If you register for a Celavi account, you will have four pages associated with your Celavi account, including a Profile page, Beauty Insider page, Lists Page (which includes your Loves), and Account page. Your Beauty Insider page, Lists Page, and Account page are not visible to anyone but you.
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) 1999-2018 Celavi USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Celavi and protected by U.S. and international copyright laws. All software used on the Sites is the property of Celavi 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 Celavi, engaging with the Community 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 Celavi is strictly prohibited.
Mycelavi.com and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Celavi and may not be used in connection with any product or service that is not offered by Celavi in any manner that is likely to cause confusion among customers. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
4. Product Information
The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of myelavi.com for more information. Celavi products displayed on the Sites may be available in select Celavi retail stores in the U.S. and certain foreign markets. All prices displayed on mycelavi.com are quoted in U.S. Dollars and are valid and effective only in the U.S. 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 Celavi.
All material and information presented by Celavi is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Celavi are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Celavi it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
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. Celavi 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. Celavi 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.
Except where prohibited by law, Celavi may limit the number of products available for purchase.
5. Color Information
While Celavi has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
6. 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 the Community or otherwise, including the submission of product Ratings & Reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, 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 and a member of the community.
7. Your Use of Content on the Sites and Limitation of Liability
Celavi provides the Sites and the Community and all other applications and services on the Sites as a forum only. Celavi 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 Community. 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 Community, is not controlled by Celavi. Celavi cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and Celavi 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 Celavi 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 Community. The preceding sentence does not apply to New Jersey residents.
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. Celavi reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
8. Your Content Submissions
By submitting Content to Celavi and participating in the Community, you represent and warrant that:
♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites;
♦ You understand that your Content may be utilized and distributed by Celavi in its marketing materials, including but not limited to, mycelavi.com, Celavi emails, social channels, and store materials;
♦ You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in sweepstakes or contest or a coupon) in exchange for providing content for posting content on Celavi’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in such post. All disclosures must be made clearly and conspicuously;
♦ 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, trolling, bullying, libelous, 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 relevant to the product being rated and reviewed or about which a question or answer is submitted;
♦ Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
♦ Does not impersonate any person or entity, including, without limitation, any Celavi official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Sites or Community to collect or store personal information about other users.
Celavi does not endorse any Content or any opinion, recommendation or advice expressed therein, and Celavi disclaims all liability with respect to the Content posted by third parties.
If your Content includes ideas, suggestions, documents or proposals to Celavi through the Community, (a) such Content is not confidential or proprietary and Celavi has no obligation of confidentiality, express or implied, with respect thereto; (b) Celavi may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Celavi under any circumstances unless you are otherwise notified by Celavi in writing.
9. Celavi Community
The Community is an online social platform located on mycelavi.com and the Celavi To Go Application. Community membership is now a prerequisite in order to engage with certain Celavi platforms, including Loves, Groups, Conversations, the Gallery, and Ratings & Reviews. You must be age 13 years or older and a legal resident of the United States or Canada to be eligible for Community membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
In order to become a Community member, you must register for a Celavi account and a Beauty Insider account and you must select a nickname.
After you become a Community member, some of the information associated with your Community membership can be seen by everyone on your Profile page and some information can only be seen by you on your Profile page. Everyone will be able to see your featured profile photo or avatar and banner photo, your nickname, the number of Beauty Insiders that you follow and that follow you, your Beauty Insider status, your shared “About You” content, and your shared Instagram and YouTube handles. Everyone will also be able to see your skin tone and type, hair color and type, eye color, Color IQ, and age range, unless you adjust the privacy settings on your Profile so that these personal traits are seen only by you on your Profile. Your selected personal traits such as skin concerns and hair concerns are not visible to everyone on your Profile page, but will be visible to everyone, along with your age range, if you post Content to Ratings & Reviews. Your profile photo or avatar and banner photo, your “About You” content, and your personal characteristics may be edited by you at any time.
Other information is available on your Profile page, including:
Any Celavi Groups that you join based on your interests will appear under My Groups. You can join and leave various Groups at any time. If you do not join any Groups, this tab will be called “Featured Groups” and will be populated with suggested Groups that may be based on your account activity. Featured Groups on your Profile page are only visible to you.
My Recent Conversations
Any conversations that you engage in via Conversations (including those you have previously engaged in on Beauty Talk) will appear under My Recent Conversations. If you do not engage in any Conversations, this tab will be called “Featured Conversations” and will be populated with suggested Conversations that may be based on your account activity. Featured Conversations on your Profile page are only visible to you.
You may also contact Celavi or a Beauty Insider directly by clicking “Messages” on your Profile page.
Any photographs or videos submitted by you to the Gallery (including those you have previously uploaded to the Beauty Board) will appear under My Looks. If you don’t submit any photographs or videos, this tab will be called “Featured Looks” and will be populated with suggested Looks that may be based on your account activity. Featured Looks on your Profile page are only visible to you.
My Recent Reviews
Any product ratings and reviews submitted by you (including those you have previously submitted as part of Ratings & Reviews) will appear under My Recent Reviews.
Review Recent Purchases
This area will populate with products you have purchased at Celavi but not yet reviewed. This section can only be seen by you.
Products Recommended For You
Celavi will suggest certain products to you under “Products Recommended For You.” This section can only be seen by you.
Celavi may add new features to Community from time to time.
Please email Customer Service at email@example.com if you have questions about your Celavi account or your Community membership, including how to privatize your Profile page and to remove some of your Community activity. For example, you have the ability to delete photographs or videos that you have posted to the Gallery and you can delete “About Me” information and deselect certain secondary Beauty Insider traits (skin concern, hair concern, skin type, and hair type). Customer Service can delete your Ratings & Reviews or posts to the Beauty Board. Customer Service can also delete your Profile photo/avatar and banner photo. Please note that not all information can be deleted at the present time but any remaining information will not be readily available to other users if you privatize your Profile page and/or delete your Community activity in accordance with the instructions above and do not share your nickname.
10. Third Party Content and Third Party Sites
Celavi may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Celavi 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 Celavi and such third party. Celavi does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Celavi 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 Celavi through the Community, do not necessarily reflect the views of Celavi.
11. Mobile Services
12. Modification of Content
13. Reservation of Rights
14. Disclaimer of Warranties
CELAVI IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY 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 THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, CELAVI DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CELAVI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
15. Disclaimer of Liabilities
CELAVI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. 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.
17. 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.
20. English Language
21. Dispute Resolution
If a dispute should arise between you and Celavi, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 323-780-5710 or by sending an email to firstname.lastname@example.org
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND CELAVI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.