Terms and Conditions FALSCARA
Certain features or services offered on the FALSCARA Sites may be subject to separate guidelines, terms and conditions which may be posted by KISS from time to time ("Additional Terms"). All Additional Terms are hereby incorporated by reference into these Terms. In most cases the Additional Terms are specific to a particular feature of a FALSCARA Site or a service or offering provided on a FALSCARA Site, but to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.
Mobile Terms of Service
The Falscara mobile message service (the "Service") is operated by Kiss Products, Inc. (“Kiss Products, Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Kiss Products, Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kiss Colors & Care. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kiss Products, Inc. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +35957 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kiss Products, Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +35957 or email firstname.lastname@example.org. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
License & Site Access
All content on the FALSCARA Sites (including but not limited to, text, design, graphics, logos, button icons, images, sounds, audio clips, digital downloads, data compilations and software, as well as the selection and arrangement thereof) (collectively, "FALSCARA Content"), is the exclusive property of KISS, its licensors or its content suppliers and is protected by United States and/or foreign copyright, trademark and other applicable laws.
KISS grants you a limited, revocable, and non-exclusive license to access and make personal and non-commercial use of the FALSCARA Sites. KISS strictly prohibits all other uses of the FALSCARA Sites and FALSCARA Content, including but not limited to downloading, copying, modifying or other use of the FALSCARA Sites or FALSCARA Content for any purposes competitive to FALSCARA or to benefit another vendor or third party;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
- any collection and use of any product listings, descriptions, or prices;
- any use of any meta tags or any other "hidden text" utilizing FALSCARA and FALSCARA name or trademarks;
- any use of data mining, robots, or similar data gathering and extraction tools;
- any caching or linking to a FALSCARA Site, including in a manner that portrays FALSCARA or its products or services in a false, misleading, derogatory, offensive or any other manner which FALSCARA in its sole discretion, may find to be objectionable;
- any uploading, posting or transmitting of material with software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer.
You are responsible for obtaining access to the FALSCARA Sites, and any third-party fees. You must provide and are responsible for all equipment needed to access the FALSCARA Sites. You may not bypass any measures that have been implemented to prevent or restrict access to the FALSCARA Sites. Any unauthorized access to the FALSCARA Sites by you shall terminate the permission or license granted to you by KISS and FALSCARA.
KISS may terminate the foregoing licenses at any time for any reason or no reason, with or without notice, including for any unauthorized use. Except for the rights and licenses expressly granted, KISS reserves all other rights, and no other rights are granted by implication or otherwise.
Content You Submit:
Visitors may post reviews, comments, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information or materials (collectively, "User Content") on or through the FALSCARA Sites, provided that the User Content:
- is not confidential and proprietary; 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 ads 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 KISS or any of its brands purporting to speak on behalf of KISS or FALSCARA or containing confidential information or expressing opinions concerning KISS and its brands;
- 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 FALSCARA expressly asks you to provide such information.
If you do post any User Content, you grant KISS and FALSCARA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast, and display such User Content throughout the world in any media. You grant KISS and FALSCARA and its sublicensees the right to use throughout the world the name that you submit in connection with your User Content, if we or they so choose. You represent and warrant: that you own or otherwise control all of the rights to your User Content that you post; that use of your User Content does not violate these Terms nor infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; that your User Content does not violate any applicable laws or regulations and will not cause injury to any person or entity; and that you will indemnify KISS and FALSCARA, including licensors against all claims, including any attorneys' fees relating to that defense thereof, resulting from your User Content. To the full extent permissible by law, KISS and FALSCARA assumes no responsibility and assumes no liability for any User Content posted by you or any third party on or through a FALSCARA Site.
Accuracy & Availability of Products:
FALSCARA attempts to be accurate at all times when describing our products on a FALSCARA Site. However, KISS and FALSCARA do not warrant that descriptions and any other content or information accessible on the FALSCARA Sites are accurate, complete, reliable, current, or error-free. Reference to any product or service on a FALSCARA Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available directly by FALSCARA to customers, available in all countries, or that the name, description or specification of the product or service will be the same as that included on the FALSCARA Site. Specific advice concerning the availability and suitability of any particular product or service should be sought from the local KISS affiliate or distributor concerned.
KISS does not warrant that the FALSCARA Sites will be error-free and that our services will not be interrupted or affected by any problems or bugs. KISS and FALSCARA do not assume any responsibility or liability for such problems or bugs.
