Terms & Conditions
1. USE OF SITE
2. INTELLECTUAL PROPERTY
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Formulate. The copyrights in the Content are owned by Formulate or other copyright owners who have authorized their use on the Site. Formulate reserves all rights thereto. You may not manipulate or alter in any way images or other Content on the Site.
Further, you acknowledge that we may change the Site or delete Content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no Content from our Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way, not even as part of a derivative work, except that where the Site is configured to enable the download of particular content, you may download one copy of such content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own backup purposes), or create any derivative works based on the site or the content, in whole or in part, and (c) do not use the content in an unlawful manner or in a manner that suggests an association with any of Formulate's or its partners' or affiliates' products, services or brands. Any business use, "remailing" or high-volume or automated use of the site is prohibited.
2. USER SUPPLIED SUBMISSIONS/PHOTO RELEASE
Formulate does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission or collectively "Submissions") will be considered non-confidential and nonproprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Formulate the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing 3rd party(ies), with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in whole or in part, without any restriction or responsibilities to you.
Notwithstanding the foregoing, Formulate will occasionally accept approved photo, video, and other Submissions from our users. Such Submissions , along with your first name and your last name , may be posted not only on the Site, but also on our pages of other social media sites, such as Instagram, Facebook, YouTube, Twitter, and StumbleUpon and may be used on other Formulate and/or our partners or affiliates websites. Formulate cannot and does not assume any liability from Submissions posted by members to the Site.
Given the visibility of such Submissions, please take care in the type of information that you include in your Submissions. Once your Submissions are posted on the site for public viewing , they may be shared by 3rd party users of the site. By submitting your content to Formulate, you confirm that you are the owner of the content or have the permission of the original owner to submit the content, that you have the authority to use the content and all its elements, including, without limitation, the authority and/or consent of everyone who appears in it, and that anyone featured who is under 18 years old is either a member of your immediate family under your authority and/or you have granted consent.
4. FORMULATE CONTESTS
If you wish to participate in one of the Formulate contests, you may do so through this Site and/or through authorized 3rd party sites or affiliates. In order to enter the contest, you must read and agree to the Contest Rules for each contest then being offered. Notwithstanding any other provisions of this Site concerning ownership or submissions, all aspects of our ownership and your submission to our contest will be further governed by the Formulate contest rules. If contest is entered through 3rd party site, you understand and agree to the terms and conditions of both Formulate and the hosting 3rd party site.
5. LINKS TO 3rd PARTY SITES
6. LINKING TO THIS SITE
If you would like to link to the Site, you must follow Formulate's link guidelines. Unless specifically authorized by Formulate, you may not connect "deep links" to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
7. DOWNLOADING FILES
Formulate cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
You may cancel an order any time prior to shipment.
9. REFUNDS AND RETURNS
See our frequently asked questions page
for details about our return/refund policies.
Risk of loss and title for products purchased from Formulate pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
10. SHIPPING POLICY
Shipping expenses are not automatically charged to customers. In the event that a shipping charge is added to an order, it will be clearly stated prior to the checkout process. Shipping fees (if any) are calculated by the weight of the shipment, the carrier, and the delivery timeframe. Formulate Labs, Inc. currently utilizes the United States Postal Service (USPS) and the United Parcel Service (UPS) for all of shipments to customers.
Any software available for download via the Site is the copyrighted work of Formulate and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
12. DISCLAIMER OF WARRANTIES
SUBJECT TO APPLICABLE LAW, FORMULATE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, THE CONTENT , OR ANY 3rd PARTY SI TES OR SERVICES LINKED TO OR FROM THE SITE. FORMULATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, CO MPATABILITY AND NONINFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. FORMULATE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED , OR THAT ANY FORMULATE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. FORMULATE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO 3rd PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Formulate cannot and does not assume any liability from user Content posted to the site.
Reliance on any information appearing on our Site is strictly at your own risk.
This site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by users. The Content of this Site is intended for educational and entertainment purposes only. Such Content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.
13. LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
15. USER CONDUCT
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of 3rd parties.
16. GENERAL PROVISIONS , VENUE AND GOVERNING LAW
Supply of goods, services and software through the site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Formulate site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department's Specially Designated Nationals List or the United States of America Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Formulate therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Formulate does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
17. HOW FORMULATE USES YOUR PERSONAL INFORMATION
18. EMAIL ADDRESS USAGE
We use email addresses to send out newsletters and other announcements with information about Formulate's new products, gifts and special features. When you order or enter a contest, you can choose not to receive these announcements by opting out of delivery. If you receive an email and want to avoid further messages, look at the footer of the email for instructions on how to remove yourself from the mailing list.