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Terms of Use

Welcome! This BeautyRiot.com web site (the "Site") is owned and operated by Total Beauty Media, Inc. ("Beauty Riot", "Total Beauty", "we", "us" or "our"). Total Beauty makes this Site and the content, information, products and services available on this Site (collectively the " Service") subject to acceptance of and compliance with the terms and conditions set forth in these terms of use (collectively, the "Terms of Use") and elsewhere on this Site. The terms "you," "your" "yours" and "yourself" refer to all visitors to this Site

  1. Terms and Conditions of Use

    Please review these Terms of Use very carefully. By using or visiting this Site and all linked pages owned and operated by Total Beauty (other than to read these Terms of Use for the first time), you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional guidelines, rules, terms and conditions that may apply to specific sections of the Site or to the Service available on the Site or to anything else referenced in these Terms of Use. Accessing the Site, in any manner, constitutes use of the Site and your agreement to be bound by these Terms of Use (just as if you had signed an agreement with Total Beauty and regardless of whether you have read them or not). If you do not agree with these Terms of Use, you will have no right to use the Site and you should leave the Site and discontinue your use of the Service immediately.

    Certain features and functionality included in the Service may be subject to additional posted notices, terms and/or conditions. Your use of such features and functionality is subject to those additional notices, terms and/or conditions, all of which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and any additional posted notices, terms and conditions, these Terms of Use shall control.

    We reserve the right to change these Terms of Use or to impose new conditions on your use of the Site or the Service from time to time, in which case we will post the revised Terms of Use on this Site and update the date listed at the very bottom of this web page and they will be effective immediately upon posting. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

  2. Privacy Policy

    Registration data and other information collected about you are subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. You should review our Privacy Policy to understand how we collect and use data about you. By using this Site, you consent to our collection and use of this information as described in our Privacy Policy.

  3. Eligibility

    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.

    By using the Site and/or accessing the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth in these Terms of Use. This Site is administered in the United States of America and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Service.

  4. Registration, User ID and Security

    In order to access or use certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, and location. In addition, if you elect to access and use certain other features of the Site, such as article commenting, you may be required to register with us on a registration form which will require you to provide personally identifiable information (such as your name, age, and an e-mail address you own) and to select a password and user name, which shall consist of an email address you own and use ("User ID"). You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration page. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. Further, you may not: (i) enter, select or use a user name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID, in our discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. You agree to (a) notify BeautyRiot immediately of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

  5. Use of the Site/Service

    Subject to the restrictions on use and on posting content set forth in this Terms of Use, you may use the Site to: access the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Service (collectively, the "Content"); rate and leave comments regarding items of Content with other Site users; engage in our community features; participate in sweepstakes, sample or gift giveaways and other promotions; and invite people you know to become registered members of the Site.

    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.

    We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes upon the rights of others.

  6. 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:

    • You are solely responsible for any comments and other content that you submit, publish or display on the Site or transmit to other members and/or other Site users (the "Posted Content").
    • You agree that you will only provide Posted Content that you believe to be true.
    • You may not post any content that: (i) is libelous, defamatory, knowingly false or intentionally misleading; (ii) violates the privacy, publicity, moral or any other right of any third party; or (iii) violates any obligation of confidentiality.
    • You may not post or distribute content on or via the Site that: (i) is patently offensive to users of the Site, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is threatening, abusive, obscene, or insulting to other Site users or any other person; or (iii) harasses or advocates harassment of another person.
    • You may not post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts.
    • You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property rights of any party.
    • You may not post any content that falsely states or implies that such content is sponsored or endorsed by Beauty Riot or Total Beauty.
    • You may not provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity.
    • You may not use the Site to post or disseminate any advertisements or any other information, software or other material for commercial purposes.
    • You may not use the Site to solicit anyone to buy or sell products or services, to make donations of any kind, or link to third party web sites undertaking either of such activities without our express written approval.
    • You may not use the Site to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any make-money-fast schemes, chain letters, or pyramid (ponzi) schemes.
    • You may not gather for marketing purposes any e-mail addresses, user names, passwords or other personal information that has been posted by other users of the Site.

    Total Beauty reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, removing the offending Posted Content or other Content from the Service and terminating the membership of violators or blocking one's use of the Service and/or the Site. You understand and agree that we have no obligation to monitor any article commentary or other areas of the Site through which users can supply comments, information or other material. We also reserve the right at all times to refuse to post or to remove any content, in whole or in part, that in our sole discretion is objectionable or in violation of these Terms of Use and/or to disclose any information we believe necessary to satisfy any law, regulation or governmental request.

    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.

  7. 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):

    • modify, adapt, translate, or reverse engineer any portion of the Site and/or Service;
    • frame or inline link any of the Content of the Site, or incorporate into another web site or other service any of our Content or intellectual property, without our prior written permission; however, you may establish a hypertext link to your web site so long as the link does not state or imply any sponsorship of your site by BeautyRiot, Total Beauty or the Site;
    • remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Service or in or on any Content or other material obtained via the Site and/or Service;
    • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Service;
    • collect any information about other users or members (including usernames and/or email addresses) for any purpose;
    • create user accounts by automated means or under false or fraudulent pretenses;
    • create or transmit unwanted electronic communications such as "spam" to other users or members of the Site and/or Service or otherwise interfere with other users' or members' enjoyment of the Site and/or Service;
    • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    • use of the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that are deemed threatening or obscene;
    • copy or store any Content offered on the Site for any purpose not expressly permitted in these Terms of Use;
    • use any device, software or routine that interferes with the proper working of the Site and/or Service, or otherwise attempt to interfere with the proper working of the Site and/or Service;
    • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure;
    • use the Site and/ or Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
    • collect or store personal data about other users in connection with undertaking any activities prohibited under this Section 7.
  8. Intellectual Property Rights

    Beauty Riot's Limited License to You

    This Site and the Content available on the Site are the property of BeautyRiot and/or its affiliates and licensors, and are protected by copyright, trademark, and other intellectual property laws. Subject to these Terms of Use, BeautyRiot grants you a non-exclusive non-transferable license to use the Site solely for your personal non-commercial use. You may not use the Site or the Content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute Content from the Site may be obtained by contacting information@beautyriot.com.

