Terms and Conditions of Use
You may not use the Site if you are under thirteen (13) years of age. If you are under 13, do not use the Service. Certain portions of the Site and/or certain Services offered on or through the Site require you to be eighteen (18) years old, for instance, entering into sweepstakes. If you are under 18, do not use those portions of the Site or Service.
Registration, User ID and Security
Use of the Site/Service
You may not copy or distribute any portion of the Site and/or Service for any purpose not authorized immediately above without Beauty Riot's express written permission.
Rules for Content Posted By You on the Site
The following rules apply to your submission of article comments or any other Content to be posted on the Site:
Beauty Riot does not control the Content posted by third parties via the Service, including the contents of any article comments, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to third-party Content that is offensive, indecent or objectionable. Under no circumstances will Beauty Riot be liable in any way whatsoever for any third-party Content, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any third-party Content or the products which are the subject of such Content. You agree that you must evaluate and bear all risks associated with the use of any third-party Content, including any reliance on the integrity and accuracy of such Content.
You acknowledge that other users may submit content that may be derogatory of your Posted Content, and BeautyRiot is under no obligation to monitor or delete any such derogatory Posted Content. If there should arise a dispute between you and another user of the Site, BeautyRiot is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion.
General Restrictions on Rights to Use the Site and Service
You agree that you shall not (and you agree not to allow any third party on your behalf to):
Intellectual Property Rights
Beauty Riot's Limited License to You
Your License to Beauty Riot
By posting content on the Site or submitting to us any content via the Site (in the form of article commentary or otherwise), you are representing that you are the owner of the content, or that you have the owner's express consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting BeautyRiot, and anyone authorized by BeautyRiot, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such Posted Content (in whole or in part), as modified by BeautyRiot in its sole discretion. This license is non-exclusive, except that you agree that Beauty Riot shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of article commentary. You acknowledge and agree that BeautyRiot, its affiliates and its partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you
The foregoing grant shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any compensation for your Posted Content.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:
c/o Total Beauty Media, Inc.,
3420 Ocean Park Blvd, Suite 3050
Santa Monica, CA 90405
Attn: Copyright Agent
or by e-mail to:
Please include the following information in your written notice:
THE INFORMATION, PRODUCTS AND SERVICE DISPLAYED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES TO WHICH WE LINK ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE OR CONTENT DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WE DO NOT WARRANT THAT OUR CONTENT OR ANY POSTED CONTENT, WHETHER DURING TRANSMISSION VIA THE INTERNET OR WHILE STORED ON OUR SERVERS, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS.
Links to Third Parties
Throughout the Site, we have provided links and pointers to web sites and weblogs maintained by third parties. Our linking to such third-party sites does not imply an endorsement, guarantee, approval or sponsorship of such sites, or the information, products or services offered on or through such sites. Nor do we warrant that these sites will not contain viruses or otherwise impact your computer. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web sites linked to by us on the Site. Users should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
Links to Affiliate Sites
This Site may include a variety of features, such as article comment features and e-mail services, which allow real-time interaction between Site users and provide feedback to us. Responsibility for Posted Content on public posting areas on the Site, or sent via any e-mail services to other Site users, lies with each user posting such content. You alone are responsible for your Posted Content, or for the Posted Content you allow a third party to post or send on your behalf. We do not control the messages, information or files that you or others may provide through the Site and are under no obligation to modify or remove any inappropriate Posted Content and are not responsible for the user submitting such content.
Links appearing on the Site may facilitate your purchase of products and services online that are provided by third party merchants. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. We are not responsible or liable with respect to the privacy and data collection practices of any merchant that obtains information from you in the course of your visit to that merchant's online store or any purchase transaction you may undertake on that merchant web site. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's web site and click on its information links or contact the merchant directly. You agree to release Beauty Riot, Total Beauty and its affiliates from any damages that you incur, and agree not to assert any claims against us arising from your purchase or use of any products or services occurring as result of a referral or link to a merchant appearing on the Site or the Service.
