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.
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;
- Fails to comply with applicable third-party terms; or
- Constitutes any other inappropriate conduct, as determined by us in our sole discretion.
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.
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.
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.
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.