Terms of service

These Ratings and Reviews Terms and Conditions (“Terms”) govern your conduct associated with the Customer Ratings and Reviews service (“CRR Service”) offered by Sense Empire Sdn. Bhd., and their respective affiliates and/or related entities (collectively “Sense Empire”, “us”, “we”, “our”).

1.  By submitting any content through the CCR Service (“Content”), you hereby confirm and agree that:
   
   (a)    you are at least 18 years of age and are legally permitted to provide consent in respect of the Content;
   
   (b)    you are the sole author and owner of the intellectual property rights in the Content;
   
   (c)    you own (or control) all rights in, and to, your Content. If the Content includes elements belonging to a third party or any other person(s), you warrant that you have obtained all necessary consents from the relevant third party and certify that your Content and Sephora’s use of it will not infringe, misappropriate and/or violate the rights of any third parties, including, but not limited to, patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights, confidentiality and any other intellectual property or proprietary rights;
   
   (d)    you waive, irrevocably and unconditionally, all your moral rights in the Content which you may have or may be entitled to under any legislation now existing or in future enacted in any part of the world;
   
   (e)    all Content that you submit is accurate and reflective of your personal experience;
   
   (f)     you are responsible for any Content that you submit, upload, post or otherwise provide or make available to Sense Empire through the CRR Service;
   
   (g)    you hereby grant Sense Empire a perpetual, unlimited, non-exclusive, worldwide, irrevocable, royalty-free, assignable, sub-licensable, transferable right and license to use, reproduce, alter, edit, reformat, publish, display, broadcast, transmit, distribute, create derivative works of, sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology throughout the world without compensation to you. This shall include, without limitation, use on (i) our Sense Empire websites in both their web and mobile versions, as well as any other web or mobile platforms owned, operated or managed by Sense Empire (“Sense Empire Platforms”); (ii) retailer sites and third party sites; and (iii) in stores;
   
   (h)    you hereby grant Sense Empire the right to use your nickname and/or any other identifying information (e.g. country) in connection with any use of your Content at Sense Empire's sole and absolute discretion;
   
   (i)     all Content submitted may be used at Sense Empire's sole discretion, and Sense Empire has no obligation to use and/or display your Content;
   
   (j)     if Sense Empire uses and/or displays your Content, you will have no right of approval before the use and/or display of your Content;
   
   (k)    Sense Empire reserves the right to change, condense, withhold or refuse publication, remove or delete any Content that Sense Empire deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms;
   
   (l)     you will not hold Sense Empire, or any person acting on Sense Empire's behalf, responsible or liable for any claims or demands in connection with the use of your Content; and
   
   (m)  any personal data submitted through the CCR Service will be collected, used, shared or otherwise processed in accordance with the terms of Sense Empire's Privacy Policy which is incorporated into these Terms by reference for all purposes.
   
   
2. You further warrant that the Content does not include any elements which:
   
   (a)    is false, inaccurate, misleading or dishonest;
   
   (b)    you were compensated or granted any consideration for by any unapproved third party;
   
   (c)    references other websites, addresses, email addresses, contact information or phone numbers;
   
   (d)    infringes any third party’s rights, including, but not limited to, patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights, confidentiality and any other intellectual property or proprietary rights;
   
   (e)    is subject to any obligation of confidence on the part of Sense Empire, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees;
   
   (f)     is defamatory, libellous, hateful, biased, offensive or threatening or harassing for any individual, partnership or corporation;
   
   (g)    is obscene, indecent, discriminatory, counterfeited, fraudulent, stolen, harmful or otherwise unlawful or illegal under any applicable law;
   
   (h)    discredits, brings into disrepute or otherwise adversely affect the name, image, reputation and/or goodwill of Sense Empire and/or its customers or brand partners; or
   
   (i)     is or may be construed as offensive or otherwise objectionable, in Sense Empire's sole opinion.
   
   
3. You further represent and warrant that your Content complies with all applicable laws, rules and regulations, and any third party agreements to which you are subject.
   
   
4. You acknowledge that Sense Empire has reasonably relied on the above representations made in relation to your Content and that you shall be responsible for and will indemnify and hold Sense Empire (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless against any claims, demands, damages and/or liabilities that may result from the inaccuracy or breach of the above representations or from Sense Empire's use and/or display of your Content. Sense Empire shall not be responsible or liable for the use and/or display of your Content. To the fullest extent permitted by law, Sense Empire disclaims all warranties, express or implied in relation to this arrangement and does not make any warranties or representations regarding the use of your Content with regard to their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Sense Empire reserves the right to change, condense, remove, take down, and/or delete any and all Content at any time without notice.
   
   
5. Sense Empire may refuse to use, delete or remove your Content after the Content is used and/or displayed on Sense Empire Platforms, retailer sites, third party sites and in stores. If you change your mind about sharing your Content, or you do not want Sense Empire to contact you about your Content again, please send us an opt out request by using the Contact Us function available on our Sense Empire Platforms.
   
   
6. Sense Empire reserves the right to alter these Terms from time to time without prior warning.
   
   
7. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
   
   
8. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sense Empire's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
   
   
9. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Malaysia, without giving effect to any principles of conflict of laws. You agree that the courts of the Malaysia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.