Notice
This website (makeupartistryinc.com) and its affiliated pages (such as makeupartistryinc.com) (collectively, the “Site”) are made available by Makeup Artistry, Inc. (“Makeup Artistry, Inc.,” “we,” “us,” or “our”). Please read these terms and conditions carefully. By accessing or using this site, you agree to be bound by the terms of use set forth below (the “Terms of Use”), including the arbitration provision and class action waiver. If you do not agree to the Terms of Use, you should discontinue your use of this site. By accepting these Terms of Use, you also acknowledge that you have read, understand, and agree to our Privacy Policy, which also governs your visit to the Site and is incorporated by reference into these Terms of Use.
Arbitration Notice
Except for certain types of disputes described in the “Arbitration Provision and Class Action Waiver” section below, and unless you opt-out as set forth in that same section, you agree that disputes between you and Makeup Artistry, Inc. or other parties described herein will be resolved by binding, individual arbitration at the election of either party. You waive your right to a jury trial and your right to bring or resolve any dispute as or to participate in a class, private attorney general, representative, or collective action in court or in arbitration.
Site Content
The products, services, information, materials, graphics, arrangement, design, text, sound, and other items contained on the Site (collectively, the “Content”) and these Terms of Use are subject to change at any time, without notice. Any such changes shall take effect as soon as they are posted on the Site (or, if we provide advance notice of the change, on the date specified in any such notice). Your use of the Site after the effective date of the changes shall constitute your agreement to be bound by the terms of the changes.
Makeup Artistry, Inc. reserves the right to terminate any Content or the Site at any time, without prior notice. Makeup Artistry, Inc. reserves the right to modify any of the Content at any time, without notice. In the event we terminate any Content, the Site, or these Terms of Use, any existing transactions you have entered into with us will remain in effect. You agree to review the Content on the Site periodically to ensure that you are aware of any modifications. If you continue to use the Site after modifications are effective, you agree to the Content as modified.
The Content is provided for informational purposes only. Makeup Artistry, Inc. believes that the Content is accurate, but it does not warrant its completeness, timeliness, or accuracy. You understand that any examples, calculators, or other tools that Makeup Artistry, Inc. may make available on the Site are to provide you with estimates only. These estimates may be different from actual amounts. While Makeup Artistry, Inc. attempts to keep such estimates, calculators, and tools accurate, you understand that Makeup Artistry, Inc. does not warrant that they are error-free.
Use of Site
The Site, and the products and services described on the Site, are intended for use by individuals who are at least 13 years old. If you are under the age of 13, you should not be visiting the Site.
You may view the Content contained on the Site and print pages from the Site only for informational, non-commercial purposes. Your use of the Site is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use, or exploit the Content or the Site for any commercial purpose. Any unauthorized or illegal use of the Site or the Content is strictly prohibited.
Your use of the Site may be monitored, tracked, and recorded. By using the Site, you expressly consent to such monitoring, tracking, and recording.
To use the Site, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. We will not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computing device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.
You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site. You agree that when using the Site you will not misrepresent your identity or impersonate any other person. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and/or Makeup Artistry, Inc. systems, including but not limited to unauthorized entry into any of our systems or misuse of any Content posted on the Site, is strictly prohibited. You are prohibited from using the Site in any manner that:
- Constitutes a commercial use other than for your own use;
- Accesses data that is not intended for you;
- Attempts to harvest, collect, gather, or assemble information or data;
- Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site;
- Probes, scans, or tests the vulnerability of this Site, our network, our security, or authentication measures without proper authorization;
- Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- Sends unsolicited mail, including promotions and/or advertising of products and services;
- Is unlawful, fraudulent, or deceptive;
- Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- Violates these Terms of Use or any other policies or agreements that you enter into with us;
- Fails to comply with applicable third-party terms; or
- Constitutes any other inappropriate conduct, as determined by us in our sole discretion.
If you violate any provision of these Terms of Use, we reserve the right to terminate your access to the Site. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you, deny you access to the Site.
You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use. You understand and agree that your use of the Site is at your own discretion and at your own risk. By using the Site, you understand and agree that Makeup Artistry, Inc. disclaims any liability (whether based in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect, incidental, consequential, compensatory, punitive, or legal (whether under statute, regulation, or at common law) damages that may arise out of your access or use of the Site or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.
If Makeup Artistry, Inc. provides you with a secure means of accessing a portion of the Site (such as a user ID and password), you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify Makeup Artistry, Inc. of any unauthorized use of your log-in credentials or other breach of security known to you.
Copyright Notices
The works of authorship contained on the Site, including but not limited to all design, text, sound recordings, and images, are owned (except as otherwise expressly stated) by Makeup Artistry, Inc. Except as may be expressly stated on the Site, they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used-in whole or in part-except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of Makeup Artistry, Inc.’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice that may be contained in the Content when downloaded or printed.
Submissions
All information submitted to Makeup Artistry, Inc. through the Site shall be deemed and remain the property of Makeup Artistry, Inc.. Makeup Artistry, Inc. shall be free to use (for any purpose) any and all ideas, concepts, know-how, or techniques that are contained in any information that you may submit to Makeup Artistry, Inc. through the Site. Makeup Artistry, Inc. shall not be subject to any obligations of confidentiality regarding information submitted through the Site, except as may be specifically agreed to by Makeup Artistry, Inc. or that may be required by applicable law. However, nothing in the foregoing shall be construed as limiting or in any way reducing the responsibilities that Makeup Artistry, Inc. may have under the terms of its Privacy Policy.
Links to Other Sites
Makeup Artistry, Inc. may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. On certain webpages of our Site, we may offer social media plugins, including, but not limited to, Facebook or Twitter, which will establish a direct connection to the respective third party social media website. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by Makeup Artistry, Inc. of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site.
Makeup Artistry, Inc. makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. Makeup Artistry, Inc. does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. Makeup Artistry, Inc. does not warrant that any Third Party Site is free from any viruses or other contamination.
You understand that Third Party Sites may have a privacy policy that is different from that of Makeup Artistry, Inc. and that Third Party Sites may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your sole discretion.
Potential for Disruptions in Services
You understand and agree that from time to time the Site may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Makeup Artistry, Inc. and despite commercially reasonable processes and procedures implemented by Makeup Artistry, Inc. to maintain the Site. You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance. You agree that we will not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control.