Terms of Use Updated Sep 26, 2019
1. Overview
mybeautysecrets.com and its affiliated sites
(collectively, the “Site”) are brands owned and operated by mybeautysecrets.com.
and its affiliates ("mybeautysecrets", the "Company",
"we", or "us"). Access to and use of the Site is subject to
these terms and conditions of use (“Terms of Use”).
"Site" or "mybeautysecrets"
shall include any information or services made available by mybeautysecrets,
regardless of the medium, and shall include, without limitation any
affiliated websites, mobile applications, videos, products and
applications we make available. We reserve the right at any time, and from
time to time, to modify, suspend or discontinue (temporarily or
permanently) the Site, or any part of the Site, with or without notice.
The Site is not intended for users
under 13 years of age. If you are under the age of 13, please do not use
the Site and do not provide us with any personal information.
We make no claims that the Site or
any of its content is accessible or appropriate outside of the United
States. Access to the Site may not be legal by certain persons or in
certain countries. If you access the Site from outside the United States,
you do so on your own initiative and are responsible for compliance with
local laws and regulations.
2. Disclaimer
The information available through the Site is
provided solely for informational purposes on an “as is” basis at user’s sole
risk. mybeautysecrets makes no guarantees as to the accurateness, quality, or
completeness of the information, and Mybeautysecrets shall not be responsible
or liable for any errors, omissions, or inaccuracies in the information or for
any user’s reliance on the information. User is solely responsible for
verifying the information as being appropriate for user’s personal use.
3. Our Right to Modify These
Terms of Use
We reserve the right to change these Terms of
Use at any time. You should check this page regularly. The changes will appear
on the Site and will be effective when we post the changes. Your continued use
of the Site means you agree to and accept the changes.
4. Our Privacy Policy
Our Privacy Policy contains further information
about how data is collected, used and made available on or by our Site. We
encourage you to read it, below.
5. Mybeautysecrets Intellectual
Property
Your Limited License to our
Intellectual Property
The materials used and displayed on the Site,
including but not limited to text, software, photographs, graphics,
illustrations and artwork, video, music and sound, and names, logos, trademarks
and service marks are the property of Mybeautysecrets., or its affiliates or licensors
and are protected by copyright, trademark and other laws. Any such content may
be used solely for your personal, non-commercial use. You agree not to modify,
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or
circulate any such material without the prior written permission of Mybeautysecrets. Mybeautysecrets
grants you a personal, non-exclusive, non-transferable, revocable license to
use the Site and any materials on the Site for non-commercial purposes subject
to these Terms of Use.
Mybeautysecrets Trademarks and
Logos
The terms Mybeautysecrets, www.Mybeautysecrets.com,
and other Mybeautysecrets trademarks and services marks, and all related names,
logos, product and service names, designs and slogans, are trademarks of Mybeautysecrets
or its affiliates or licensors. You may not use such marks without the prior
written permission of Mybeautysecrets. All other names, logos, product and
service names, designs and slogans on the Site are the trademarks of their
respective owners.
6. Reliance on Information on
Site
We have no obligation to, and
you should not expect us to, review content on our Site, including User
Contributions (defined below) or contributions by our independent contributors.
About our Contributors
Mybeautysecrets seeks out content providers in
particular subject matters as independent contractor contributors to the Site. Mybeautysecrets
does not represent or guarantee that any contributor has achieved any
particular level of expertise or knowledge or has any specific qualifications
or credentials as to the subject matter to which their contributions relate. To
the extent we refer to each of these contributors as an expert, you must
understand that we rely on the information they provide us and we are not
obligated to independently verify or attempt to confirm any information they
provide, nor their qualifications or credentials. Mybeautysecrets is also
not obligated to monitor or independently research or verify any content they
contribute. Contributors, even if characterized as an expert, are not employees
of Mybeautysecrets or its affiliates, and Mybeautysecrets cannot and does not
represent or warrant the accuracy, completeness or truthfulness of the
qualifications or credentials of any contributor, nor of any other users of the
Site.
Please do not rely on Site
content, including User Contributions and content from our independent
contractor contributors. Content is provided for general information purposes
only and can never take into account your unique, personal circumstances and
needs. You acknowledge and agree that any reliance or actions you take in
violation of your agreement with us shall be at your sole and exclusive risk
and Mybeautysecrets shall have no responsibility or liability to you
whatsoever. You also acknowledge and agree that communications on or through
the Site, whether with content providers or other users, are at your own risk
and are not covered by any privilege or confidentiality obligation that might
apply if you were to obtain your own professional advice.
