TERMS AND CONDITIONS OF USE
By using the Sites, you acknowledge and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Sites. We may change these Terms and Conditions at any time, without notice to you. For this reason, we recommend that you regularly check this page to ensure that you have read the most recent version. Such changes are effective when they are posted to the Website and your continued use of the Sites after any such changes are posted will be considered acceptance of such changes. Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.
1. Website Content.
The Content (as defined below) presented on this Website is intended for educational or informational purposes only. In addition, the statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. You should always check the ingredients for products to avoid potential allergic reactions, as MAKE UP FOR EVER LLC may change ingredients from time to time. All products should be used strictly in accordance with their instructions, precautions and guidelines. The products and services available on the Sites, including any samples MAKE UP FOR EVER may provide to you, are for personal use only.
2. Product Information and Pricing.
We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other information or content on the Sites. From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. MAKE UP FOR EVER reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
3. Colors. We try to accurately display the colors of the products you see on the Sites.
However, We cannot guarantee that the colors you see on your monitor will be accurate.
4. Website Content; License.
MAKE UP FOR EVER LLC and/or its licensors own all right, title and interest in and to the Sites, all look and feel, text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Sites ("Content"), as well as the look and feel and the design of the Sites and the organization of the Content on the Sites, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of any Site does not grant you ownership of any such Content.
Subject to these Terms and Conditions, MAKE UP FOR EVER LLC grants you a limited, revocable, non-sublicensable and non-transferable license to use the Sites and the materials contained thereon only for your personal, non-commercial use.
The trademarks, logos, service marks and trade names (individually, a "Trademark" and collectively, the "Trademarks") displayed on the Sites or on content available through the Sites are registered and unregistered Trademarks of MAKE UP FOR EVER LLC and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by Us that appear on a Site or on or through a Site's services, if any, are the property of their respective Trademark owner. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Sites is strictly prohibited.
6. Prohibited Customer Activity.
Unless expressly permitted in these Terms and Conditions or with MAKE UP FOR EVER LLC's written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Content of any of the Sites. MAKE UP FOR EVER LLC will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Sites or for any services or features offered on or through the Sites, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Sites or the services offered on or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites or any services offered on or through the Sites; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Sites through any means; (iii) use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, impair the Sites or such services, or interfere with any other party's use and enjoyment of the Sites including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Sites or the Sites' services or features in violation of MAKE UP FOR EVER LLC's or any third party's intellectual property or other proprietary or legal rights; or (v) use the Sites or the Sites' services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sites.
7. User Information.
8. User Comments, Feedback, and Other Submissions.
Users of our Sites and our other interactive services may have the opportunity to post certain content, including product reviews on our Ratings & Reviews feature as well as other data, information, materials, writings, images, photographs, audio recordings, and video recordings (collectively "User Materials"). User Materials do not necessarily reflect the views of MAKE UP FOR EVER, and MAKE UP FOR EVER does not guarantee the accuracy, truthfulness or reliability of any User Materials, nor endorse any opinions expressed in any User Materials. MAKE UP FOR EVER assumes no responsibility or liability for, or in connection with, any User Materials. You are solely responsible for any User Materials you post on the Sites, and once posted or transmitted, cannot always be edited or withdrawn. We cannot be responsible for maintaining any User Materials that you provide to us, and We may delete or destroy any such User Materials at any time in our sole discretion. All User Materials must comply with MAKE UP FOR EVER 's Comment Submission Policy below.
Comment Submission Policy
MAKE UP FOR EVER encourages User Materials on the Sites. You must be a registered user to submit User Materials on the Sites. User Materials are subject to the following rules:
- Stay on topic and be respectful of others.
- Never submit anything unlawful, threatening, abusive, harassing, obscene, defamatory, any material that would violate the law or the rights of others, or any material that you know or think might be false, inaccurate or misleading. Please do not post "ad hominem" or personal attacks against other users or MAKE UP FOR EVER employees.