Disclaimers and Limitation of Liability
The FALSCARA sites are provided by KISS on an 'as is' and 'as available' basis. KISS makes no representations or warranties of any kind, express or implied, as to the operation of the FALSCARA sites or the information, content, products or services included on the FALSCARA sites. You expressly agree that your use of the FALSCARA sites is at your sole risk. To the full extent permissible by applicable law, KISS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KISS does not warrant that the FALSCARA sites, their servers, or e-mails sent from FALSCARA or on their behalf by its service providers are free of viruses or other harmful components. KISS will not be liable for any damages of any kind arising from the use of the FALSCARA sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You will indemnify and hold harmless KISS Products, Inc. its subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the "KISS Parties") from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorney and expert fees), incurred by the KISS Parties, and shall defend the Parties against any and all claims arising out of:
(1) your breach of these Terms;
(2) fraud you commit, or your intentional misconduct or gross negligence; or
(3) your violation of any applicable U.S. of foreign law or the rights of a third party.
The applicable KISS 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 KISS Party.
The trademarks, trade names, service names, logos, marks of indicia or other proprietary graphics displayed on the FALSCARA Sites (collectively, "Marks") are the property of KISS or its licensors, content providers or other parties under applicable trademark laws of the United States and other countries. All other trademarks not owned by KISS or its subsidiaries that appear on the FALSCARA Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KISS or its subsidiaries. You are prohibited from using or displaying any Marks appearing on any FALSCARA Site in any manner including, but not limited to use as meta tags on other pages or sites without the written permission of KISS or such third party which may own the applicable Mark. It is KISS'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 KISS's Copyright Agent, c/o KISS customer service. If you believe that your copyrighted work is being used on a FALSCARA Site 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 KISS's Agent that includes the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) 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; (c ) 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 the applicable FALSCARA Site; (d) your address, telephone number, and, if available, email address;
(e) 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 (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 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.
You acknowledge that any purchased goods licensed or sold on the FALSCARA Sites may be subject to the customs and export control laws and regulations of the United States and the customs and export laws and regulations of the country in which the products are otherwise sold, manufactured and/or received, as applicable. By purchasing, downloading, or using technology or software from the Sites, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
FALSCARA Gift Cards and redemption codes are issued by FALSCARA; use or acceptance of a FALSCARA eGift Card or redemption code constitutes acceptance of these terms.
Where to Buy FALSCARA eGift Cards: You may purchase a FALSCARA eGift Card at falscara.com. FALSCARA eGift Cards are only sold online at and can only be redeemed at falscara.com. With the exception of promotional eGift Cards, FALSCARA eGift Cards have no expiration date. No service or use fees of any kind will be imposed on purchasers or recipients of FALSCARA eGift Cards until further notice.
You may not use an eGift Card to purchase other gift cards or e-gift cards. Also, VIP Rewards points cannot be redeemed for the purchase of other gift cards or e-gift cards. During the FALSCARA purchase and checkout process on falscara.com, purchasers of FALSCARA eGift Cards must provide a correct email address in order to receive them. Refunds will not be made for eGift Card purchases sent to an incorrect or otherwise undeliverable or invalid email address provided by the purchaser. IN NO EVENT SHALL FALSCARA BE RESPONSIBLE IF THE EGIFT CARD Redemption Code IS LOST OR REDEEMED BY AN INCORRECT RECIPIENT.
How to Redeem FALSCARA eGift Cards: FALSCARA does not issue physical gift cards. FALSCARA eGift Cards are only sold online and can only be redeemed at falscara.com. Recipients receive an email notice of the FALSCARA eGift Card with the value and a gift card code. The recipient can click on the code to redeem it and apply it to their account as a store credit for current or future use. Or a FALSCARA eGift Card can be redeemed at a future date by entering the gift card code at the Payment step during the Checkout process. FALSCARA eGift Cards are redeemable for merchandise only on falscara.com within the United States and Canada. They cannot be redeemed or exchanged for cash.
From the available balance on the FALSCARA eGift, your order amount and any sales tax, shipping and handling fees, and if applicable, any other charges, will be deducted. If the amount of the order exceeds the available balance on the FALSCARA eGift Card, you will need to pay for the difference.
FALSCARA eGift Card Balance: To check your FALSCARA eGift Card balance, login to your account, then click on “Store Credit” and you will be able to view the details.
Returns: Your FALSCARA eGift Card, after it has been delivered to you, cannot be canceled or returned.
Lost or Stolen FALSCARA eGift Cards: You should treat FALSCARA eGift Cards like cash and safeguard them as such. FALSCARA eGift Cards will not be replaced if lost or stolen.
If you have any questions or comments regarding these Terms, email email@example.com. or send a letter to: FALSCARA Customer Service, 25 Harbor Park Drive, Port Washington, NY 11050.