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.
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, 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 herein. Accessing the Site, in any manner, constitutes use of the Site and your agreement to be bound by these Terms of Use. 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, 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 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.
Privacy Policy
Registration data and other information collected about you are subject to our Privacy Policy, the terms of which are incorporated herein. You should review our Privacy Policy to understand how we collect and use data about you.
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.
By using the Site and/or 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 herein. This Site is administered in the Uninted States of America and intended for United States users; any use outside of the United States is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or the Service.
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, zip code and country. 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, an e-mail address you own, and your zip code) 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.
Use of the Site/Service
Subject to the restrictions on use and on posting 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"); post and share comments regarding articles on the Site; participate in sweepstakes, sample 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.
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.
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 our web site or infringes the rights of others.
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:
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 your 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 that become available from time to time and through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.
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 to):
Intellectual Property Rights
Beauty Riot's Limited License to You
This Site and all the materials available on the Site are the property of Beauty Riot, Total Beauty and/or its affiliates and licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials 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 materials, 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 materials from the Site may be obtained by contacting information@beautyriot.com.
Your License to Beauty Riot and Total Beauty
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 us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully paid up, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, 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. This license is non-exclusive, except that you agree that Beauty Riot and Total Beauty 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.
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 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 consideration 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:
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.
Disclaimers
General Disclaimers
THE INFORMATION, PRODUCTS AND SERVICES 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 MATERIALS DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
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
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 affiliates sites' home pages.
Interactive Features
This Site may include a variety of features, such as article comment features and e-mail services, which allow feedback to us and real-time interaction between Site users. 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. 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 Content and are not responsible for the user submitting such Content.
Online Commerce
Certain sections of the Site may facilitate your purchase of products and services online that are provided by third parties. 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 website 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 on the Site or the Service to a merchant.
Sweepstakes and Promotions
From time to time, Beauty Riot and Total Beauty offer sweepstakes, contests, sample giveaways and other promotional activities (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 United States of America. 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 TOTAL BEAUTY, 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, Total Beauty and its subsidiaries and 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 MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE 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 MATERIALS, 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.
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, or (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.
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.
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.
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree further to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. 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 or Total Beauty may provide you with notices by email, regular mail or postings on the Service. The failure of Total Beauty to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 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 Total Beauty's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
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.
Last updated on June 26, 2012
© 2012 Total Beauty Media, Inc. All rights reserved.
Thank you
for signing up!
Please add us to your safe send list
so our emails land in your inbox.