- Commercial solicitations or advertising for other personal or commercial blogs and websites are not permitted. Repeatedly making the same post in multiple places is not allowed, and links to obscene or offensive sites are strictly prohibited. When in doubt, remember, the Sites are public forums. Use the same judgment and care you would when standing in front of an audience of thousands.
By submitting any User Materials, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
- you are not impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any User Materials:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
MAKE UP FOR EVER may, but has not obligation to, monitor and/or moderate User Materials. All User Materials that you submit may be used in MAKE UP FOR EVER 's sole discretion. MAKE UP FOR EVER reserves the right to change, condense or delete any User Materials, or post or not post a review, in its sole discretion. MAKE UP FOR EVER also has the right (but not the obligation) to terminate a registered user's account or right to post User Materials to the Sites. By submitting any User Materials, you grant Us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensablesub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose, throughout the world and without compensation to you.
If your User Materials include ideas, suggestions, documents or proposals to MAKE UP FOR EVER LLC, you hereby acknowledge and agree that: (a) MAKE UP FOR EVER LLC may have something similar to your User Materials already under consideration or development; and (b) you are not entitled to compensation, payment or reimbursement of any kind for such User Materials from MAKE UP FOR EVER LLC or any of its affiliates under any circumstances unless you are otherwise notified by MAKE UP FOR EVER LLC in writing to the contrary.
9. Links to and from the Website.
If you link from any other website to our Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another web site (this practice is sometimes referred to as "in-line" linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website.
MAKE UP FOR EVER may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on MAKE UP FOR EVER's social media presences or applications (e.g., Facebook, Twitter, YouTtube, and Tumblr). MAKE UP FOR EVER does not monitor, approve or have any control over any Content located on any Third Party Websites. You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Third Party Websites, even if they are owned or run by affiliates of MAKE UP FOR EVER LLC. Links to Third Party Websites do not constitute an endorsement or sponsorship by MAKE UP FOR EVER LLC of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. MAKE UP FOR EVER LLC is not responsible for any content that originates from any Third Party Websites and that is embedded or otherwise transmitted through the Website. You use Third Party Websites at your own risk.
You agree to defend, indemnify and hold MAKE UP FOR EVER LLC, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Sites, your placement or transmission of any message, Content, User Materials, information, software or other materials on or through the Sites, or your breach or violation of the law or of these Terms and Conditions. MAKE UP FOR EVER LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MAKE UP FOR EVER LLC's defense of such claim.
11. DISCLAIMER OF WARRANTIES.
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE Sites OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE Sites WILL MEET USER'S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE Sites SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MAKE UP FOR EVER LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE Sites OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE Sites. IF YOU ARE DISSATISFIED WITH THE Sites, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE Sites.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MAKE UP FOR EVER LLC DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH MAKE UP FOR EVER LLC OR ITS AGENTS. THE FOREGOING DISCLAIMERS DO NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND MAKE UP FOR EVER LLC OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MAKE UP FOR EVER LLC, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE Sites OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE Sites, YOUR PROVISION OF INFORMATION VIA THE Sites, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE Sites. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE Sites EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MAKE UP FOR EVER LLC FOR YOUR USE OF THE Sites.
13. Applicable Laws.
These Terms and Conditions are governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in New York County and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Website and you agree that you will not access or use the information on the Website in violation of such laws.
14. Viruses, Hacking And Other Offenses
You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the servers on which the Sites are stored or any server, computer or database connected to the Sites. You must not attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
15. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
MAKE UP FOR EVER LLC
853 Broadway, 10th Floor
New York, NY 10003
Fax: (212) 377-3840
Note: The above contact information is provided exclusively for notifying MAKE UP FOR EVER that copyright material may have been infringed
We may change, suspend or discontinue the Sites at any time. We may restrict, suspend or terminate your access to the Sites and/or its services if We believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We will revoke the Sites use privileges of users who are repeat infringers of intellectual property rights.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.