Terms & Conditions
These Terms of Use were last updated: March 8, 2012
PLEASE CONSIDER THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMERS CAREFULLY.
My is a brand owned by CoreBeauty LLC (“CoreBeauty”), which owns and controls this website. Use of this website at www.makemyyours.com (the “Site”) is subject to the following Terms (the “Terms”). By using this Site, you agree, without limitation or qualification, to be bound by the Terms and our Privacy Policy (at www.makemyyours.com/privacy), whether or not you have read them. Agreeing to be bound by the Terms creates a binding contract (“Agreement”) between you and CoreBeauty that you will use the Site only in a manner consistent with these Terms. Additional terms and conditions may apply to other uses of portions of the Site and you agree to abide by such other terms and conditions. Such additional terms and conditions are incorporated into these Terms and included in the definition of “Terms.” If you do not agree to the Terms, please do not use or access this Site.
CoreBeauty and its subsidiaries and affiliates to which these Terms apply may be collectively referred to herein as “CoreBeauty,” “we,” “us,” or “our,” as the context requires.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to comply with all local rules regarding online conduct and acceptable content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CoreBeauty reserves the right to change or modify any of the Terms at any time, without notice, and in its sole discretion. If the Terms change, CoreBeauty will post a new version of the Terms on the Site and revise the date of the Terms set forth above, at which time any changes will be effective. By continuing to use the Site after the revised Terms have been posted, you agree, without limitation or qualification, to be bound by the revised Terms whether or not you have read them. If you do not agree to the revised Terms, you must immediately cease using the Site. You should frequently return to this page to review the Terms and any revisions to the Terms.
1. Your Use of the Site
CoreBeauty grants you a limited, non-transferable license to use the Site in accordance with the Terms. You may only use the Site to view information, make purchases, post content (consistent with the Conduct Guidelines below), make legitimate inquiries and any other personal use (consistent with the Conduct Guidelines below). You may not use the Site for any other purposes. The Site and the content provided on the Site, including but not limited to any text, graphics, graphic images, button icons, software, data compilations, scripts, photos, audio, digital downloads, sounds, music, videos, interactive features, “look and feel” and the like (collectively, “Content”) may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transferred, sub-licensed, disassembled, decompiled, reverse engineered, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, accessed, modified, licensed, or otherwise exploited, in whole or in part, without the written permission of CoreBeauty, and/or its third party partners, except that you may download, display and print the materials presented on the Site for your personal, non-commercial use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying.
CoreBeauty grants you a limited, revocable, and nonexclusive license to create a hyperlink to the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial, illegal or inappropriate for any ages; and (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions. CoreBeauty may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by CoreBeauty to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 1 without prejudice to any other remedy provided by applicable law or these Terms.
2. Intellectual Property Rights
Except for any User Content (defined below), the Content on the Site, including without limitation, the graphic images, buttons, text, software, scripts, photos, sounds, music, videos, interactive features, “look and feel” and the like, the trademarks, service marks and logos contained therein (“Marks”), and any other proprietary rights related thereto or appearing on the Site are owned by or licensed to CoreBeauty and its subsidiaries, and subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, republished, framed, mirrored, uploaded, posted, transferred, sub-licensed, disassembled, decompiled, reverse engineered, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, accessed, modified, licensed, or otherwise exploited, in whole or in part, for any other purposes whatsoever without the prior written consent of the respective owners or as otherwise expressly permitted in these Terms. CoreBeauty reserves all rights not expressly granted in and to the Site and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted in these Terms, including any use, copying, or distribution of content submitted by third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, all copyright, trademark or other proprietary notices must remain unchanged and visible. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site.
3. Products and Services for Personal Use Only
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. CoreBeauty reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of the Terms.
4. Product Statements
The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
5. Interactive Features/User Content
The Site has, or in the future may have, features that allow you to interact with us or other users of our Site by transmitting, uploading, posting, e-mailing or otherwise making available text, graphics, images, or other materials (“User Content”).
(a) You agree to be fully responsible for your own User Content and the consequences of posting or publishing them.
(b) CoreBeauty does not endorse any User Content or any opinion, recommendation or advice expressed therein, and CoreBeauty does not guarantee the accuracy, integrity or quality of User Content. CoreBeauty disclaims all liability with respect to the User Content.
(c) In order to provide or submit User Content on the Site, you hereby grant CoreBeauty the royalty-free, non-exclusive, worldwide, and sublicensable right to use, modify, distribute, publish, copy, publicly display and publicly perform, in any format or medium now known or later developed, with or without attribution, any User Content submitted by you on the Site, in connection with the Site, except as otherwise prohibited by the Privacy Policy at www.makemyyours.com/privacy.
(d) You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you.
(e) Under no circumstances will CoreBeauty be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
(f) You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate the Terms or infringe the rights of others.
6. Conduct Guidelines
(a) You agree not to use the Site to:
1. upload, post, relay, send or otherwise make available (“Post”) any content:
• that is unlawful, harmful, threatening, indecent, inflammatory, pornographic, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or violate any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• that contains software viruses, bugs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that contains any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
2. Harm minors in any way;
3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Violate any applicable local, state, national or international law, intentionally or unintentionally;
5. “Stalk” or otherwise harass another;
6. Collect or store personal data about other users;
7. Supply material support or resources to organizations designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
(b) While utilizing or accessing the Site or information or Content available on the Site, you also agree not to:
1. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site in any way;
2. Use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Site’s pages, data or content found on the Site without the prior written permission of CoreBeauty; or
3. Impose a burden or load on our infrastructure that CoreBeauty deems in its sole discretion to be unreasonable or disproportionate to the benefits CoreBeauty obtains from your use of the Site.
