- A description of where the material that you claim is infringing is located on the Sites;- 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.
- 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.