Last Updated on April 12, 2018. These terms and conditions (the Terms) govern your access to and use of ReviewMyMakeupArtist's facebooks. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with ReviewMyMakeupArtist, LLC, a Delaware limited liability company headquartered in NYC (ReviewMyMakeupArtist). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Parties
You and your refer to you, as a user of the Site. A user is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. We, us, and our refer to ReviewMyMakeupArtist. Consent
Content means text, images, photos, location data, and all other forms of data or communication. Your Content means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. User Content means Content that users submit or transmit to, through, or in connection with the Site. ReviewMyMakeupArtist Content means Content that we create and make available in connection with the Site. Site Content means all of the Content that is made available in connection with the Site, including Your Content, User Content, and ReviewMyMakeupArtist Content.
We may modify the User Agreement from time to time. You understand and agree that your access to or use of the Site is governed by the User Agreement effective at the time of your access to or use of the Site. If we make material changes to these User Agreement, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these User Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new User Agreement. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the User Agreement indicates your acceptance of the modifications.
Eligibility To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into the terms of the user agreement. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. Permission to use the site We grant you permission to use the Site subject to the restrictions in the terms of the user agreement. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Site availability The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. User accounts You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to strengthen your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with ReviewMyMakeupArtist. Communications from ReviewMyMakeupArtist and other users By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other users. You will also receive our newsletter. You can opt-out of non-essential communications.
Responsibility for your content You are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by ReviewMyMakeupArtist. You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Our right to use your content We may use your content in a number of different ways, including publicly displaying it, reformatting it, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own facebooks and media platforms (Other Media). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your content for any purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access your content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ReviewMyMakeupArtist and its users any claims and assertions of moral rights or attribution with respect to your content. By use we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content. Ownership As between you and ReviewMyMakeupArtist, you own your content. We own the ReviewMyMakeupArtist content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of user content and other site content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding your content, user content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (IP Rights) associated with the ReviewMyMakeupArtist content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the ReviewMyMakeupArtist content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the ReviewMyMakeupArtist content are retained by us. Other User content (including any that may have been created by users employed or contracted by ReviewMyMakeupArtist) does not necessarily reflect the opinion of ReviewMyMakeupArtist. We reserve the right to remove, screen, edit, or reinstate user content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
We are under no obligation to enforce the terms of the user agreement on your behalf against another user. While we encourage you to let us know if you believe another user has violated the terms of the user agreement, we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the Site to:
You also agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Content guidelines You represent that you have read and understood our Content guidelines.
Inappropriate content: Colorful language and imagery is fine, but not for threats, harassment, lewdness, hate speech, and other displays of bigotry.
Conflicts of interest: Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of yourself, your friends’ or relatives’, your peers or competitors in your industry, or businesses in your networking group. Recruiters should not ask you to write reviews.
Relevance: Please make sure your contributions are relevant and appropriate to the forum. For example, reviews aren't the place for rants about a company’s employment practices, political ideologies, extraordinary circumstances, or other matters that don't address the core of the consumer experience.
Intellectual property: Don’t swipe content from other sites or users. Write your own reviews. Privacy Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (1) take action regarding suspected illegal activities; (2) enforce or apply our terms of the user agreement and Privacy Policy; (3) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (4) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.
You agree to indemnify, defend, and hold ReviewMyMakeupArtist, any related companies, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the ReviewMyMakeupArtist Entities) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (1) your access to or use of the Site, (2) your violation of the terms of the user agreement, (iii) any products or services purchased or obtained by you in connection with the Site, or (4) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ReviewMyMakeupArtist reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of ReviewMyMakeupArtist. ReviewMyMakeupArtist will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Please read this section carefully since it limits the liability of the ReviewMyMakeupArtist entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of the terms of the user agreement, please consult with a legal professional prior to accessing or using the Site. By accessing or using the Site, you represent that you have read, understood, and agree to the terms of the user agreement, including this section. You are giving up substantial legal rights by agreeing to the terms of the user agreement. The site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the ReviewMyMakeupArtist entities may not monitor, control, or vet user content. As such, your use of the Site is at your own discretion and risk. The ReviewMyMakeupArtist entities make no claims or promises about the quality, accuracy, or reliability of the Site, its safety or security, or the Site content. Accordingly, the ReviewMyMakeupArtist entities are not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site. The ReviewMyMakeupArtist entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the site or the site's users. Accordingly, the ReviewMyMakeupArtist entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk. The ReviewMyMakeupArtist entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the ReviewMyMakeupArtist entities shall create a representation or warranty. Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site. Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site. The ReviewMyMakeupArtist entities disclaim liability for any (1) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of profits, (3) business interruption, (iv) reputational harm, or (4) loss of information or data.
NY and Delaware laws will govern these terms of the user agreement, as well as any claim, cause of action or dispute that might arise between you and ReviewMyMakeupArtist, without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within New York and Delaware.
You may terminate the terms of the user agreement at any time by closing your account, discontinuing your use of the Site, and providing ReviewMyMakeupArtist with a notice of termination. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, your content, site content, or any other related information. In the event of any termination of the terms of the user agreement, whether by you or us, Sections 1, 4, 5, 7 - 11 will continue in full force and effect, including our right to use your content as detailed in Section 4.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the terms of the user agreement by email or communications through the Site. Except as otherwise stated in Section 7 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The terms of the user agreement contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in the terms of the user agreement. Any failure on ReviewMyMakeupArtist's part to exercise or enforce any right or provision of the terms of the user agreement does 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 the terms of the user agreement is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the terms of the user agreement shall otherwise remain in full force and effect and enforceable. The terms of the user agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with ReviewMyMakeupArtist's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate the terms of the user agreement and be void. The section titles in the terms of the user agreement are for convenience only and have no legal or contractual effect.