Rev. 133A18A

 

Version Date: April 2, 2017

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TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Makeup Submit and its affiliated companies (collectively, “Our services” or “we” or “us” or “our”), concerning your access to and use of the www.makeupsubmit.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). Our website provides the following service: Review member’s photo submissions and provide feedbacks (“Our services Services”). Supplemental terms and conditions or documents that may be posted on our website from time to time, are hereby expressly incorporated into this Agreement by reference.

 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE OUR WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT OUR SERVICES MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS OUR SERVICES OR OUR WEBSITE.

 

USER REPRESENTATIONS

 

Regarding Your Submission

 

By using the our Submission Services, you represent and warrant that:

 

A.　all information you submit is truthful and accurate;

B.　you are the rightful owner of the pictures you submitted;

C.　you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and

D.　your use of our services does not violate any applicable law or regulation.

 

Regarding Content You Provide

 

Makeup Submit do not collect information of your full home address and phone number.  We do not share your personal information with any third parties for commercial purpose. By submitting your pictures through our services, you warrant that you grant us the right to own the copies, and they may and should be used solely on our website and our social media pages such as Facebook, Twitter, and Instagram.

 

By default, we publish the following information unless request from a premium user:

 

1. your first name

2. your location (not your full address)

3. your age

    

   What we do not publish:

    

1. your date of birth

2. your last name

3. your full home address (if applicable).

    

   Our website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Makeup submit and/or to or via our website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Makeup Submit will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

    

   A.　the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

   B.　you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize us and our users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

   C.　you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;

   D.　your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by us), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

   E.　your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

   F.　your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

   G.　your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

    

   CONTRIBUTION LICENSE

    

   By posting Contributions to any part of our website, or making them accessible to our website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Makeup Submit an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, our services name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Our services does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

    

   We have the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

    

   By uploading your Contributions to our website, you hereby authorize Makeup Submit to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

        

    

   SOCIAL MEDIA

    

   As part of the functionality of our website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through our website; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that (i) We may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the our website via your account, including without limitation any friend lists, and (ii) We may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on our website. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through our website. You will have the ability to disable the connection between your account on our website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that Our services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use our website. At your request made via email to our email address listed below, or through your account settings (if applicable), we will deactivate the connection between our website and your Third Party Account and delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

    

    

   PROHIBITED ACTIVITIES

    

   You may not access or use our website for any other purpose other than that for which we makes it available. Our website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to:

    

   A.　attempting to bypass any measures of our website designed to prevent or restrict access to our website, or any portion of our website

   B.　attempting to impersonate another user or person or using the username of another user

   C.　criminal or tortious activity

   D.　deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of our website

   E.　deleting the copyright or other proprietary rights notice from any of our website content

   F.　engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools

   G.　except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses our website, or using or launching any unauthorized script or other software

   H.　harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of the our services to you

   I.　interfering with, disrupting, or creating an undue burden on our website or the networks or services connected to our website

   J.　making any unauthorized use of the our services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses

   K.　systematic retrieval of data or other content from our website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Our services

   L.　tricking, defrauding or misleading us and other users, especially in any attempt to learn sensitive account information such as passwords

   M.　using any information obtained from our website in order to harass, abuse, or harm another person

   N.　using the our services as part of any effort to compete with us or to provide services as a service bureau

   O.　using our website in a manner inconsistent with any and all applicable laws and regulations

    

   INTELLECTUAL PROPERTY RIGHTS

    

   The content on our website (“Our services Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to us, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All of our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of us in the United States and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Makeup Submit.

    

   Our content on our website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use our website, you are granted a limited license to access and use our website and our content and to download or print a copy of any portion of the our content to which you have properly gained access solely for your personal, non-commercial use. We reserves all rights not expressly granted to you in and to our website and our content and Marks.

    

   THIRD PARTY WEBSITES AND CONTENT

    

   Our website contains (or you may be sent through our website or our services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through our website or any Third Party Content posted on, available through or installed from our website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave our website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our website or relating to any applications you use or install from our website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

     

     

   MODIFICATIONS

    

   To Agreement

    

   Our services may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use our services after any such modification becomes effective. Our services may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check our website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

    

    

   CORRECTIONS

    

   Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Our services reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.