    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.

  9. 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:

    BeautyRiot.com c/o Total Beauty Media, Inc.,
    3420 Ocean Park Blvd, Suite 3050
    Santa Monica, CA 90405
    Attn: Copyright Agent

    or by e-mail to:
    copyrightagent@beautyriot.com.

    Please include the following information in your written notice:

    1. a detailed description of the copyrighted work that is allegedly infringed upon;
    2. a description of the location of the allegedly infringing material on the Site;
    3. your contact information, including your name, address, telephone number, and, if available, e-mail address;
    4. a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
    5. a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
    6. an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

    Please note that the contact information provided in this Section 9 is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.

  10. Disclaimers

    General Disclaimers

    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.

    BeautyRiot endeavors to connect with its users on various social media sites such as facebook (www.facebook.com/beautyriot), Twitter (www.twitter.com/beautyriot), Instagram (www.instagram.com/beautyrioteditors#) and Pinterest (www.pinterest.com/beautriot). These Terms of Use do not apply to your access and use of the BeautyRiot areas appearing on these social media sites and any other social media web sites where BeautyRiot determines to maintain a presence in the future. You should check the applicable terms of use and privacy policies of those sites before you access and use the areas BeautyRiot maintains on those sites.

    Links to Affiliate Sites

    Throughout the Site, we have also provided links and pointers to other web sites operated by Total Beauty. These Beauty Riot terms and conditions (and its related privacy policy) do not govern any interactions you may have with our affiliate sites. Each of those web sites maintains its own distinct terms of use and privacy policy, which shall control your visits to and interactions with those web sites. In the course of your visits to any such affiliate sites, we encourage you to click through and inform yourself about our affiliate sites' terms of use and privacy policies by clicking through the links to the terms of use and privacy policies that are available from each of our affiliate sites' home pages.

    Interactive Features

    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.

    eCommerce

    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:

    BeautyRiot.com 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.

  11. 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.

  12. Indemnity

    You agree to indemnify and hold Beauty Riot, Total Beauty, and their respective parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Service, (iii) the violation of these Terms of Use by you, (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity, and (v) any content you post on this Site.

  13. Termination

    These Terms of Use will remain in full force and effect while you use the Site and avail yourself to the Service. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of any such cancellation or termination, you shall no longer be authorized to access all of the Site or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any termination of your right to use the Site. Sections 2, 6, 8, 10, 11, 12, 13 and 14 shall survive any termination or expiration of these Terms of Use.

  14. Dispute Resolution

    PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND BEAUTYRIOT.

    By using this Site and any Service offered on or through this Site, you agree that the laws of the State of California excluding that state's choice-of-law principles will govern these Terms of Use, the breach thereof, and any dispute of any sort that might arise between you and BeautyRiot, whether sounding in contract, tort or otherwise.

    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.

    Any and all disputes between you and BeautyRiot, whether arising under or related in any way to these Terms of Use, your use of this Site, any products you purchase through BeautyRiot or Total Beauty, or otherwise, must be resolved through binding arbitration as described in this Section 14. To begin an arbitration proceeding against BeautyRiot, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 2730 Gateway Oaks Drive, Suite 100, Sacramento CA 95833. Any arbitration proceeding shall be administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS") in accordance with its streamlined arbitration rules and procedures, including the optional arbitration appeal procedure (collectively, the "JAMS Rules"). A copy of the current versions of these JAMS Rules can be viewed at http://www.jamsadr.com/rules-streamlined-arbitration and http://www.jamsadr.com/rules-optional-appeal-procedure. The JAMS Rules shall govern the selection of a single, neutral, commercial arbitrator, except that such arbitrator must have substantial experience in resolving intellectual property and commercial contract disputes and either be licensed to practice law in California or be a retired judge, either of whom shall be selected from the appropriate list of JAMS arbitrators. Any appellate panel shall consist of three (3) neutral arbitrators, who shall each be subject to the foregoing requirements. The arbitrator's decision shall be controlled by and be based upon these Terms of Use. Upon conclusion of any arbitration proceedings, the arbitrator shall render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision he or she has reached and shall deliver such documents to each party to the arbitration along with a signed copy of the award. The arbitrator's ruling is binding and may be entered as a judgment in any court having jurisdiction over the subject matter thereof or application may be made to such court solely for judicial acceptance of any award and an order of enforcement, as the case may be. All arbitration proceedings, including documents filed in the course of such proceedings, and the fact that the arbitration is being conducted, shall be and remain confidential.

    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).

  15. Miscellaneous

    These Terms of Use constitute the entire agreement between Beauty Riot and you with respect to the subject matter contained in these Terms of Use and supersede all previous and contemporaneous agreements, proposals and communications, written or oral.

    No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Beauty Riot or Total Beauty in any respect whatsoever. Beauty Riot may provide you with notices by email, regular mail or postings on the Service. The failure of BeautyRiot to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with BeautyRiot's prior written consent. BeautyRiot may transfer, assign or delegate these Terms of Use and its rights and obligations without your consent. The section titles in these Terms of Use are for convenience only; they may not accurately reflect the content of the provisions they introduce; and they shall have no legal or contractual effect. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

  16. 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.

  17. Contact and Violations

    Please contact us at legal@beautyriot.com with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to legal@beautyriot.com.

  18. 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

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