(A) You shall use BeautyRiot.com for lawful purposes only. In addition, you shall not:
(1) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BeautyRiot express prior approval, contains advertising or any solicitation with respect to products or services;
(2) harm minors in any way;
(3) impersonate any person or entity, including, but not limited to, a BeautyRiot official, editor, journalist, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(5) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(6) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(7) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(8) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(10) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(11) "stalk" or otherwise harass another; or
(12) collect or store personal data about other users. Any conduct by you that in BeautyRiot's discretion restricts or inhibits any other user from using or enjoying BeautyRiot.com will not be permitted. You shall not use BeautyRiot.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of BeautyRiot.com to become users of other on-line services competitive with BeautyRiot.com.
(B) BeautyRiot.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BeautyRiot.com are copyrighted as a collective work under the United States copyright laws. BeautyRiot owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BeautyRiot and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(C) You shall not upload, post or otherwise make available on BeautyRiot.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of BeautyRiot.com, you automatically grant, or warrant that the owner of such material has expressly granted BeautyRiot, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant BeautyRiot the right to edit, copy, publish and distribute any material made available on BeautyRiot.com by you.
(D) The foregoing provisions of Section 5 are for the benefit of BeautyRiot, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF BEAUTYRIOT.COM IS AT YOUR SOLE RISK. NEITHER BEAUTYRIOT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BEAUTYRIOT.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BEAUTYRIOT.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BEAUTYRIOT.COM.
(B) BEAUTYRIOT.COM 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 IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY 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 UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, tortuous BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT BEAUTYRIOT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL BEAUTYRIOT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BEAUTYRIOT.COM OR THE BEAUTYRIOT.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BEAUTYRIOT.COM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BEAUTYRIOT.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BeautyRiot, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN BEAUTYRIOT.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
7. Monitoring.
(A) BeautyRiot shall have the right, but not the obligation, to monitor the content of BeautyRiot.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by BeautyRiot and to satisfy any law, regulation or authorized government request. BeautyRiot shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on BeautyRiot.com. Without limiting the foregoing, BeautyRiot shall have the right to remove any material that BeautyRiot, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
(B) You acknowledge that BeautyRiot.com may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by BeautyRiot, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on BeautyRiot's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BeautyRiot has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BeautyRiot reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BeautyRiot reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. Indemnification.
You agree to defend, indemnify and hold harmless BeautyRiot, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of BeautyRiot.com by you.
9. Termination.
Either BeautyRiot or you may terminate this Agreement at any time. Without limiting the foregoing, BeautyRiot shall have the right to immediately terminate any of your passwords or user names in the event of any conduct by you which BeautyRiot, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
BeautyRiot, BeautyRiot.com, Instant Makeover and each of their logos are trademarks of BeautyRiot or one of its subsidiaries. All rights reserved. All other trademarks appearing on BeautyRiot are the property of their respective owners.
11. Third Party Content.
BeautyRiot is a distributor (and not a publisher) of content supplied by third parties and you. Accordingly, BeautyRiot has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of BeautyRiot.com, are those of the respective author(s) or distributor(s) and not of BeautyRiot. Neither BeautyRiot nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through BeautyRiot.com represents the opinions and judgments of the respective information provider, you, or other user not under contract with BeautyRiot. BeautyRiot neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BeautyRiot.com by anyone other than authorized BeautyRiot employee spokespersons while acting in their official capacities. Under no circumstances will BeautyRiot be liable for any loss or damage caused by your reliance on information obtained through BeautyRiot.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through BeautyRiot.com.
12. Miscellaneous.
This Agreement and any operating rules for BeautyRiot.com established by BeautyRiot constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Supplemental Terms. By accepting this Agreement, you hereby agree and accept the Required End User Terms and Conditions that appear as Exhibit A to this Agreement immediately following this Agreement.
EXHIBIT A TO BeautyRiot.com End User AGREEMENT
Required End User Terms and Conditions
(References to "Company" in this Schedule A are to BeautyRiot.)
For purposes of these Required End User Terms and Conditions, "Company" includes Company, any affiliated and subsidiary companies of the Company, any subcontractors and suppliers of the foregoing, and the directors, employees, officers, subsidiaries, affiliates, agents, subcontractors, and suppliers of all of them.
1. You are solely responsible for the content of any transmissions using this Web site or any other use of the Services by you or by any other person or entity you permit to access the Services (each such person, also a "User"). You agree that you and any other User will not use the Services for illegal purposes, to violate the rights of any third party, or to interfere with or disturb other network users, network services, or network equipment. Violations of the foregoing may result in removal of violative communications and/or early termination of the Service. Disruptions include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network.
2. You shall limit access to and use of the Services to your employees (and, in case you are a nonprofit educational institution, to your employees and students), shall not authorize any person to use the Services other than for your business purposes, and shall not resell or otherwise generate income by providing access to the Services to any other User.
3. You shall defend, indemnify, and hold harmless Company (as defined in Paragraph 1.A.) from and against all liabilities and costs (including reasonable attorneys" fees) arising from any and all claims by: (a) any person based upon the content of any transmissions by you or any User using the Services or any other use of the Services by you or any User; (b) Users in connection with the Services, regardless of the form of action, whether in contract, tort, warranty, or strict liability. However, you shall have no obligation to indemnify and defend Company against claims for direct damages to real or tangible personal property, or for bodily injury or death, proximately caused by Company's negligence.
4. You agree to comply, and to cause any User to comply, with United States law with regard to the transmission of technical data that is exported from the United States using the Services.
5. COMPANY MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT, AND COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FORHARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE THAT USER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER UNLESS SUCH DAMAGE IS CAUSED INTENTIONAL ACT OF COMPANY. COMPANY SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF USER"S NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. EXCEPT AS EXPRESSLY SET FORTH IN OR CONTEMPLATED BY THIS AGREEMENT, IN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY COMPANY WITH RESPECT TO SERVICES OR PRODUCTS PROVIDED HEREUNDER, YOUR SOLE REMEDY SHALL BE (A) IN THE CASE OF SERVICES, REFUND OF A PRO RATA PORTION OF THE PRICE PAID FOR SERVICES WHICH WERE NOT PROVIDED, OR (B) IN THE CASE OF PRODUCTS, REPAIR OR RETURN OF THE DEFECTIVE PRODUCT TO COMPANY FOR REFUND, AT THE OPTION OF COMPANY. EXCEPT AS EXPRESSLY SET FORTH IN OR CONTEMPLATED BY THIS AGREEMENT, IN THE CASE OF REFUND FOR LOST SERVICE GREATER THAN TWENTY-FOUR (24) HOURS.
7. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.