TERMS AND CONDITIONS OF USE
You may be accessing our Website from a computer or mobile phone device and these Terms and Conditions govern your use of the Website and your conduct, regardless of the means of access. You may be using our interactive services ("Interactive Services"), such as Ratings & Reviews, and these Terms and Conditions govern your use of those Interactive Services.
We also like to interact with you on third party sites where we post content or invite your feedback, including sites such as Facebook, Twitter, Instagram, Tumblr and YouTube ("Social Media Sites"). Our Terms and Conditions and other areas of our Website provide guidelines in connection with our Interactive Services, including services that involve Social Media Sites, but MAKE UP FOR EVER does not control those Social Media Sites and you should always review the terms and conditions posted on Social Media Sites. These Terms and Conditions and our guidelines do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage.
1. Orders for Products and Services; Personal Use.
The products and services we make available on this Website, including any samples, are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. MAKE UP FOR EVER reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by MAKE UP FOR EVER in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are domiciled in the United States . Unless otherwise indicated, all prices on the Website are in U.S. Dollars. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to MAKE UP FOR EVER. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
2. Website Content.
The Content (as defined below) presented on this Website is intended for personal, 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. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. You should always check the ingredients for products to avoid potential allergic reactions, as MAKE UP FOR EVER may change ingredients from time to time. All products should be used strictly in accordance with their instructions, precautions and guidelines. Our Website is solely an online store for our beauty products and is not meant to serve as a substitute for medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from our Website before using or relying on them as possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions, we do not represent ourselves as a medical resource and no medical treatments are intentionally provided. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
3. Product Information and Pricing.
We cannot guarantee the accuracy of product images, promotions, or availability. For example, although we try to accurately display the colors of the products you see on the Website, we cannot guarantee that the colors you see on your monitor will be accurate. 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. We have the right to change or update information or to cancel orders if any such information is inaccurate. Any orders placed via the Website are not considered accepted until we have shipped the order. We will not charge your credit card until your order has been shipped. If for any reason we must cancel an order after your credit card has been charged, we will immediately issue a credit to your account in the amount charged.
4. Website Content.
MAKE UP FOR EVER and/or its licensors own all right, title and interest in and to the Website, all design, text, graphics, button icons, images, photographs, audio or video clips, logos, artwork, data, computer code, software and other materials contained or displayed on the Sites ("Content"), as well as the look and feel and the organization of the Content on the Website, including arrangement and compilation thereof (meaning the collection, arrangement and assembly), copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. All of the foregoing is Copyright © 2015 MAKE UP FOR EVER LLC. ALL RIGHTS RESERVED. Your use of the Website does not grant you ownership of any such Content.
Subject to these Terms and Conditions, MAKE UP FOR EVER grants you permission to use the Website and the Content only for placing an order, using the Interactive Services or using the Website as a shopping resource. Any other use of the Website without the prior written permission of MAKE UP FOR EVER in each instance is strictly prohibited.
The trademarks, logos, service marks and trade names (individually, a "Trademark" and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of MAKE UP FOR EVER and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Interactive Services, if any, are the property of their respective Trademark owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our prior written permission or that of the third party Trademark owner in each instance. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
6. Prohibited Activity.
Unless expressly permitted in these Terms and Conditions or with MAKE UP FOR EVER's prior written consent in each instance, 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 the Website. MAKE UP FOR EVER 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 Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party's use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Website or the Website’s services or features in violation of MAKE UP FOR EVER's or any third party's intellectual property or other proprietary or legal rights; or (v) use the Website or its services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website 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 Website.
7. User Comments, Feedback, and Other Submissions.
Users of our Website and 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, those User Materials 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 Website. You must be a registered user to submit User Materials. 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 Website and our Interactive Services 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 no 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 a user’s right to post User Materials to the Website or a user’s use of our Interactive Services. 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 sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, sublicense, share with our affiliates 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. This license will survive the termination of these Terms and Conditions and your use of the Website. If your User Materials include ideas, suggestions, documents or proposals to MAKE UP FOR EVER, you hereby acknowledge and agree that: (a) MAKE UP FOR EVER 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 or any of its affiliates under any circumstances unless you are otherwise notified by MAKE UP FOR EVER in writing to the contrary. MAKE UP FOR EVER has no obligation of confidence with respect to your User Materials.
8. Links to and from the Website; Mobile Services.
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 website 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 applicable 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., on Social Media Sites). MAKE UP FOR EVER does not monitor, approve or have any control over any Content located on any Third Party Websites or Social Media Sites. 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 or Social Media sites, even if they are owned or run by affiliates of MAKE UP FOR EVER. Links to Third Party Websites or Social Media Sites do not constitute an endorsement or sponsorship by MAKE UP FOR EVER of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. MAKE UP FOR EVER 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 and Social Media Sites at your own risk.
If you access the Website via your mobile device, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
You agree to defend, indemnify and hold MAKE UP FOR EVER, its affiliates, and its and their members, shareholders, managers, directors, officers, employees, agents, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the Interactive Services, your placement or transmission of any message, User Materials, information, software or other materials on or through the Website or Interactive Services, or your breach or violation of applicable law or of these Terms and Conditions. MAKE UP FOR EVER 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's defense of such claim.
10. Disclaimer of warranties.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INTERACTIVE SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE 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 WEBSITE 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 WEBSITE WILL MEET USER'S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MAKE UP FOR EVER 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 WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION AND TO THE EXTENT PERMITTED BY LAW, MAKE UP FOR EVER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES PROVIDED THROUGH THE WEBSITE.
11. Limitation of liability.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MAKE UP FOR EVER, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, 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 WEBSITE, THE INTERACTIVE SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, , YOUR PROVISION OF INFORMATION VIA THE WEBSITE, 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 WEBSITE. 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 WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO MAKE UP FOR EVER FOR YOUR USE OF THE WEBSITE.
12. Applicable Law; Venue.
These Terms and Conditions are governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms and Conditions 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. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the failure of MAKE UP FOR EVER to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MAKE UP FOR EVER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Copyright Agent; DMCA.
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's Copyright Agent for the Website is Devon Phillips who can be reached as follows:
208 Fernwood Drive
Edison, NJ 00837
1 (732) 346-6854
We may change, suspend or discontinue the Website at any time. We may restrict, suspend or terminate your access to the Website 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 use privileges of users who are repeat infringers of intellectual property rights.
15. Fraud Protection Program.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
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.
Effective Date: May 2015