Terms and Conditions

Last Updated: August 17, 2011

These are the official terms of use for benefitcosmetics.com (the "Website"), blog.benefitcosmetics.com (the "Blog"), and Benefit Cosmetics mobile and Facebook applications (including Ratings & Reviews and Ask & Answer) (the "Applications") (collectively, the "Sites"). The content and services available on the Sites are provided to you by Benefit Cosmetics LLC ("Benefit", "us", "our", "we") subject to the following terms and conditions. Please also review our Privacy Policy and other policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these terms and conditions.

Benefit reserves the right to update or modify these terms and conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the date above. For this reason, we encourage you to review these terms and conditions whenever you purchase products from Benefit or otherwise use the Sites.

Intellectual Property

All information and content available on the Sites and the look and feel of the Sites, including but not limited to Benefit's name and logo, product images and descriptions, Site design, text, graphics, button icons, images, audio clips, page headers, trademarks, the selection and arrangement thereof, and all software belongs to or is licensed to Benefit, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of this Sites for purposes of placing an order with the Benefit or for other personal, non-commercial uses. 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 Benefit is strictly prohibited. Use of any materials on the Sites in connection with any product or service that is not offered by Benefit in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Benefit, is also prohibited.

Inaccuracy Disclaimer

From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Benefit reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Third Party Links

Benefit may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Benefit's blog at blog.benefitcosmetics.com (the "Blog") and on Benefit's social media presences or applications (e.g., Facebook and Twitter). Benefit does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Benefit and the Third Party Website, and Benefit does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Benefit is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.

Children Under 13

The Sites are not intended or designed for children under the age of 13. Children under 13 may look at the Sites, but are not permitted to make a purchase, become a registered user, enter competitions, polls or other promotions, submit customer surveys, sign-up for emails or post comments on the Blog or the Applications. If we discover someone under the age of 13 is a registered user or has otherwise provided us with their personal information, we will remove their personally identifiable registration information from our files. If you are under 13 and would like to make a purchase, please ask a parent to place the order for you.

Use of Products and Services

The products and services available on the Sites, including any samples Benefit may provide to you, are for personal use only. All of the products purchased from the Sites should be used in accordance with the product's instructions, precautions and guidelines. The statements made about products on the Sites are for informational purposes and have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

All of the products purchased from the Sites should be used in accordance with the product's instructions, precautions and guidelines. The statements made about products on the Sites are for informational purposes and have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

Colour Information

While Benefit has tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate.

Disclaimer

BENEFIT IS PROVIDING THE SITES AND THEIR CONTENTS 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, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, BENEFIT DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BENEFIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. BENEFIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. 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.

User Content

Users of our Sites have the opportunity to post certain content on our Sites, such as comments on the Blog, reviews on our Ratings & Reviews features, and questions and answers on our Ask & Answer service ("User Comments"). User Comments do not necessarily reflect the views of Benefit, and Benefit does not guarantee the accuracy, truthfulness or reliability of any User Comment, nor endorse any opinions expressed in any User Comment. Benefit assumes no responsibility or liability for or in connection with any User Comment. You are solely responsible for any User Content you post on the Sites, and once posted or transmitted, cannot always be edited or withdrawn. All User Comments must comply with Benefit's Comment Submission Policy below.

Comment Submission Policy

Benefit encourages User Comments on the Sites. You must be a registered user to submit a User Comment on the Website or Blog. User Comments are subject to the following rules: Stay on topic and be respectful of others. Never submit anything unlawful, threatening, abusive, harassing, obscene, defamatory, any material that would violate the law or the rights of others, or any material that you know or think might be false, inaccurate or misleading. Please do not post "ad hominem" or personal attacks against other users or Benefit employees. Although you are welcome to reference and link to other blogs and web sites in your comment, commercial solicitations or advertising for other personal or commercial blogs and websites are not permitted. Repeatedly making the same post in multiple places is not allowed, and links to obscene or offensive sites are strictly prohibited. When in doubt, remember, the Sites are public forums. Use the same judgment and care you would when standing in front of an audience of thousands.

By submitting any User Content, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any User Content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

Benefit may, but has not obligation to, monitor and/or moderate User Content. All User Content that you submit may be used in Benefit's sole discretion. Benefit reserves the right to change, condense or delete any User Content that in Benefit's sole opinion violates this Comment Submission Policy, the rights of others or any applicable law, or is in any way harmful, objectionable or otherwise inappropriate. Benefit also has the right (but not the obligation) to terminate a registered user's account or right to post User Comments to the Sites.

YOU AGREE TO INDEMNIFY AND HOLD BENEFIT (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES AND THIRD-PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO BAZAARVOICE, INC.), HARMLESS FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

By submitting a User Comment, you grant Benefit a, perpetual, irrevocable, royalty-free, transferable right (but not the obligation) and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

None of the User Content that you submit shall be subject to any obligation of confidence on the part of Benefit Cosmetics, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

DMCA Copyright Policy

If you believe your work has been copied in a way that constitutes copyright infringement, please provide Benefit's designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act: 1. A physical or electronic signature of the person authorised to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorised by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorised to act on behalf of the copyright owner.

Benefit's Designated Agent for claims of copyright infringement can be reached at:

Copyright Agent
Benefit Cosmetics LTD
Greenwood House, New London Road
Chelmsford, Essex, CM2 0PP
Email: copyright@benefitcosmetics.com
Fax: (415) 781-3930

Note: The above contact information is provided exclusively for notifying Benefit that copyright material may have been infringed. All other enquiries should be directed to our Customer Care by calling 0800 279 4793 or using our online submission form.

Applicable Law

The Sites are created and controlled by Benefit in the State of California, U.S.A. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Benefit reserves the right to make changes to its Sites and these disclaimers, terms and conditions at any time. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Sites and you agree that you will not access or use the information on the Sites in violation of such laws.

International Shipping

Beauty without borders... International orders may be subject to import taxes, customs duties and fees levied by your country's customs department upon arrival. When ordering from BenefitCosmetics.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Benefit Cosmetics does not collect duties and taxes, and as smart as we are, we can not predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. Benefit reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If such is the case, Benefit may reject your order or our Customer Care department may call you at the phone number you provided 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 unauthorised or illegal activity. Benefit takes these measures to protect Benefit's customers as well as Benefit from fraud or other unauthorised or illegal activity.

No Reseller Activity

The products and services available on the Sites, including any samples Benefit may provide to you, are for personal use only. You may not sell or resell any of products or services you purchase or otherwise receive from Benefit. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.

Comments, Feedback and Other Submissions

Benefit welcomes your comments and feedback regarding the Sites, and Benefit products and services. Any information, materials, suggestions, ideas or comments sent to Benefit will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Benefit an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Benefit will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.