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Terms and Conditions
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Bare Escentuals may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Mineral Essence will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
MINERAL ESSENCE CONTENT:
Content on this Site that is provided by Mineral Essence, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Mineral Essence Content”) is the property of Mineral Essence, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Mineral Essence content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Mineral Essence, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Mineral Essence, that dilutes the strength of Mineral Essence’s property, or that otherwise infringes Mineral Essence’s intellectual property rights. You further agree to in no other way misuse any Mineral Essence Content or User Content that appears on this Site.
USE OF THE SITE:
The following requirements apply to your use the Site:
You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not collect or store personal data about other users.
You will not use the Site for any commercial purpose. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit your name, photos, tips, advice, testimonials, essays/stories and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Mineral Essence; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Mineral Essence, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us (if any), or other access to the Site or features therein. Mineral Essence may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if Mineral Essence deems that you have violated these Terms, the law, or for any other reason. Mineral Essence assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Mineral Essence a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Mineral Essence, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Mineral Essence or this Site.
You acknowledge and agree that Mineral Essence will not have any obligation to review, monitor, display, accept or exploit any User Content and Mineral Essence may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
MINERAL ESSENCE DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS SITE.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY
Mineral Essence makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Mineral Essence makes no representations regarding the amount of time that any Mineral Essence Content or User Content will be preserved.
Mineral Essence does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Mineral Essence without the prior review and written approval of Mineral Essence.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MINERAL ESSENCE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL MINERAL ESSENCE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MINERAL ESSENCE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL MINERAL ESSENCE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF MINERAL ESSENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
REPORTING VIOLATIONS OF YOUR COPYRIGHTS AND OTHER INTELLECTUAL PROPERTIES:
If you are a trademark or copyright owner and you believe that your copyright or trademark rights have been violated by content posted on this Site, please contact Mineral Essence’s agent for notice of claims of copyright infringement, who can be reached at firstname.lastname@example.org. You must provide our agent with the following information:
a. a specific description of the material that you believe infringes your work, with enough detail so that we may locate it on the Site;
b. your address, telephone number and email address;
c. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
d. a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
e. your physical or electronic signature.
Upon receiving your complaint, Mineral Essence may remove the content that you allege is infringing your rights.
THIRD PARTY WEBSITES:
Both you and Mineral Essence acknowledge and agree that no partnership is formed and neither of you nor Mineral Essence has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in the Los Angeles, California. These Terms operate to the fullest extent permissible by law.
The failure of Mineral Essence to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Mineral Essence, shall not be deemed a breach of these Terms.
If Mineral Essence fails to act with respect to your breach or anyone else’s breach on any occasion, Mineral Essence is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Mineral Essence, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Mineral Essence regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
© 2011 Mineral Essence, Inc. All rights reserved