terms of use

last updated: october 23, 2013

philosophy inc. (“philosophy”, “us” or “we”) is pleased to provide these terms of use (“Terms”) to govern your use of and interaction with its website philosophy.com, as well as any mobile versions or related mobile applications, any additional websites we may add from time to time, and social media pages and platforms we may operate (collectively, “philosophy.com”). by using philosophy.com regardless of the means of access you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms, including our privacy policy and purchase policies.

additional terms

certain features or services offered on philosophy.com may be subject to separate terms and conditions which may be posted by philosophy from to time (“Additional Terms”). all Additional Terms are hereby incorporated by reference into these Terms. to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.

updates to these Terms

we reserve the right, in our sole discretion, to modify any portion of these Terms at any time without notice by posting the changes on philosophy.com and in other appropriate places. any changes are effective immediately upon posting. we will make an effort to notify you of any changes to these Terms by posting the modified Terms and updating the “last modified” date at the top of this page, and possibly in other ways as well. your continued use of philosophy.com after any modified Terms have been posted constitutes your agreement to all such modified terms and conditions.

privacy policy

philosophy’s privacy policy provides information concerning philosophy’s privacy practices with respect to philosophy.com, which governs your use of and access to philosophy.com.

product information; accuracy

we attempt to be accurate when describing our products and services on philosophy.com. however, we do not warrant that the product descriptions, colors, sizes, prices, product availability or other product and service descriptions on philosophy.com are accurate, complete, reliable, current, or error-free. if a product or service offered on philosophy.com is not as described, your sole remedy is to return the item per our return policy.

the products and services displayed on philosophy.com can only be ordered and delivered within the United States and Canada. certain products may be available in select U.S. retail locations and certain foreign markets. all prices displayed on philosophy.com are quoted in U.S. dollars and are valid and effective only in the U.S.

all product material and information presented on philosophy.com is solely intended for personal educational and informational purposes.

site transactions

placement of an order does not constitute acceptance by philosophy; we may require additional information and all orders are subject to product availability. we do not authorize the purchase of our products for resale purposes. we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. to enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

for more information on policies and terms related to purchases placed through philosophy.com (such as our shipping policy, order processing and returns) can be found in our Purchase Policies, which are incorporated by reference in these Terms.

intellectual property

all content available on philosophy.com, including but not limited to text, graphics, logos, button icons, images, video/audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of philosophy, our parent company, affiliates, partners, or licensors, and is protected by United States and international copyright laws.

the trademarks, logos, and service marks displayed on philosophy.com (collectively, the "Trademarks") are the registered and unregistered marks of philosophy, our parent company, affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

except as set forth in the limited licenses section below, or as required under applicable law, neither the Content or Trademarks nor any portion of philosophy.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

limited license

we grant you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Content on philosophy.com. this limited license does not include the right to: (i) frame or utilize framing techniques to enclose philosophy.com or any portion thereof; (ii) modify or download philosophy.com or Content (except caching or as necessary to view philosophy.com); (iii) make any use of philosophy.com or Content other than personal use; (iv) create any derivative work based upon either philosophy.com or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

we also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of philosophy.com for personal, non-commercial use only. a web site that links to philosophy.com (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such web site or its services or products; (iii) may not misrepresent its relationship with philosophy; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of philosophy.com other than the home page. we may, in our sole discretion, request that you remove any link to philosophy.com, and upon receipt of such request, you shall immediately remove such link.

any unauthorized use by you of philosophy.com or the Content or Trademarks terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms.

your obligations & responsibilities

in the access or use of philosophy.com, you shall comply with these Terms and the special warnings or instructions for access or use posted on philosophy.com. you shall act always in accordance with the law, custom and in good faith. you may not make any change or alteration to philosophy.com or any Content or services that may appear on philosophy.com and may not impair in any way the integrity or operation of philosophy.com without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms (including our privacy policy), you shall be liable for all the losses and damages that this may cause to philosophy, our parent company, subsidiaries, affiliates, partners or licensors.

website promotions

from time to time, philosophy may offer certain special promotions, features, or events (such as contests, sweepstakes or other offerings) (collectively, “promotions”). these promotions may be subject to Additional Terms in addition to or in lieu of these Terms and may be offered by us or by third parties. we will disclose details for such promotions (such as eligibility requirements, dates of availability, contents of the promotion, etc.) when offered, and if you choose to take advantage of any promotion, you agree that your participation will be subject to such Additional Terms or other guidelines, rules, and/or policies.

your account

you may choose to register an account on philosophy.com if you are over the age of thirteen (13) years old. if you choose to create an account and provide accurate registration information including a valid email address. you are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer. you agree to accept responsibility for all activities that occur under your account, username and/or password. you agree to provide only accurate, truthful information. you agree to immediately notify philosophy of any unauthorized use of your password or account and any other breach of security. philosophy cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

we reserve the right to refuse service and/or suspend or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in philosophy's best interests to do so.

third party sites

we are not responsible for the content of any third party web site pages or any other third party web sites linked to or from philosophy.com (collectively, “third party sites”). links to any third party sites appearing on philosophy.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.