7. Prohibited Uses of the Site
You may use the Site only for lawful purposes
and in accordance with these Terms of Use. You agree not to use the Site:
In any way that violates any
applicable federal, state, local or international law or regulation.
For the purpose of exploiting,
harming or attempting to exploit or harm minors in any way by exposing
them to inappropriate content, asking for personally identifiable
information or otherwise.
To transmit, or procure the
sending of, any advertising or promotional material, including any
"junk mail", "chain letter" or "spam" or any
other similar solicitation.
To impersonate or attempt to
impersonate Mybeautysecrets, a Mybeautysecrets employee, another user or
any other person or entity (including, without limitation, by using email
addresses or screen names associated with any of the foregoing).
To engage in any other conduct that
restricts or inhibits anyone's use or enjoyment of the Site, or which, as
determined by us, may harm Mybeautysecrets or users of the Site or expose
them to liability.
Additionally, you agree not to:
"Scrape" or disaggregate
data from the Site (whether by manual or automated means) for any
commercial, marketing, or data compiling or enhancing purpose.
Introduce any viruses, trojan
horses, worms, logic bombs or other material or mechanism which is
malicious or technologically harmful.
Attempt to gain unauthorized access
to, interfere with, damage or disrupt any parts of the Site, the server on
which the Site is stored, or any server, computer or database connected to
the Site.
Otherwise attempt to interfere
with the proper working of the Site.
8. Content That You Make
Available on the Site
User Contributions
The Site may contain message boards, chat rooms,
personal web pages or profiles, forums, review and ratings sections, bulletin
boards and other interactive features (collectively, "Interactive
Services") that allow users to post, submit, publish, display or transmit
to other users or other persons (hereinafter, "post") comments,
content or other materials (collectively, "User Contributions") on or
through the Site.
If you voluntarily disclose personal information
(e.g., user name, email address) on the Site, such as on a forum, chat room or
on any other user or member-generated pages, that information can be viewed in
search engines, collected and used by others and may result in unsolicited
contact from other parties. We
strongly advise that you not post any personal or other sensitive information
on our Site. Any User Contribution you post to the Site will
be considered non-confidential and non-proprietary. By providing any User
Contribution on the Site, you grant us and our affiliates and service
providers, and each of their and our respective licensees, successors and
assigns the perpetual right to use, reproduce, modify, perform, display,
distribute and otherwise disclose to third parties any such material for any
purpose.
You represent and warrant that:
-You own or control all rights in
and to the User Contributions and have the right to grant the license
granted above to us and our affiliates and service providers, and each of
their and our respective licensees, successors and assigns.
-All of your User Contributions do
and will comply with these Terms of Use.
You understand and acknowledge that you are
responsible for any User Contributions you submit or contribute, and you, not
the Company, have full responsibility for such content, including its legality,
reliability, accuracy and appropriateness. We are not responsible, or liable to
any third party, for the content or accuracy of any User Contributions posted
by you or any other user of the Site.
Monitoring and Enforcement;
Termination
We have the right to:
-Remove or refuse to post any User
Contributions for any or no reason in our sole discretion.
-Take any action with respect to
any User Contribution that we deem necessary or appropriate in our sole
discretion, including if we believe that such User Contribution violates
the Terms of Use, including the content standards below, infringes any
intellectual property right or other right of any person or entity,
threatens the personal safety of users of the Site or the public or could
create liability for the Company.
-Disclose your identity or other
information about you to any third party who claims that material posted
by you violates their rights, including their intellectual property rights
or their right to privacy.
-Take appropriate legal action,
including without limitation, referral to law enforcement, for any illegal
or unauthorized use of the Site.
-Terminate or suspend your access
to all or part of the Site for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the
right to fully cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information
related to anyone posting any materials on or through the Site. YOU WAIVE AND
HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE
FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all
material before it is posted on the Site, and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications or
content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this section.
Content Standards
These content standards apply to any and all User
Contributions and use of Interactive Services. User Contributions must in their
entirety comply with all applicable federal, state, local and international
laws and regulations. Without limiting the foregoing, User Contributions must
not:
-Contain any material which is
defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory or otherwise objectionable.
-Promote sexually explicit or
pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
-Infringe any patent, trademark,
trade secret, copyright or other intellectual property or other rights of
any other person.
-Violate the legal rights
(including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with
these Terms of Use and our Privacy Policy.