Sweepstakes and Promotions
From time to time, Beauty Riot or Total Beauty offers sweepstakes, contests, sample giveaways and other promotional activities (each, a "Promotion") via the Site. Your registration and/or enrollment for, and subsequent participation in, any Promotion shall be subject to rules and regulations associated with such Promotion which will be posted on the Site. You may be automatically enrolled and/or registered for certain of these Promotions by participating in the interactive features of our Site or by other actions, such as by registering for Site emails, referring new users to the Site or participating in features of Total Beauty's affiliated web sites. Unless otherwise specified by the rules and regulations of a particular Promotion, the Promotions require that participants be eighteen (18) years of age at the time of entry and that participants be legal residents of the U.S. In the event that you do not wish to participate in any particular Promotion (or any Promotion at all), please contact us and indicate your desire to "opt-out" of a particular Promotion by identifying the objectionable Promotion by name (or indicate your desire to opt out of all Promotions undertaken on the Site) in a written notice sent by U.S. Mail to:
c/o Total Beauty Media, Inc.
3420 Ocean Park Blvd, Suite 3050
Santa Monica, CA 90405
Attn: Sweepstakes and Promotions Opt-out
Free Product Offers and Samples
ALL FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL SAMPLE PRODUCT WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, ARE DISCLAIMED BY BEAUTYRIOT, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
By receiving any products through such sample and freebie offers, you agree to release and hold harmless Beauty Riot and its affiliates, and each of their respective parent companies and each such company's officers, directors, shareholders, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in any product samples and freebie offers or receipt or use or misuse of any such product.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BEAUTY RIOT, TOTAL BEAUTY, OR THEIR RESPECTIVE SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION AND DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS CONTENT, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICE MADE AVAILABLE THROUGH THE SITE, EVEN IF SUCH PARTIES ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATES' LAWS.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, ANY CONTENT, PRODUCTS OR SERVICES ON THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND BEAUTYRIOT.
YOU ALSO AGREE THAT BY VISITING AND USING THIS SITE, YOU ARE BOUND TO THESE DISPUTE RESOLUTION TERMS AND YOU AND BEAUTYRIOT ARE BOTH WAIVING THE RIGHT TO TRIAL BY JURY. YOU AND BEAUTYRIOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION; CLASS ACTIONS ARE NOT PERMITTED.
For any claim where the total amount of the award sought is $10,000 or less, JAMS, you and BeautyRiot must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules, and the hearing (if any) must take place in your choice of the following locations: Los Angeles, CA or New York, NY. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. BeautyRiot will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. For claims totaling more than $10,000, BeautyRiot will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
If for any reason a claim proceeds in court rather than in arbitration, you and BeautyRiot both waive any right to a jury trial. In the event any of the terms of this Section 14 are held to be unenforceable by a court, then the disputes or claims that would otherwise have been arbitrated shall be exclusively brought in the state courts of the State of California, City of Los Angeles, or the U. S. Federal Court located in the Central District of California, and you and BeautyRiot both waive any claim of forum non-conveniens. You and BeautyRiot also agree that you or BeautyRiot may bring suit in court to enjoin infringement or other misuse of intellectual property rights, provided that such suit and claims may be brought only in the courts identified in the prior sentence.
YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THESE TERMS OF SERVICE WITHIN SIX (6) MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER BY YOU OF ANY RIGHTS YOU MAY HAVE PURSUANT TO THESE TERMS OF SERVICE WITH RESPECT TO ANY CLAIM YOU MAY HAVE (AND ANY SUCH CLAIM SHALL BE PERMANENTLY BARRED).
FTC Required Disclosure
BeautyRiot endeavors at all times to provide unbiased product reviews and editorials. However, we want you to know that BeautyRiot receives free products from companies or their agents which we sometimes review or discuss in BeautyRiot's editorials, and that BeautyRiot sometimes displays advertising or undertakes promotional programs for those products or the companies making those products (or other of their products), for which BeautyRiot is compensated.
Contact and Violations
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site and Service are entitled to the following specific consumer rights notice: The Correspondence and Complaint Review Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1265 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last updated on September 3, 2013
©2009 - 2014 Total Beauty Media, Inc. All rights reserved.
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