we may interact with you on certain third party sites, such as on Facebook where we post content or invite your feedback. these Terms and other areas of philosophy.com provide guidelines and rules relating to these third party sites, but philosophy does not own or control those third party sites.

your access, linking to or from any third party sites is at your own risk. philosophy is in no way responsible for examining or evaluating, and we do not warrant the offerings of, any third party site linked to or from philosophy.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such third party sites, including, without limitation, their privacy policies and terms and conditions. you should carefully review the terms and conditions and privacy policies of all third party sites that you visit.

submissions

it is our policy to decline unsolicited suggestions and ideas. notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas reviews, comments, and other content, information or materials (collectively, “submissions”) on or through philosophy.com, provided that the submission:

  • is not confidential and proprietary (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;
  • does not contain software viruses or malware;
  • does not consist of political campaigning, chain letters, mass mailings, or any form of "spam".
  • does not contain advertisements or solicitations of any kind, or other commercial content;
  • is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise misleading as to the source;
  • does not contain messages by non-spokesperson employees of philosophy or any of its brands purporting to speak on behalf of philosophy or containing confidential information or expressing opinions concerning philosophy;
  • does not offer unauthorized downloads of any copyrighted, confidential or private information; and
  • does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless philosophy expressly asks you to provide such information.

philosophy is not obligated to, but reserves the right, to monitor, remove or edit submissions in its sole discretion.

subject to our privacy policy, by transmitting or posting any submission, you hereby grant philosophy, its parent company and affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission worldwide in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. you also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

if you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. you further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." you may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. you agree to indemnify philosophy, its parent company and affiliates for all claims arising from or in connection with any claims to any rights in any submission. to the full extent permissible by applicable law, philosophy takes no responsibility and assumes no liability for any submission posted by you or any third party on or through philosophy.com.

indemnification

you agree to defend, indemnify and hold philosophy, and its directors, employees, officers, representatives, agents, parent companies, affiliates, joint ventures, and third-party service providers (collectively, the “philosophy parties”) harmless for any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the philosophy parties arising out of (1) your use of philosophy.com or your breach of any part of these Terms, (2) fraud you commit, or your intentional misconduct or gross negligence, or (3) your violation of any applicable U.S. or foreign law or the rights of a third party. you also agree to indemnify the philosophy parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. the applicable philosophy party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such philosophy party.

disputes

with respect to any dispute regarding philosophy.com, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of Arizona, as if the terms and conditions were a contract wholly entered into and wholly performed within Arizona. any dispute relating in any way to your visit to philosophy.com shall be submitted to confidential arbitration in Arizona, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. the arbitrator's award shall be 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 arbitration proceedings or otherwise.

limitation of liability

under no circumstances shall any of the philosophy parties be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. your sole and exclusive remedy hereunder shall be for you to discontinue your use of philosophy.com and terminate this agreement. these limited remedies shall apply notwithstanding any failure of their essential purpose.

termination

you may terminate your agreement to these Terms by providing written notice to us. upon such termination, you shall cease all use of philosophy.com and we shall be permitted to delete your account and any and all information associated therewith.

claims of copyright infringement

it is philosophy's policy to respond to claims of copyright infringement. pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), notifications of claimed copyright infringement by third parties should be sent to philosophy's copyright agent. if you believe that your copyrighted work is being used on philosophy.com in a way that constitutes copyright infringement, please notify our copyright agent in writing with the following information (to be effective, the notification must be in writing and provided to our copyright agent):

to be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to philosophy's Agent that includes the following:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on philosophy.com;
  4. your address, telephone number, and, if available, email address;
  5. 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; and
  6. 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 authorized to act on the copyright owner’s behalf.

please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.

philosophy's copyright agent for notice of claims of copyright infringement can be reached as follows:

by email: DMCA-agent@cotyinc.com

by mail: Philosophy Copyright Agent, Coty Inc., 350 Fifth Avenue, New York, New York 10118.

changes to philosophy.com

philosophy may terminate these Terms and deny you access to philosophy.com (or any part thereof) at any time, immediately and without notice, if in philosophy’s sole discretion you fail to comply with any term or condition of these Terms.

philosophy also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, philosophy.com (or any part thereof) with or without notice. you agree that philosophy shall not be liable to you or to any third party for any termination of access or for any modification, suspension or discontinuance of philosophy.com.

general information

you acknowledge and agree that these Terms, which include our privacy policy, constitute the complete and exclusive agreement between you and philosophy concerning your use of philosophy.com, and supersede and govern all prior proposals, agreements, or other communications.

nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. in the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

if any Content on philosophy.com, or your use of philosophy.com, is contrary to the laws of the place where you reside when you access philosophy.com, philosophy.com are not intended for you, and we ask you not to use philosophy.com. you are responsible for informing yourself of the laws of your jurisdiction and complying with them.

you may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of philosophy, which may be withheld at philosophy’s sole discretion. any attempted assignment that does not comply with these Terms shall be null and void. philosophy may assign these Terms, in whole or in part, to any third party in its sole discretion.

contact us

if you have any questions regarding these Terms, please contact consumer care at 1-800-568-3151 or email us at feedback@ephilosophy.com.