Terms and Conditions for Access and Use of matchmycolor.com Website The following document constitutes terms and conditions under which Ciba Inc. with registered offices at Klybeckstrasse 141, CH-4002, Basel, Switzerland (“Ciba”) is offering access to services provided on matchmycolor.com (the "Website"). Agreement to Terms and Conditions The use of the Website is offered to you on the condition of your acceptance of these terms and conditions. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE WEBSITE. Additional terms might apply for the use of specific services on the Website. Modification of the Terms and Conditions Ciba reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions. Such modifications shall be effective immediately upon posting the modified terms and conditions. It is your responsibility to regularly check these terms and conditions for changes. Proprietary Rights, Copyright, Trademark All content on the Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, buttons, artwork, technology, computer code and all information appearing on or displayed on the Website (collectively “Content”) is owned, controlled or licensed by or to Ciba and is protected by applicable intellectual property and other laws. All trademarks, service marks and trade names (collectively “Marks”) are trademarks or registered trademarks of Ciba or other respective owners that have granted Ciba the right and license to use such Marks. Unless expressly authorized by Ciba or a proprietor of the licensed Content, no Content may be modified, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. Prices Prices published on the Website are without obligation. Price scheme and price structure of all services provided on the Website are to the sole discretion of Ciba and the Partner providing the respective service and can be modified without your consent. Website Use You may not use the Website or any Content for any purpose that is unlawful or prohibited by these terms and conditions. You may not solicit the performance of any illegal activity or other activity, which infringes the rights of Ciba or others. In particular you may not transmit through the Website any unlawful, defamatory, libellous, vulgar, obscene, abusive, harassing, harmful, threatening or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. You agree not to access the Website by any other means than trough the interface that is provided by Ciba for use in accessing the Website and its Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website. Links to Other Websites This Website contains links to other websites on the Internet that are owned and operated by third parties. Even if the third party is affiliated with Ciba, Ciba has no control over these linked websites, all of which have separate privacy and data collection practices. Ciba is not responsible or liable for the third party’s independent policies or actions and is not responsible for the privacy practices or the content of such websites. Access to these linked websites is at your own risk. Ciba is not responsible for any transactions between you and third parties facilitated through the Website. Privacy Policy and Security Open Areas You can access all parts of the Website not requiring registration without revealing any personal information (like name, address, telephone number, e-mail address and any information relating to an identified or identifiable natural person). Ciba’s web server may collect certain aggregate data called web log information (such as your web browser, operating system, pages and websites visited etc.). This information is aggregated to measure the number of visits, average time spent, pages viewed, websites visited just prior to and after visiting us and other statistics about the use of the Website. If you participate in any group forums on the Website, it is your responsibility to take care not to disclose any personal or confidential information, as these forums are open to all users of the Website. Areas Requiring Registration Certain services and areas can only be accessed after registration during which personal information, such as name, company, job title, e-mail address etc. is submitted to us. Once you have submitted information about yourself and your company to us, it is no longer possible to browse the website anonymously. Certain services available through the website may require additional data, such as financial information (including invoicing and shipping details), product information and other personal details. If you decide to enrol in any of the courses provided by the website, additional course registration information may also be required. Data Protection Any information gathering or personal data processing carried out by Ciba shall be done in accordance with the relevant data protection and processing laws and regulations. Nevertheless, we cannot fully assure or warrant the security of any information you submit or transmit. If you provide Ciba with personal data you hereby agree that Ciba may collect, process and store such information. You furthermore acknowledge and agree that once you have registered on the Website, personal information and information on your use of the Website may be transferred to third parties not located in the same country as Ciba without further consent on your part. These third parties are limited to website partners as described in the Partners section of the website. Security Ciba has implemented security measures to protect the loss, misuse and alteration of any information under its control. All personal information entered on the Website is fully secured by password protection and our internal processes that ensure no unauthorized individual will come into contact with any personal information. However, we can never fully ensure or warrant the security of any information submitted or transmitted by you or transmitted to third parties. Cookies “Cookies” are small data files, typically made up of a string of text and numbers, which assign a unique identifier to each Website user. The Website uses two types of cookies. A “temporal cookie” is sent to your browser so that our systems remember your requests and can keep track of the pages you view. Two “permanent cookies” are sent to your browser. One is used to remember the layout you have chosen for navigation around the Website, the other remembers you user ID. You can set your browser to inform you each time a cookie is received or even to prevent them being accepted; If you choose to do so, Website functionality may be affected certain features will no longer be available to you. You should be aware that third-party websites to which you go from this Website may use cookies or collect personal information about you when you access them. As Ciba does not control these websites and is not liable for them, please contact these companies directly if you have any questions about these practices. Our cookies do not collect any personal information, nor do they contain personal information such as User ID or e-mail addresses. Disclosure of Information Ciba may provide aggregate non-personal information, which will not contain personally identifying data, to reputable third parties, acting as our Website Partners as described in the Partners section of the website. Ciba engages other companies and individuals to perform services on Ciba’s behalf. These persons or legal entities have access to personal