-Be likely to deceive any person.
-Promote any illegal activity, or
advocate, promote or assist any unlawful act.
-Cause annoyance, inconvenience or
needless anxiety or be likely to upset, harass, embarrass, alarm or annoy
any other person.
-Impersonate any person, or
misrepresent your identity or affiliation with any person or organization.
-Promote commercial activities or
sales, such as contests, sweepstakes and other sales promotions, barter or
advertising.
-Give the impression that they
emanate from or are endorsed by us or any other person or entity, if that
is not the case
9. Your Indemnification of Us
You agree to indemnify, defend and hold harmless
Mybeautysecrets, and its officers, directors, owners, employees, agents,
information providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") from and against any and all liability and
costs, including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising out of (a) any
User Contributions, or (b) breach by you or any user of your account or these
Terms of Use or any representations, warranties and covenants contained in
these Terms of Use. You shall cooperate fully and reasonably in the
defense of any such claim. Mybeautysecrets reserves the right, at its own
expense, to assume the exclusive defense and control of any matter subject to
indemnification by you.
10. WARRANTY DISCLAIMER
THE SITE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR
THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE
SITE. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR
PROFESSIONAL ADVICE.
11. LIABILITY DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
NEITHER, MYBEAUTYSECRETS OR. NOR ANY OF ITS SUBSIDIARIES, DIVISIONS,
AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT
CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR
INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO
ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING
OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION
AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MYBEAUTYSECRETS,
AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND
LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF
YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.
12. Third Party Links,
Advertisements, Sites and Content
We do not review or monitor any websites,
advertisements, or other media linked to or available through the Site and are
not responsible for the content of any such third-party advertisements or
linked websites. Prior to purchasing any third-party products or services
described on the Site, you are advised to verify pricing, product quality and
other information necessary to make an informed purchase. Neither Mybeautysecrets
nor its parent or any of its subsidiaries, divisions, affiliates, agents,
representatives or licensors shall have any liability arising from your
purchases of third-party products or services based upon the information
provided on the Site, and we shall not receive or review complaints regarding
such purchases.
13. Disputes
These Terms of Use and any disputes arising out
of or related to the Site shall be governed by, and construed and enforced in
accordance with, the laws of the State of New York (without regard to conflict
of law principles). In the event of any such dispute, you irrevocably consent to
exclusive jurisdiction and venue in the courts located in the State of New
York, County of New York.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE
OF ACTION OR CLAIM AFTER SUCH DATE.
14. Waiver and Severability
No waiver by Mybeautysecrets of any term or
condition set forth in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of Mybeautysecrets to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held
by a court or other tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of the Terms of Use
will continue in full force and effect.
15. Entire Agreement
The Terms of Use constitute the sole and entire
agreement between you and Mybeautysecrets with respect to the Site and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the Site.
16. DMCA Policy
Mybeautysecrets deals with copyright
infringement in accordance with the Digital Millennium Copyright Act (DMCA).
You may not post, upload, or otherwise place any content or information on the
Site that belongs to a third party, unless you have the legal right to do so.
If you believe in good faith that your copyrighted work has been reproduced on
our Site without authorization in a way that constitutes copyright
infringement, you may notify our designated copyright agent in an email to
info@mybeautysecrets.com . This contact information is only for
suspected copyright infringement. Please include the following:
-Your physical or electronic
signature.
-Identification of the copyrighted
work you believe to have been infringed or, if the claim involves multiple
works on the Site, a representative list of such works.
-Identification of the material you
believe to be infringing in a sufficiently precise manner to allow us to
locate that material, such as the precise URL (web page) that it appeared
on, along with any copies you have of that web page.
-Adequate information by which we
can contact you (including your name, postal address, telephone number and
email address).
-A statement that you have a good
faith belief that use of the copyrighted material is not authorized by the
copyright owner, its agent or the law.
-A statement, under penalty of
perjury, that the information in the written notice is accurate and that
you are authorized to act on behalf of the copyright owner.
-Please be aware that if you
knowingly, materially misrepresent that material or activity on the Site
is infringing your copyright, you may be held liable for damages
(including costs and attorneys' fees).
It is the policy of Mybeautysecrets to disable
the accounts of users who repeatedly post infringing material on the Site.
17. How to Contact Us
This Site is operated by www.mybeautysecrets.com
All other feedback, comments, requests for
technical support and other communications relating to the Site should be
directed to info@mybeautysecrets.com
Thank you for visiting Mybeautysecrets.