This website is provided for your information and entertainment, and we hope you enjoy using it. Please browse the website and make use of its various features, but please be aware that your use of the website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this website.
1. Ownership and Operation
2. Agreement to Be Bound; Termination
3. User Accounts
4. Continuing Agreement
5. Ownership and Use of the Service and Site Materials
6. Downloaded Software
7. Mobile Devices
8. Privacy
9. User Code of Conduct
10. User Submissions
11. Voting/Rating Features
12. Contests/Sweepstakes
13. Geographic Scope of Site
14. Links to Other Sites
15. CONTENTS OF THIS SERVICE – DISCLAIMER
16. OPERATION OF THIS SERVICE – DISCLAIMER
17. LIMITATION OF LIABILITY
18. Limitations as to Paragraphs 14, 15 and 16
19. Indemnification
20. Copyright Agent
21. Applicable Law; Jurisdiction
22. Severability
23. No Waiver
24. No Legal Effect
1. Ownership and Operation
This site and its related services and applications (collectively, this “Service”) is being offered by juliArt, which is a member of the Unilever group of companies (“juliArt” or “we”). For more information on the Unilever companies and their product juliArt, click here. juliArt may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.
2. Agreement to Be Bound; Termination
Your access to and use of this Service constitutes your agreement with juliArt to be bound by, and to act in accordance with, these Terms of Use. From time to time, juliArt may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.
You may terminate your use of this Service at any time. juliArt may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by juliArt in its sole discretion, or (ii) for any other reason in juliArt’s sole discretion. juliArt may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Unilever upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that juliArt shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.
3. User Accounts
If you register an account on the Service (an “Account”), you:
– must not allow any third party to access the Service using the email address you provided during the registration process (“Log-in ID”) and password;
– are prohibited from using anyone else’s Log-in ID and password to access the Service;
– are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password;
– will notify juliArt immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password; and
– are responsible for ensuring that any information that you provide to juliArt as part of the account registration process is accurate and is kept up to date at all times, and you will notify juliArt immediately of any changes to this information.
4. Continuing Agreement
We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.
5. Ownership and Use of the Service and Site Materials
All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, “Materials”), are owned by juliArt and its licensors. juliArt also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, “Trademarks”).
juliArt grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. juliArt may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.
No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by juliArt in its sole discretion.
Any modification of the Materials or use of the Materials for any other purpose is a violation of juliArt’s or its licensors’ copyright and other proprietary rights. The use of any such Materials on any other service or computer network without juliArt’s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by juliArt, is strictly prohibited. All rights not expressly granted to you are reserved by juliArt or its licensors.
6. Downloaded Software
From time to time juliArt may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the “Software”). You do not own the downloaded software, and juliArt does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. juliArt retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to Taiwan (R.O.C) export control laws. If you download Software from this Service, you represent and warrant to juliArt that you are not acting in violation of those laws.
7. Mobile Devices
If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which juliArt makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and juliArt will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.
8. Privacy
For information on how juliArt uses and protects the personal information you may provide on this Service, please read the juliArt Privacy Policy at: www.juliartofficial.com/privacy-policy/. The Privacy Policy is incorporated into these Terms of Use and explains juliArt privacy practices. By using the Service, you agree to the terms of the Privacy Policy.
9. User Code of Conduct
In using or accessing this Service, you agree, without limitation:
– not to use this Service in breach of these Terms of Use; – not to use this Service for commercial purposes; – not to “spam” others or “phish” for others’ personal information; – not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service; – not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files; – not to use, frame or utilize framing techniques to enclose any part of this Service without juliArt’s express prior written consent; – not to use meta tags or any other “hidden text” utilizing any Trademark without juliArt’s express prior written consent; – not to “deeplink” to this Service without juliArt’s express prior written consent; – not to create or use a false identity on this Service; – not to collect or store personal data about others; – not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access; – not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation; – not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use; – not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications; and – not to use this Service in breach of any Third Party Site’s (as defined below) terms and conditions.
In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of juliArt.
You agree to immediately notify Unilever if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify juliArt, or we otherwise suspect such activity, you agree to cooperate with juliArt in any investigation and to use any prevention measures we prescribe.
10. User Submissions
Certain portions of the Service may permit you to submit post, transmit or upload content created by you (“User Submissions”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
– include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
– include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
– are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
– contain advertisements or solicitations of any funds, goods or services;
– is a communication by a user impersonating another user;
– contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
– could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to juliArt through this Service, whether solicited or unsolicited, you agree that you are granting juliArt and the Unilever group of companies and juliArts, its third-party service providers who provide the Service, and retail partners (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, “Use”) such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.
No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.
By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission. You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.
Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. juliArt also reserves the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that juliArt does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.
If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by visiting http://www.unileverusa.com/resource/contact/default.aspx and filling out the contact form, or by calling 866-204-9750, or writing to us at Unilever Consumer Services 920 Sylvan Avenue, 2nd Floor, Englewood Cliffs, NJ 07632. Please provide as much detail as possible, including a copy of the underlying material, the location where Unilever may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Unilever will only remove User Submissions if Unilever believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled “Copyright Agent.” In no event does Unilever assume any liability for failing to either monitor or remove specific User Submissions.
juliArt will fully cooperate with any law enforcement authorities or court order requesting or directing juliArt to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Unilever may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Unilever, its customers or the public.
11. Voting/Rating Features
For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. juliArt assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. juliArt may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. juliArt reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. juliArt’s decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
12. Contests/Sweepstakes
Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
13. Geographic Scope of Site
The Service is intended to promote only those juliArt products that are sold by juliArt, and juliArt makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.
14. Links to Other Sites
For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by juliArt (“Third Party Site”). juliArt has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. juliArt may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by juliArt to, or an endorsement by juliArt of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Unilever is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, juliArt is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any juliArt products through a social network platform, including through links provided by juliArt through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by juliArt, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
15. CONTENTS OF THIS SERVICE – DISCLAIMER
THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, juliArt DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. juliArt DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. juliArt UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. juliArt IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND juliArt DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, juliArt CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, juliArt IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF juliArt OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
16. OPERATION OF THIS SERVICE – DISCLAIMER
juliArt ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, juliArt EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. juliArt MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT juliArt) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.
17. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL juliArt, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “UNILEVER PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE UNILEVER PARTIES SHALL NOT BE LIABLE EVEN IF A UNILEVER PARTY OR A UNILEVER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
18. Limitations as to Paragraphs 14, 15 and 16
Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Unilever Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.
19. Indemnification
You hereby agree to defend, indemnify and hold the Unilever Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.
20. Copyright Agent
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Name: Copyright Agent
Email: service@juliartofficial.com
We suggest that you consult your legal advisor before filing a notice with our copyright agent.
We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.
21. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the New Taipei City (Taiwan), without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the New Taipei District Court (Taiwan), as applicable, located in New Taipei City (Taiwan), and juliArt and you hereby accept and submit to the personal jurisdiction of these New Taipei District Court with respect to any legal actions, suits or proceedings arising out of these Terms of Use. juliArt and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
22. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
23. No Waiver
No failure on the part of juliArt to enforce any part of these Terms of Use shall constitute a waiver of any of juliArt’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by juliArt nor the reliance of any person on juliArt’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of juliArt shall have any legal effect whatsoever.
24. No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.