Last Updated January 8th, 2011
1. Eligibility; Registration Information and Password; MAKEUPBEE Service Access.
THE MAKEUPBEE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE MAKEUPBEE SERVICE. BY USING THE MAKEUPBEE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE MAKEUPBEE SERVICE.
If you are using or opening an account on the MakeupBee Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, references to “you” in these terms shall be construed to mean you, the Subscribing Organization, and any other individual that uses the MakeupBee Service on the Subscribing Organization’s behalf.
Subject to your compliance with these Terms, MakeupBee grants you permission to access and use the MakeupBee Service at the level for which you have registered and have paid all applicable fees, if any, as set forth in these Terms.
In order to use certain features of the MakeupBee Service, you will need to register for an account (such users referred to herein as “Registered Users”). You agree that the information you provide to MakeupBee on registration and at all other times, including without limitation any necessary payment processing information, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. When you register, you will be asked to provide a password. You should keep your password confidential, as you (or your Subscribing Organization, as applicable) will be responsible for all activities that occur under your password. In the case of a Subscribing Organization, your password should only be shared with those employees of the Subscribing Organization that have a need to access and use the MakeupBee Service on the Subscribing Organization’s behalf. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
MakeupBee may supply certain “embeddable widgets”, consisting of HTML code that enables you to expose certain features of the MakeupBee Service through other web sites, such as your personal web site or social networks you subscribe to. Such widgets are expressly a part of the MakeupBee Service, and their use is governed by these Terms and any applicable associated guidelines. You may only embed widgets on other web sites as provided by MakeupBee without modification. You must ensure that any logos, branding and other visual interface elements are visible and unmodified. You may not use MakeupBee widgets in a way that might confuse third parties as to the source or origin of the widget itself, or the source of the service or content that the widget connects to and exposes. Further, your rights with respect to what materials you may incorporate into third party services are governed by separate terms, which may prohibit the use of MakeupBee widgets. It is solely your responsibility to determine whether such use is permitted by a particular third party provider.
5. Prohibited Conduct – YOU PROMISE NOT TO:
- Upload copyrighted material you do not own or have the legal right to distribute, display and otherwise make available to others, such as photos, music, TV shows, or movies;
- Access or attempt to access content or features of the MakeupBee Service for which you have not registered and/or paid the applicable fees;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the MakeupBee Service, or any of the permissions granted herein, except that you may copy and paste (without modification) “widgets” provided by MakeupBee into other online services;
- Use the MakeupBee Service other than for personal, non-commercial purposes unless MakeUpBee has specifically granted you the right to use the MakeUpBee Service for commercial purposes pursuant to applicable Guidelines (as defined below).
- Use the MakeupBee Service on behalf of any third party (except your Subscribing Organization, if applicable) or in connection with any type of “service bureau” activity;
- Upload, post, or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, false, misleading, or otherwise inappropriate content;
- Make unsolicited offers, advertisements, proposals, or send junk mail to any person or entity;
- Impersonate another person or entity, or access another user’s account without that user’s permission;
- Share MakeupBee passwords with any third party or encourage any other user to do so (except as provided in Section );
- Misrepresent the source, identity, or content of information transmitted via the MakeupBee Service, including User Submissions; or
- Use the MakeupBee Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing.
6. Individual Features and Services.
When using the MakeupBee Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
7. User Submissions.
- General. The MakeupBee Service provides certain features which enable users to upload content, such as text, photos, or any other content submitted by you and other users through the MakeupBee Service (“User Submissions”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. You must be a Registered User to create User Submissions on the MakeupBee Service. User Submissions are displayed for informational purposes only and are not controlled by MakeupBee. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not MakeupBee, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the MakeupBee Service. This also means that MakeupBee is not responsible to you for User Submissions submitted by other users of the MakeupBee Service. Keep in mind that makeup evaluation is an inherently subjective activity, that products work differently with different skin, facial and body characteristics, and that reliance on information available through the MakeupBee Service is solely at your own risk.
- No Obligation to Publish. MakeupBee makes no representations that it will publish or make available on the MakeupBee Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the MakeupBee Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, MakeupBee complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below).
- License Grant by You to MakeupBee. You retain all of your ownership rights in original aspects your User Submissions. By submitting User Submissions to MakeupBee, you hereby grant MakeupBee and its affiliates, sublicensees, partners, designees, and assignees of the MakeupBee Service (collectively, the “MakeupBee Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, transmit, publicly display, and publicly perform your User Submissions and adaptations thereof, and to collect, combine, aggregate, and analyze, data related thereto, in connection with the operation and promotion of the MakeupBee Service.