information of User however, only insofar as necessary to provide User with the specific services. Ciba may be or occasionally enter into strategic marketing alliances or partnerships with third parties that have been duly scrutinized for this purpose. Such third parties may receive access to User’s personal information, including User’s name, address, telephone number, email address with the sole purpose of enabling them to provide services to User, provided, however, that such third parties will not have access to sensitive information such as your purchase price for products acquired through means of the Website. Ciba might sell or buy its business or its assets or assign the operation of the Website to a third party service provider. In such transactions and assignments, User information is generally one of the transferred assets. In the case that Ciba may decide to assign the operation of the Website to a third party service provider, User information may be transferred to such third party service provider. Nothing in this Policy shall be deemed to prevent Ciba from disclosing personal information to appropriate third parties when we are legally compelled to do so or if we believe in good faith that such disclosure is necessary to inter alia (i) comply with legal process, (ii) protect Ciba’s legal rights and/or property, (iii) investigate information regarding usage of a false E-mail address to send materials through this Website or protect against harassing, threatening, or abusive messages (iv) protect from fraud and credit risk and (v) protect against misuse or unauthorized use of this Website including its content. Access and Correction Right of Personal Information Ciba will try to keep User’s personal information complete, up-to-date and accurate. You can access your personal information and you are invited to notify in writing us about eventual discrepancies. According to applicable data protection laws, User has under certain circumstances the right to have its personal information modified, rectified and deleted. If you want to use one of your rights, please contact Ciba in writing. Ciba will be pleased to provide you with further information. Unsubscribing You may terminate your membership for the Website and the services offered therein at any time upon written notice to Ciba. You are, however, entitled to assign the membership or transfer the rights and obligations under this registration to another person or legal entity, subject to the acceptance of all terms and conditions applicable to the Website and the services by the new user. The assigning user shall inform Ciba in writing about the intended assignment and supply essential registration details of the new user. The assignment will only be valid with the prior written consent of Ciba, which will not be unreasonably withheld. Promotional E-mails and Direct Mail You have the right to terminate your subscription to the promotional direct and e-mail services at any time and will be removed from the mailing lists concerned. Disclaimer of Warranties Ciba or any party lawfully displaying information on the Website with approval of Ciba (“Partner”) does not warrant that the Website or any content, service or feature of the Website will be error free, timely, secure or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website is provided on an “as-is” and “as-available” basis. Ciba or any Partner cannot ensure that any files, information or other data you access or download will be free of viruses or contamination or destructive features. Ciba and any Partner disclaim any and all representations or warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Ciba and any Partner disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any of its services. You assume full responsibility for your use of the Website and any linked websites. All the services provided by this Website and all the results obtained therewith, whether given in writing, orally or to be implied from the results of tests are based on the state of Ciba’s or any Partner knowledge and the specification provided by you as the user of the services at the time you visited this Website or used its services. Nothwithstanding any such results, you as the user of such services must make your own determination and satisfy yourself that the services and results supplied by Ciba or any Partner are (i) suitable for your intended process or purpose, (ii) are in compliance with the ruling environmental, health and safety regulations, and (iii) will not infringe any third party’s intellectual property rights. Ciba and any Partner expressly disclaim all warranties of any kind regarding the fitness of the results for your special purpose. Ciba or any Partner will not be liable for any direct, consequential or incidental damages, liability or injuries, whether foreseeable or not, which may be caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or of unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Your sole remedy against Ciba or any Partner for dissatisfaction with the Website or any content is to stop using the Website or any such content. By permitting advertising, Ciba makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Limitation of Liability Except where prohibited by law, in no event shall Ciba or any Partner be liable to you for any direct, indirect, incidental, special, exemplary consequential or punitive damages, including lost profits, even if Ciba or any Partner has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms and Conditions, Ciba or any Partner is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, any content or purchase of goods directly from Ciba, Ciba or any Partner’s liability shall in no event exceed the total of any subscription or similar fees or purchase price for goods purchased from Ciba with respect to any service or feature on the Website paid in the six months prior to the date of the initial claim made against Ciba or any Partner. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. Indemnity You agree to indemnify and hold Ciba and any Partner, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Ciba or any Partner by any third party due to or arising out of or in connection with your use of the Website. Severability of Terms If any court or administrative body of competent jurisdiction holds any provision of these terms and conditions invalid or unenforceable, the remaining provisions will not be affected. In such an event the invalid or unenforceable provision will be replaced by a mutually acceptable provision that comes closest to the original intent of the parties. Termination of Terms, Conditions and Notices Ciba reserves the right to immediately and/or without notice suspend or terminate these terms, conditions, and notices and/or any other service provided to you by the Website unless stated otherwise in further written terms, conditions and notices. Modifications of Website Ciba may modify or discontinue the Website with or without notice and without liability to User or any third party unless stated otherwise in further written terms, conditions and notices between particular User and Ciba. Applicable Law and Venue These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland, excluding the rules on conflict of laws. Any dispute arising out of or in connection with your use of the Website, the competent courts of Basel, Switzerland shall have exclusive jurisdiction.