www.mymakeups.com ("mymakeups.com or "we") is a makeup and makeover portal that provides valuable makeover related information. The services offered by us include the makeup and makeover industry information at www.mymakeups.com or any sub domain of http://mymakeups.com, and any other feature, content or applications offered time to time by mymakeups.com in connection with the mymakeups.com website whether accessed directly or through our application for mobile devices (collectively, the "mymakeups Services").-
This Agreement includes your rights, obligations and restrictions regarding your use of the MyMakeups Services, please read it carefully. If you do not agree with the Terms of this Agreement, you should leave the MyMakeups Website and discontinue use of the MyMakeups Services immediately. If you wish to become a User, submit the content, video or images, communicate with other Users and generally make use of the MyMakeups Services. You must read this Agreement and indicate your acceptance during the content submission process.
MyMakeups may modify this Agreement from time to time and each modification will be effective when it is posted on the MyMakeups Website. You agree to be bound to any changes to this Agreement through your continued use of the MyMakeups Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO, SUBMIT TO OR EMBED ON THE MyMakeups SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU HAVE ADEQUATE RIGHTS TO PUBLISH ALL PHOTOS AND OTHER CONTENT YOU POST AT THE MyMakeups SERVICES..
1.Use of the MyMakeups Services is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the MyMakeups Services
2.This Agreement shall remain in full force and effect while you use the MyMakeups Services or are a User/ Vendor on the website. Mymakeups may terminate your use of the MyMakeups Website or the MyMakeups Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you..
MyMakeups does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User Content") that you upload to, submit to, or embed on the MyMakeups Services. You represent and warrant that you own the User Content posted by you on or through the MyMakeups Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant MyMakeups the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the MyMakeups Services.
After posting, uploading or embedding the User Content to the MyMakeups Services, you continue to retain such rights in User Content as you held prior to posting those User Content on the MyMakeups Services and you continue to have the same rights to use your User Content in any way you choose. However, by displaying or publishing ("posting") any User Content on or through the MyMakeups Services, you hereby grant to MyMakeups a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the MyMakeups Services on in any MyMakeups publication will include attribution to the photographer and/or copyright holder.
Without this license, MyMakeups would be unable to provide the MyMakeups Services or its publications. For example, the license you grant to MyMakeups is non-exclusive (meaning you are free to license your Content to anyone else in addition to MyMakeups), fully-paid and royalty-free (meaning that MyMakeups is not required to pay you for the use of the User Content that you post), sub licensable (so that MyMakeups is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MyMakeups Services), and worldwide (because the Internet and the MyMakeups Services are global in reach).
This license will get terminated at the time you remove your User Content from the MyMakeups Services except as to any User Content that MyMakeups has sublicensed prior to your removal of your User Content from the MyMakeups Services, which license shall continue in perpetuity. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the MyMakeups Website. We will remove the item(s) as quickly as possible.
The MyMakeups Services contain the Content owned by MyMakeups ("MyMakeups Content"). MyMakeups Content is protected by copyright, trademark, patent, trade secret and other laws and MyMakeups owns and retains all rights in the MyMakeups Content and the MyMakeups Services. MyMakeups hereby grants you a limited, revocable, non-sub licensable license to view the MyMakeups Content (excluding any software code) solely for your personal use in connection with viewing the MyMakeups Website and using the MyMakeups Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any MyMakeups Content appearing on or through the MyMakeups Services.
The MyMakeups Services contain Content of other Users and other MyMakeups licensors ("Third Party Content") and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the MyMakeups Website and using the MyMakeups Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the MyMakeups Services.
4.MyMakeups reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that MyMakeups deems to be inappropriate:
Content that criticizes a business or individual beyond that of merely offering an opinion
Content that harasses or advocates harassment of another person
Content that exploits people in a sexual or violent manner
Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website
Content that includes racially, ethically, or otherwise objectionable language
Content that is libelous, defamatory, or otherwise tortious language
Content that solicits personal information from anyone under 18
Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"
Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemesMyMakeups’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and MyMakeups expressly reserves the right to investigate and take appropriate legal action against anyone who, in MyMakeups’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the MyMakeups Services:
Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or MyMakeups Content appearing on or through the MyMakeups Services
Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
Covering or obscuring the banner advertisements on your personal profile page, or any MyMakeups page via HTML/CSS or any other means
Any automated use of the system, such as using scripts to add friends or send comments or messages
Interfering with, disrupting, or creating an undue burden on the MyMakeups Services or the networks or services connected to the MyMakeups Services
Attempting to impersonate another User, person, or representative of MyMakeups
Using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account
Selling or otherwise transferring your profile, without our permission
Using any information obtained from the MyMakeups Services in order to harass, abuse, or harm another person
Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MyMakeups Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose or
Using the MyMakeups Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to MyMakeups or others (including without limitation Third Party Content or MyMakeups Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the MyMakeups Services in a way that constitutes copyright infringement, please provide us with relevant proof and we will be happy to take corrective action accordingly
You are solely responsible for your interactions with other MyMakeups Users. MyMakeups reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
From time to time, MyMakeups will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. MyMakeups encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, MyMakeups is not responsible for any incorrect or inaccurate Content posted on the MyMakeups Website or in connection with the MyMakeups Services. User Content created and posted on the MyMakeups Website may contain links to other websites. MyMakeups is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by MyMakeups. Inclusion of any linked website on the MyMakeups Services does not imply approval or endorsement of the linked website by MyMakeups. When you access these third-party sites, you do so at your own risk. MyMakeups takes no responsibility for third party advertisements, which are posted on this MyMakeups Website or through the MyMakeups Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyMakeups is not responsible for the conduct, whether online or offline, of any User of the MyMakeups Services. MyMakeups assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. MyMakeups is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MyMakeups Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the MyMakeups Services. Under no circumstances shall MyMakeups be responsible for any loss or damage, including personal injury or death, resulting from use of the MyMakeups Services, attendance at a MyMakeups event, from any Content posted on or through the MyMakeups Services, or from the conduct of any Users of the MyMakeups Services, whether online or offline. MyMakeups cannot guarantee and does not promise any specific results from use of the MyMakeups Services.
11.IN NO EVENT SHALL MyMakeups OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MyMakeups BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MyMakeups HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEDMEGOOD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO MyMakeups FOR THE MyMakeups SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MyMakeups SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If there is any dispute about or involving the MyMakeups Services, you agree that the laws of Delhi, India shall govern all the disputes. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
The failure of MyMakeups to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
16.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.