(c) User Content that violates these guidelines may be removed at the discretion of CoreBeauty. We have no obligation to remove content that you personally find objectionable or offensive, though we will investigate complaints referring to inappropriate use of the Site.
(d) You understand and agree that the Site is provided "AS IS." CoreBeauty assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, User Content or settings. Any material and/or data downloaded or otherwise obtained through the use of the Site is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
7. Third Party Links
The Site may contain links to other websites that are provided solely as a convenience to you and not as an endorsement by CoreBeauty of the contents or operation of such other websites. Other websites may also have links to the Site. CoreBeauty shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents, materials or offerings on such websites nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. If you decide to access other websites, you do so at your own risk. You agree not to hold CoreBeauty responsible for the actions, content, products, services or operation of such websites.
8. Social Third Party Sites
We use social media and commerce sites to, among other things, post content about us and our products and to seek your involvement, and other persons’ involvement, with us. These sites include, but are not limited to, www.facebook.com/makemyyour; www.twitter.com/makemyyours; and www.youtube.com/makemyyourseditor (“Social Third Party Sites”). CoreBeauty does not control those Social Third Party Sites, and these Terms do not apply to those Social Third Party Sites. You should check the terms of use on the Social Third Party Sites. You agree not to hold CoreBeauty responsible for the actions, content, products, services or operation of such Social Third Party Sites.
9. Your Account
When you create an account on our Site we will ask you for (and you must provide) your full name (first and last) and email address. In addition, when you create an account we will ask you to create a login name and password for you account. Your password is unique to your account and is designed to protect your account from unauthorized use. You agree to provide only current, complete, accurate and truthful information. CoreBeauty is not responsible for any lost, stolen, or otherwise disclosed login names and/or passwords. You are responsible for all activity in connection with your account, including any purchases made using your login name and password. You are responsible for keeping the confidentiality of your account information and password. You agree to let us know immediately if there is any unauthorized use of your login name, password or account.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in CoreBeauty’s best interests to do so.
10. Special Features, Functionality and Events
The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
11. Privacy and Security
CoreBeauty’s privacy policy can be found at www.makemyyours.com/privacy (the “Privacy Policy”). By accessing this Site, you indicate your acceptance of the Privacy Policy.
12. Termination
CoreBeauty may immediately change or terminate your access to the Site, with or without notice, at any time, without liability to you, any other user or any third party.
13. Disclaimer of Warranties
CoreBeauty may periodically revise information contained in this Site without any obligation to notify past, current or prospective users. All products, offerings, content, and materials on this Site are provided “AS IS,” and while CoreBeauty makes every effort to ensure that the information contained in this Site, is accurate and reliable, CoreBeauty makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any errors or omissions in the Content of this Site.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
EXCEPT AS OTHERWISE REQUIRED BY LAW, COREBEAUTY, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR ANY PARTICULAR USE OR NON-INFRINGEMENT.
14. Limitation of Liability
COREBEAUTY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER CONTENT FROM THIS SITE.
IN NO EVENT SHALL COREBEAUTY BE LIABLE AT LAW OR IN EQUITY FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN (INCLUDING BUT NOT LIMITED TO ANY INACCURACIES OR OMISSIONS IN CONTENT), (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE OR THIRD PARTIES; AND (IV) OTHER MATTER RELATING TO THIS SITE.
If, notwithstanding the foregoing, CoreBeauty or any third party provider or distributor should be found liable for any loss or damage, which arises out of or is in any way connected with any of the above described functions or uses of this Site or the Content, the liability of CoreBeauty and the third party providers and distributors shall in no event exceed, in the aggregate, US$100.00. In its sole discretion, in addition to any other rights or remedies available to CoreBeauty and without any liability whatsoever, CoreBeauty, at any time and without notice, may terminate or restrict your access to any component of the Site. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.
15. Indemnity
You agree to indemnify, defend and hold harmless CoreBeauty, its affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, debt, expenses, obligations, and/or costs (including, but not limited to, attorneys fees) arising from: (i) your use and access to the Site; (ii) your violation of the Terms; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, proprietary, privacy, or other right or your infringement or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and (iv) any of your User Content, including, without limitation, any User Content posted or otherwise provided by you that infringes any copyright, trademark or intellectual property right of any person or defames any person or violates any person's rights of publicity or privacy, or otherwise violates these Terms. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive the Terms and your use of the Site.
16. Disputes/Governing Law
This Agreement and its performance shall be governed by the laws of the State of California, United States of America. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in California and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
In the event the foregoing arbitration provision is deemed unenforceable, by using this Site you consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California for any action arising from these Terms.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Severability/Waiver
If any portion of these Terms is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. CoreBeauty’s failure to act with respect to a breach of these Terms shall not constitute a waiver and shall not limit CoreBeauty’s rights with respect to such breach or any subsequent breaches.
18. Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
19. Relationship
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
20. Digital Millennium Copyright Act
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is:
Theresa P. Yutadco
CoreBeauty LLC
12526 High Bluff Drive
Suite 300
San Diego, CA 92130
Telephone: (858) 368-5050
Email: tessa@makemyyours.com
21. Additional Terms
Additional terms and conditions may apply to other uses of portions of the Site, and you agree to abide by such other terms and conditions.
22. Headings
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein, including but not limited to the terms and conditions preceding the first heading.
23. Entire Agreement
This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by any amendments, modifications or revisions posted and available on the Site.
If you are aware of any violations of these Terms, please report them.
If you have any questions regarding these Terms, please email us at termsandconditions@makemyyours.com.
