Terms & Conditions
Last Updated: May 2018
1. Terms of Website Use
This Site is not designed for and does not collect, use, or disclose personal information from children under the age of 13.
In addition to these terms and conditions for use of the website, each Pro Artist shall be subject to the Pro Artist Agreement between the Pro Artist and the Company and each Retailer shall be subject to the applicable Retail Distribution Agreement between the Retailer and the Company. In the event of any conflict or discrepancy between these terms and conditions and the Pro Artist Agreement or Retail Distribution Agreement applicable to the named Pro Artist or Retailer, the terms and conditions of the Pro Artist Agreement or Retail Distribution Agreement, as the case may be, shall prevail.
THE SECTION BELOW ENTITLED "DISPUTES'' CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY(I) TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND (II) TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. Copyright and Ownership of Rights
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 ©2018 Kevyn Aucoin ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of KAB or its affiliates and is protected by inter alia, U.S. and international copyright laws. All software used on the Site is the property of KAB or its software suppliers and is protected by U.S. and international copyright laws. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission in each instance. You may not modify, delete, distribute or post anything on this Site for any purpose.
3. Intellectual Property
kevynaucoin.com, other trademarks, logos and service marks as well as all page headers, custom graphics and button icons are registered and unregistered service marks, designs, trademarks, and/or trade dress ('intellectual property') of KAB our affiliates, our licensors and/or our suppliers in the United Kingdom, and the United States and may not be used in connection with any product or service that is not offered by KAB in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All intellectual property displayed on our Site are protected by trademark laws in the United Kingdom, the United States and internationally. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
4. Accuracy of Content
The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. We have made every effort to display as accurately as possible the color of the products that appear on the Site. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, KAB disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any Third Party Sites. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site or in Third Party Sites.
5. Damage To Your Computer
KAB makes every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. KAB will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
6. 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.
7. Limitation of Liability
The Site and its content and services are presented "AS IS". To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content or services, whether express or implied.
We will not be liable to any user for any loss or damage, in contract, warranty or in tort (including negligence) arising under or in connection with:
- use of, or inability to use, our Site; or
- inaccuracies or omissions in any content displayed on our Site.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect, special, incidental or consequential loss or damage.
The preceding provisions are subject to the terms of the section entitled ‘Notice to the residents of New Jersey’.
9. Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- 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; or
- To 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.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
10. Submission of Information
11. User Generated Material
By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Site (or to our accounts on any Third Party Sites), you accept and agree that you assign and /or waive all ownership of and rights (including moral rights) in or to any intellectual property rights and other rights in the User Generated Material to KAB. To the extent such transfer is not valid, you grant KAB, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.
All User Generated Material shall be deemed to be non-confidential. KAB shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against KAB or any other party should any User Generated Material created, posted or sent by you be used in the above sense by KAB or any part of its group.
You warrant that:
- you own or are otherwise entitled to any and all rights in any User Generated Material;
- any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;
- any User Generated Material is original and is not copied in whole or in part from any third party;
- any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and
- you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.
You agree that KAB:
- does not, and has no obligation to, review the User Generated Material;
- is not in any manner responsible for User Generated Material;
- does not guarantee the accuracy, integrity or quality of User Generated Material; and
- cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.
Notwithstanding the foregoing, KAB reserves the right to moderate all User Generated Material, and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. KAB is under no obligation to inform you of the reasons for such intervention.
No failure to exercise and no delay on the part of KAB in exercising any right, remedy, power or privilege of KAB under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of KAB.
13. Notice of Residents of New Jersey
14. Reservation of Rights
In order to request information or apply to be a Pro Artist or Retailer, you must register with the website. By registering with us, you represent that you are of a legal age to form a binding contract and are not prohibited or barred from registering with us. You also agree that you will provide true, accurate and current information about yourself and will update your registration information whenever there is a change. We reserve the right to suspend or terminate your use of the website and/or your status as a Pro Artist or Retailer if we learn (or have reason to believe) that you have provided us with false, incomplete or inaccurate information. Once you register with us, we will communicate with you primarily through the email address that you used when registering. You can communicate with us by contacting us.
You will select a username and password when you register with us. You are responsible for maintaining the confidentiality of your password and your account information. We will hold you responsible and accountable for all activity that occurs under your password or in your account. You must notify us immediately if you believe that your password has been compromised or your account is violated. We do not accept any liability for any loss or damage occurring to you if you fail to comply with the requirements of this paragraph.
Your account may not be assigned or transferred to anyone else, during your lifetime or via survivorship rights following your death. Any assignment or transfer in violation of this prohibition shall be null and void.
17. Digital Millennium Copyright Act (DMCA)
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide KAB's designated copyright agent the following written information in accordance with 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 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.
Our DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is the Managing Director of KAB, who can be reached as follows:
Kevyn Aucoin Customer Service
18. 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.
19. Consent to Receive Notices Electronically
Any claim or dispute between you and KAB that arises in whole or in part from the Site shall be decided exclusively before a Judge in a court of competent jurisdiction located in New York. YOU WILL NOT HAVE THE RIGHT TO ELECT THAT A JURY DECIDES YOUR CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence is subject to the section entitled ‘Notice to the residents of New Jersey’.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OF REPRESENTATIVE PROCEEDING.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO AGREE TO THE TERMS OF THIS SECTION.