- User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize MakeupBee to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the MakeupBee Service in the manner contemplated by these Terms, and to grant the rights and licenses set forth above, (ii) your User Submissions, MakeupBee’s or any MakeupBee Licensee’s use of such User Submissions pursuant to these Terms, and MakeupBee’s or any of MakeupBee Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate 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; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms.
8. Billing and Payment.
- No Refunds. All fees relating to the MakeupBee Service, including any fees charged for access to the MakeupBee Service are final and nonrefundable.
- Method of Payment. MakeupBee accepts payments through payment methods detailed on the applicable payment screen, which may include PayPal. Charges occur at the time of purchase or shortly thereafter; in the case of any applicable subscription fees, charges occur on the first day of the month for which the charge applies. MakeupBee does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for services that you purchase through the MakeupBee Service and you agree that we may charge your selected payment method for any such payments.
- Taxes. You are responsible for paying any governmental taxes imposed on your use of the MakeupBee Service, including, but not limited to, sales, use or value-added taxes. To the extent MakeupBee is obligated to collect such taxes, the applicable tax will be added to your billing account.
- Disputed Charges. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO MAKEUPBEE WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
9. Special Makeup Considerations.
- When you use the MakeUpBee Service to evaluate makeup artists, makeup looks and cosmetics, please keep in mind that makeup results are inherently subjective and that makeup artists and products work differently with different skin, facial and other cosmetic characteristics.
- You are responsible for responsible for determining whether the ingredients of any makeup or cosmetic product contain any allergens or irritants that may cause adverse health or beauty results for you.
- BY INFORMING YOU OF (OR PROVIDING ACCESS TO THIRD PARTY INFORMATION CONCERNING) ANY PARTICULAR MAKEUP ARTIST, MAKEUP OR COSMETIC PRODUCT, WE DO NOT REPRESENT OR WARRANT THAT USE OF SUCH ARTISTS OR PRODUCTS IS ADVISABLE OR WITHOUT RISK. INFORMING YOU OF SPECIFIC RISKS ASSOCIATED WITH PARTICULAR ARTISTS OR PRODUCTS, DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THERE ARE NOT OTHER RISKS ASSOCIATED WITH THOSE ARTISTS OR PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY, ILLNESS, OR DEATH) THAT MAY OCCUR DURING OR RESULT FROM ANY MAKEUP ARTIST OR PRODUCTS.
10. Modification of the Terms; Modification of Fees.
- Terms. From time to time, MakeupBee may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the MakeupBee Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the MakeupBee Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the MakeupBee Service, except that (i) disputes between you and MakeupBee will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the MakeupBee Service. Your continued use of the MakeupBee Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
- Fees. Certain services and features of the MakeupBee Service may now or in the future have fees associated with them. Please see the terms associated with such products or services for more information. MakeupBee reserves the right to modify fees on a going-forward basis, including offering certain features to some or all users at discounted rates or free of charge, without liability to you.
11. Prohibited Uses.
- Access to the MakeupBee Service from territories where its contents are illegal is prohibited. The MakeupBee Service is designed for customers in the United States. Those who choose to access the MakeupBee Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
- You may not use the MakeupBee Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the MakeupBee Service. You may not attempt to gain unauthorized access to the MakeupBee Service, or any part of it, other accounts, computer systems or networks connected to the MakeupBee Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the MakeupBee Service or any activities conducted on the MakeupBee Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MakeupBee Service. You may not modify the MakeupBee Service in any manner or form, nor use modified versions of the MakeupBee Service.
- The MakeupBee Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the MakeupBee Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the MakeupBee Service.
You may provide MakeupBee with information and feedback regarding the features and performance of the MakeupBee Service, including reports of failures, errors, or other malfunctions you encounter in the MakeupBee Service along with any associated error messages (the “Feedback”). You hereby assign to MakeupBee your entire right, title and interest, including any intellectual property rights, in such Feedback, information, and materials. You agree to execute any documents necessary to effect the foregoing assignment.
13. Ownership; Proprietary Rights.
The MakeupBee Service is owned and operated by Jauntr, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the MakeupBee Service provided by MakeupBee (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the MakeupBee Service are the copyrighted property of MakeupBee or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to MakeupBee or its affiliates and/or third party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
14. Third Party Sites, Products and Services; Links.
The MakeupBee Service may include links to other web sites or services, solely as a convenience to users (“Linked Sites”). MakeupBee does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, MakeupBee makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business or other dealings with advertisers or other third parties, including other users, encountered on or through the MakeupBee Service is solely between you and such advertiser or third party, as applicable. YOU AGREE THAT MAKEUPBEE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR THIRD PARTIES ON THE MAKEUPBEE SERVICE.
