Babyliss PRO

Welcome to the website (the "Site") of Folic, Inc. ("Folica.com"). Folica.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Folica.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Folica.com reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Use of Site

You represent and warrant that you are at least 13 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, Folica.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Folica.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Folica.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Folica.com in advance. Folica.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Folica.com believes that customer conduct violates applicable law or is harmful to Folica.com's interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Folica.com.

Folica.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Folica.com has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Folica.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Reviews and Comments

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Folica.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, photos, videos and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Folica.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Folica.com and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Folica.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Folica.com will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead Folica.com or third parties as to the origin of any Submissions or Content. Folica.com may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Intellectual Property

All text, graphics, button icons, images, video clips, and software (collectively, "Content"), belongs exclusively to Folica.com or its Content suppliers. All software used on this Site (the "Software") is the property of Folica.com or its Software suppliers. The Content and Software are all protected by U.S. and international copyright laws.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available here: www.folica.com/privacy.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, Folica.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Folica.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Disclaimer and Limitation of Liability

THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. FOLICA.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOLICA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLICA.COM'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO FOLICA.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO FOLICA.COM'S LIABILITY.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Folica.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Folica.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Folica.com shall immediately issue a credit to your credit card account in the amount of the charge.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Folica.com is not responsible for the operation of or content located on or through any such site.

Remedies

You agree that Folica.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Folica.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Folica.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of Folica.com shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Folica.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Applicable Law

This site is created and controlled by Folica.com in the State of New Jersey, USA and the State of New York, USA. As such, the laws of the State of New Jersey and the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Disputes

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in New York, NY, except that to the extent you have in any manner violated or threatened to violate Folica.com's intellectual property rights, Folica.com may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Folica.com
315 Madison Avenue
12^th Fl
New York, NY 10017

Updated March 1, 2010

1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. This sweepstakes ("Sweepstakes") is subject to all applicable laws and regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2. Sponsor: Folica.com : 315 Madison Avenue 12th Floor New York, NY 10017 (collectively, the "Sponsor").

3. Eligibility: Sweepstakes is open only to legal residents of the United States (excluding Puerto Rico, Guam and all other U.S. and foreign territories and possessions not otherwise mentioned herein) who are 18 years of age or older as of the date of entry and who complete a feedback survey (no purchase is necessary to complete the survey).Sweepstakes is not open to employees, independent contractors, officers, directors, agents or representatives of Sponsor or of Sponsor's parents, affiliates, subsidiaries, successors and/or assigns, Sponsor's advertising, promotion and fulfillment agencies, legal advisors, and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing (collectively, "Sweepstakes Entities").

4. To Enter: Visit here and complete the survey. Only one entry is allowed per person in this Sweepstakes. Use of multiple email addresses by the same individual to enter is prohibited and such multiple entries shall be voided. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the identified email account was registered. All entries carry an equal chance of winning.

5. Sweepstakes Period: The Sweepstakes begins on the 5th of March, 2010 and ends on the 4th of each month. Entries must be received by 5:00 p.m. EST on every 5th of the month. Sponsor is not responsible for late, incomplete, misdirected, delayed, or undelivered entries, including without limitation entries not timely received due to telephone failures, Internet failures and disruptions, and ISP problems. Incomplete information may result in disqualification of entry.

6. Prizes: One (1) grand prize winner will be awarded the grand prize with a retail value of $500. Prizes are non-refundable and non-transferable, cannot be combined with any other special offer or promotion, and must be accepted as awarded. Prizes may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute with either the cash value of the prize, or a prize or prizes of equal or greater value. Applicable federal, state or local taxes and any other costs or expenses associated with the prize are the sole responsibility of the winner. There will be no other prizes. All prizes will be awarded. Total retail value of all prizes is $500. Prizes will be delivered to confirmed winner.

7. Selection of Winners: All winners will be selected in a random drawing conducted by Sponsor on or about the 5th of every month, and will be notified by email. Odds of winning depend on the total number of eligible entries received. All decisions of Sponsor are final and binding on all entrants.

8. All entries become the property of Sponsor and will not be acknowledged or returned. By participating, each entrant agrees to comply with these official rules and agrees that Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of entries in the Sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, the web site or any technical failure or malfunction, or any injury or damage to an entrant's or any other person's computer or property. IN NO EVENT WILL SPONSOR OR ANY SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S PARTICIPATION IN THE SWEEPSTAKES, ANY PRIZES WON, ENTRANT'S ACCESS TO OR USE OF ANY OF SPONSOR'S WEB SITES, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SPONSOR'S WEB SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

9. By accepting a prize in this Sweepstakes, the grand prize winner grant to Sponsor, where permitted by law, the right to use and publish (worldwide and via the Internet) his/her name, address, portrait, image, picture, voice, likeness and comments for advertising, trade and promotional purposes without notification, review or approval, and without additional consideration. Upon request, each winner, agrees to complete, sign and return an affidavit of eligibility and/or a liability/publicity release, which must be returned within seven (7) days upon receipt by winner. A winner's prize will be forfeited and may be awarded to an alternate winner at Sponsor's sole discretion upon the occurrence of any of the following: (i) the failure of winner to return any required documents by the deadline specified by Sponsor; (ii) the return of a prize or prize notification to Sponsor as non-deliverable; or (iii) the determination by Sponsor that winner is ineligible or otherwise not in compliance with these official rules.

10. If, for any reason, the Sweepstakes is not capable of running as planned because of circumstances including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes, which, in Sponsor's sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in their sole discretion and determination of fairness, to cancel, terminate, modify or suspend the Sweepstakes and to select the winners from entries received prior to such event or interruption. Sponsor may disqualify any entrant who tampers with the entry process or operation of the Sweepstakes or who violates these official rules.

11. By registering to enter the Sweepstakes, each entrant acknowledges he/she has read, understands and will abide by these official rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants and/or Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with, the laws of the State of New York, without regard to the conflict of laws principles.

12. For a list of names of winners or a copy of these official rules, send a self-addressed stamped envelope for receipt, to Folica.com: 315 Madison Avenue 12th Floor New York, NY 10017.

13. The personal information collected from each entrant with respect to the Sweepstakes will be used by Sponsor for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with Sponsor's Privacy Policy. Please see Sponsor's Privacy Policy at www.folica.com for more information.

Updated March 2, 2010