PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SITES AND APPLICATIONS.
Site Content, Ownership, Limited License, and Rights of Others Site Use and Restrictions Creating and Terminating Accounts Postings You Make (“User-Generated Content”) Rules for User-Generated Content Reporting Potential Copyright Infringement to Us Purchasing Terms and Policies Return Policy Order Acceptance Policy No Responsibility to Sell Mispriced Products or Services Modifications to Prices or Billing Terms Links by You to Our Sites Links to Other Websites and Online Services Governing Law Dispute Resolution Limited Time to File Claims No Class Action Matters DISCLAIMERS AND LIMITATIONS OF LIABILITY Sites and Applications Operated in the United States Miscellaneous Terms Assignment Communications Indemnity No Waiver Severability and Interpretation Amendments or Changes to These Terms Contact Us
Site Content, Ownership, Limited License, and Rights of Others
All materials and content on our sites and applications are protected by copyrights, trademarks, or other intellectual property rights. These materials are owned by MB, or are used with permission of their owners or as otherwise authorized by law. Such materials include, but are not limited to, trademarks, content, photographs, images, illustrations, text, videos, and other materials. MB trademarks include, but are not limited to, True, Pure, Inspire, and other MB brands, logos and tag lines. All rights are reserved, worldwide. Subject to your strict compliance with these Terms, MB grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use our sites and applications for your personal, non-commercial purposes only. When using our sites and applications, you must respect the intellectual property and other rights of MB and others. Your unauthorized use of content from our sites or applications may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. MB respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it on our sites or applications, please review Reporting Potential Copyright Infringement to us, below.
Site Use and Restrictions
Any unauthorized use of our sites or applications for any purpose is prohibited. We may suspend or terminate the availability of our sites or applications (and any elements or features of them), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability. You agree that you will not:
(1) aside from your purchase of goods or services offered for sale by MB or its affiliates, use our sites or applications for any political or commercial purpose;
(2) engage in any activities through or in connection with our sites or applications that attempt to or do harm any individuals or entities or are unlawful, offensive, abusive, or that violate any right of any third party, or are otherwise objectionable to MB;
(3) reverse engineer, decompile, disassemble, reverse assemble, or modify any site or application source or object code or any software or other products, services, or processes accessible through any portion of our sites and applications;
(4) engage in any activity that interferes with another user’s access to our sites or applications or the proper operation of our sites or applications, or otherwise causes harm to our sites or applications, SB, or other users;
(5) interfere with or circumvent any security or access feature of our sites or applications; or otherwise violate these Terms.
You also agree that, in using our sites and applications:
(1) you will not copy or distribute any content from our sites or applications manually or by using any robot, scraper, crawler, or any other automatic device or process;
(2) you will not frame or utilize framing techniques to enclose any content from our sites (including any images, text, or page layout);
(3) you will keep intact all trademark, copyright, and other intellectual property notices contained in content from our sites and applications;
(4) you will not use content from our sites or applications in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
(5) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit content from our sites or applications in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of MB or, in the case of content from a licensor, the owner of the content; and you will not insert any code or product to manipulate content on our sites or applications.
Creating and Terminating Accounts
To use some of the features on our sites and applications, you must first register for an account through our online registration process. When you register for an account, you will select your own password (or we may send you an e-mail with an initial password) and you agree that:
(1) You will not use a username (or e-mail address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;
(2) You will provide true, accurate, current, and complete registration information about yourself during the registration process and will update it as needed to keep it accurate;
(3) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
(4) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password protected portion of our sites or applications using your name, username, or password;
(5) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and
(6) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
Postings You Make (“User-Generated Content”)
We may offer features on our sites and applications that allow you to make postings or otherwise submit messages or create content (“User-Generated Content”). We may allow you to create User-Generated Content through product reviews, comments, forums, messaging features, or other functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it. You hereby grant to MB a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use any User-Generated Content that you create or post in any manner, as SB sees fit, including for advertising, marketing, or promotional purposes. As such, you acknowledge and agree that User-Generated Content may be made publicly available, and you grant that MB may, but is not obligated to, protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint MB as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). When you submit User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to the User-Generated Content you submit, and that (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit it and grant MB the rights to it that you are granting by these Terms, all without any MB obligation to obtain consent of any third party and without creating any obligation or liability of MB; (b) the User-Generated Content you submit is accurate; (c) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms or cause injury or harm to any person. MB may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any User-Generated Content, and MB may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of our sites and applications.
Rules for User-Generated Content
When you make postings or otherwise create User-Generated Content, you agree to the following:
- All of your User-Generated Content either must be your original work or you must have all necessary rights in it from third parties required for you to comply with these Terms. Your User-Generated Content should not contain any logos, phrases, or trademarks that belong to third parties.
- If we permit you to post or link to photos, link to embedded videos, or otherwise include other images of real people, then you must make sure that they depict only you, or that you have express permission to depict and post images of each other person depicted.
- All of your activities on our sites or applications, including User-Generated Content, must be appropriate, as determined by us. Please be respectful of others.
- Your User-Generated Content must not be for commercial or political purposes.
- Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- You may not impersonate any other person, user, or company. Do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- All User-Generated Content may be publicly accessible and as such should not contain personal information.
- Once you submit User-Generated Content to our sites or applications, you may not be able to edit or remove it.
- Your User-Generated Content must not contain viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of our sites or applications or others’ software or devices.
- You are solely responsible for your interaction with other users of our sites and applications, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. If you submit User-Generated Content that MB believes may violate any of these rules, then we may, but are not required to, take any legally available action that we deem appropriate, in our sole discretion, including the removal of such Content or your account or restriction of access to our sites or applications. You may report potential violations of these rules to us at firstname.lastname@example.org .
Reporting Potential Copyright Infringement to Us
If you believe that any material on our sites or applications infringes your copyright, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to email@example.com or by writing to Legal Department, Made Beautiful LLC. 5555 Glenridge Connector, Atlanta, GA 30342 please include the following, as required by the DMCA:
- Identify the copyrighted work(s) you claim is infringed.
- Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
- Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Include the Claimant’s name, address, and telephone number(s).
- Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Purchasing Terms and Policies
To purchase any products or services on our sites or applications, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. Prior to the purchase of any products or services on our sites or applications, you must provide us with a valid credit card number or third-party payment account and any associated payment information. By submitting that information to us or our credit card processor, you hereby agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on our sites or applications, you agree to pay the price applicable (including any sales taxes, shipping and handling, and any applicable surcharges) as of the time you submit the order. MB will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT MB, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MB of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If MB does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MB or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use, or value-added taxes. MB shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.