Except as explicitly stated otherwise, legal notices will be served on MakeupBee at 123 10th Street, San Francisco, CA, 94103. Legal notices will be served on you at either the email or physical address you provide to MakeupBee during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
16. User Disagreements.
You alone are responsible for your involvement with other users. MakeupBee reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release MakeupBee (and MakeupBee’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- By MakeupBee. You agree that MakeupBee, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with MakeupBee, or your permission to use the MakeupBee Service and remove and discard all or any part of your account or any content uploaded by you, at any time. MakeupBee may also in its sole discretion and at any time discontinue providing access to the MakeupBee Service, or any part thereof, with or without notice. You agree that any termination of your access to the MakeupBee Service or any account you may have or portion thereof may be affected without prior notice, and you agree that MakeupBee will not be liable to you or any third party for any such termination. MakeupBee does not permit copyright infringing activities on the MakeupBee Service and reserves the right to terminate access to the MakeupBee Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the MakeupBee Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MakeupBee may have at law or in equity.
- By You. You may terminate your account, this Agreement and your right to use the MakeupBee Service at any time and for any reason or no reason, by visiting theMakeupBee Account Cancellation Page, or by contacting MakeupBee customer support at firstname.lastname@example.org.
- Fees. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the MakeupBee Service before termination, including any outstanding subscription fees. Termination does not give rise to any right of refund.
- Survival. Sections 4, 7, and 13 through 24 will survive any termination of these Terms.
18. Disclaimers; No Warranties.
THE MAKEUPBEE SERVICE CONTAINS MAKEUP RELATED INFORMATION POSTED BY OTHER USERS OF THE MAKEUPBEE SERVICE. MAKEUPBEE DOES NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT THE INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON. MAKEUPBEE MAY PROVIDE CERTAIN INDICIA OF A USER’S “LEVEL” OR PROFESSION AS A MAKEUP ARTIST, WHICH ARE BASED SOLELY ON THE VOLUME AND/OR FREQUENCY OF THE USER’S ACTIVITY ON THE MAKEUPBEE SERVICE OR THE USER’S SELF-REPORTED EXPERTISE AND WHICH ARE NOT AN INDICATION THAT INFORMATION SUPPLIED BY THE USER IS MORE ACCURATE, RELIABLE OR VALUABLE, NOR DOES IT INDICATE ANY ENDORSEMENT BY OR AFFILIATION WITH MAKEUPBEE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAKEUPBEE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MAKEUPBEE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. MAKEUPBEE DOES NOT WARRANT THE DATA, CONTENT, FEATURES, OR INFORMATION PROVIDED THROUGH THE MAKEUPBEE SERVICE, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS, TO BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE MAKEUPBEE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
19. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MAKEUPBEE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE MAKEUPBEE SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE MAKEUPBEE SERVICE, OR ANY OTHER INTERACTIONS WITH MAKEUPBEE, OR OTHER REGISTERED USERS, EVEN IF MAKEUPBEE OR A MAKEUPBEE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAKEUPBEE’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MAKEUPBEE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MAKEUPBEE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INTERACTION WITH, OR PRODUCTS OR SERVICES SOLD OR PROVIDED BY, OR INFORMATION POSTED OR PROVIDED BY, THIRD PARTIES OTHER THAN MAKEUPBEE, EVEN IF ADVERTISED ON THE MAKEUPBEE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MAKEUPBEE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATION OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold MakeupBee, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the MakeupBee Service, your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by you in these Terms, including without limitation representations, warranties, and covenants you make with respect to your User Submissions. MakeupBee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MakeupBee, and you agree to cooperate with MakeupBee’s defense of these claims. MakeupBee will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
21. Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the MakeupBee Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the MakeupBee Service are covered by a single notification, a representative list of such works at the MakeupBee Service;
- (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MakeupBee to locate the material;
- (iv) information reasonably sufficient to permit MakeupBee to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MakeupBee’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at 123 10th Street, San Francisco, CA, 94103, by email at email@example.com or by fax at (866) 883-6128. For clarity, only DMCA notices should go to the MakeupBee Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to MakeupBee customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
22. Dispute Resolution.
- General. Generally, if a dispute arises between MakeupBee and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MakeupBee agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the MakeupBee Service (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MakeupBee must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Claims. YOU AND MAKEUPBEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE MAKEUPBEE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This is the entire agreement between you and MakeupBee relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by MakeupBee as set forth in Section above. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by MakeupBee without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. Failure by MakeupBee at any time to require performance of any provision of these Terms will in no manner affect MakeupBee’s right at a later time to enforce the same. The services hereunder are offered by Jauntr, Inc., located at 123 10th Street, San Francisco, CA, 94103; MakeupBee may be contacted by email at email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.