TERMS & CONDITIONS
Your use of and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit siriusbeauty.com.
In addition to reviewing this Agreement, you should also read our Privacy and Security Policy to better comprehend how we collect and use your personal information. Your use of the site and its Services constitutes your agreement to its terms and conditions.
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Sirius Phototherapeutics LLC reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Sirius Phototherapeutics LLC also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of siriusbeauty.com, which may be posted in the relevant parts of siriusbeauty.com, and will be clearly identified. Your continued use of siriusbeauty.com constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Sirius Phototherapeutics LLC’s other remedies. Sirius Phototherapeutics LLC further reserves the right to terminate, without notice, any user's access to or use of siriusbeauty.com for any reason.
Sirius Phototherapeutics LLC reserves the right without notice, at any time and for any reason, to terminate siriusbeauty.com or any portion thereof or any products or Services offered through siriusbeauty.com.
OWNERSHIP OF THE SITE AND SITE INFORMATION
siriusbeauty.com is expressly owned and operated by Sirius Phototherapeutics LLC. Unless otherwise noted, the design and content features on siriusbeauty.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by Sirius Phototherapeutics LLC or its affiliates or are licensed from third party service providers by Sirius Phototherapeutics LLC. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
SITE INFORMATION IS PROVIDED "AS IS"
Site Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. siriusbeauty.com may change, delete or update any Site Information at any time and without prior notice.
USE OF THE SERVICE BY YOU
You may view and use the Site Information only for your personal information and for shopping and ordering on siriusbeauty.com. Except as set forth in this Agreement, siriusbeauty.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the site and the Services is personal to you -- you may not authorize others to use the site and the Services, and you are responsible for all use of the site and the Services by you and by those you allow to use, or provide access to, the site and the Services. You agree to use the site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
NON-COMMERCIAL USE ONLY
siriusbeauty.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the site for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Sirius Phototherapeutics LLC. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The site and the Services are not intended for users under the age of 18. To register for any Services offered on siriusbeauty.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use siriusbeauty.com in conjunction with your parents or guardians. Sirius Phototherapeutics LLC does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Sirius Phototherapeutics LLC. If a child under 13 submits information through any part of siriusbeauty.com, and Sirius Phototherapeutics LLC becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
SHOPPING CART ORDERS
At this time, when you request to purchase items in your shopping cart, we will forward your request and certain account information to the applicable e-commerce service provider for processing. The sales transaction will occur and be consummated on the service provider's site and not on siriusbeauty.com.
Sirius Phototherapeutics LLC may make certain Services available to registered users and facilitate such users' ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials ("Content"), to Public Areas and/or private portions of siriusbeauty.com, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of siriusbeauty.com, you agree not to post any unacceptable Content ("Unacceptable Content").
Unacceptable Content includes, but is not limited to, Content that is:
* Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
* Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
* Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy;
* Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes;
* Is libelous, defamatory, or knowingly false or misrepresents another person;
* Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
* Promotes an illegal or unauthorized copy of another person's copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
* Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing or spamming, or unauthorized advertising;
* Is harmful to Sirius Phototherapeutics LLC or any other party's systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
* Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
* Consists of any other Content that Sirius Phototherapeutics LLC in its sole discretion deems to be Unacceptable Content.
USE OF CONTENT SUPPLIED BY YOU
non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.
CONTENT POSTED BY USERS IS NOT ENDORSED BY SIRIUS PHOTOTHERAPEUTICS LLC
Sirius Phototherapeutics LLC does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on siriusbeauty.com. Any Content placed on siriusbeauty.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Sirius Phototherapeutics LLC or its third party service providers. Sirius Phototherapeutics LLC reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on siriusbeauty.com, in its sole discretion, without notice. You agree that Sirius Phototherapeutics LLC and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to siriusbeauty.com by others, including Unacceptable Content that violates this Agreement.
THIRD PARTY LINKAGES
You acknowledge that Sirius Phototherapeutics LLC has not reviewed and does not endorse the content of third party sites linked to and from siriusbeauty.com and is not responsible for the content or actions of these other sites, including those third party sites that may display Sirius Phototherapeutics LLC’s logo or branding. Your linking through siriusbeauty.com to any site is at your own risk.
Sirius Phototherapeutics LLC respects the intellectual property of others, and we ask our users to do the same. Sirius Phototherapeutics LLC may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on siriusbeauty.com in a way that constitutes copyright infringement, or that siriusbeauty.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Sirius Phototherapeutics LLC in writing by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512, to Sirius Phototherapeutics LLC's address set forth below, to the attention of "Sirius Phototherapeutics LLC Copyright Agent."
You agree to indemnify Sirius Phototherapeutics LLC and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Content submissions, from your unauthorized use of the Services or Site Information obtained through siriusbeauty.com, or from your breach of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SIRIUS PHOTOTHERAPEUTICS LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. SIRIUS PHOTOTHERAPEUTICS LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SIRIUSBEAUTY.COM. SIRIUS PHOTOTHERAPEUTICS LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH SIRIUSBEAUTY.COM, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SIRIUSBEAUTY.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SIRIUS PHOTOTHERAPEUTICS LLC, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
THE SECURITY OF SIRIUSBEAUTY.COM
We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard siriusbeauty.com, our systems and our customers' personal information. For example, for the security of your online visit to siriusbeauty.com, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Sirius Phototherapeutics LLC cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with siriusbeauty.com.
When you visit siriusbeauty.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on siriusbeauty.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
JURISDICTION AND GOVERNING LAW
Sirius Phototherapeutics LLC makes no representation that the Site Information, the Services or products offered through siriusbeauty.com are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through siriusbeauty.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in northern California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
SIRIUSBEAUTY.COM IS FOR USE IN THE UNITED STATES
Siriusbeauty.com is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of siriusbeauty.com, by visiting our website, using its Services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
The Aurora, Skinsonic and siriusbeauty.com names and logos are trademarks of Sirius Phototherapeutics LLC. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.