These Terms and Conditions were last revised and are effective as of September 22, 2014.
MakeupInMotion.com Terms and Conditions
Our Website includes all web pages within our Website, including, without limitation, www.Makeupinmotion.com, and also includes backup, mirror, replacement or substitute websites or web pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also includes Content, unless we specifically say otherwise.
We will refer to users of our Website, our features, our Content, our functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using,” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, Content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion and/or Content in, on or available through our Website, for any purpose, or if you try to do any of these things.
TERMS AND WEBSITE CHANGES
We reserve the right to add to, delete or modify our Terms as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms that apply to you.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You may cancel your account with us at any time by emailing email@example.com. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you, for example, if you violate our Terms.
We respect your privacy. Please read our Privacy Policies carefully because it describes, among other things, how we collect and use information obtained when you use our Website.
OWNERSHIP AND — USE OF WEBSITE AND CONTENT
Our Website and, except as described below, all Content, is either our property or that of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word “Content” is used it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of our Website.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
If any of our Content that we make available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving such notice, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from this Website is subject to United States export control laws. If you download software from this Website, you represent and warrant to us that you are not acting in violation of those laws.
PROHIBITED — USER CONDUCT
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) redistribute, republish or exploit the Website’s Content or service for any further commercial or promotional purposes; or (b) attempt to gain unauthorized access to other computer systems through the Website.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of obtaining lists of users or other Content or information 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 the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information 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, or impair the Website or such services, 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 our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
RIGHT TO TERMINATE
In addition to any other rights and remedies we may have under our Terms, we have the right to: (a) refuse service, remove or edit Content, discontinue, suspend or terminate your use of our Website and/or services at any time, in our sole discretion, including any time we determine, in our sole judgment, that you or your use of our Website may violate our Terms; and (b) use any technological, legal, operational or other means available to enforce our Terms.
LINKING TO THE WEBSITE
You agree that if you include a link from any other web site to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree 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 web site at any time.
LINKS TO OTHER WEBSITES AND TRANSACTIONS WITH OTHER ORGANIZATIONS
If you choose to correspond or engage in transactions with any other person, organization or business found on or through our Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your content, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on our Website.
LIMITATION OF LIABILITY
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR — USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CONDUCT AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT — USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S — USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.
SOME STATE LAWS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
OPERATION OF THE WEBSITE – DISCLAIMER
We endeavor to maintain this Website and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We make no warranty that (i) the operation of the Website will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
CHOICE OF LAW
These Terms and Conditions shall be construed and enforced under the laws of the State of California applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of California and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms and Conditions. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR — USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
If you have any questions about our Terms, please contact us at: firstname.lastname@example.org.
Copyright © 2014 Makeup In Motion, LLC. All Rights Reserved.