1. BeautyRiot.com.
"BeautyRiot.com" is the interactive online service operated by BeautyRiot.com,
Inc. ("BeautyRiot") on the World Wide Web of the Internet, consisting of
information services and content available at the web site located at
http://www.BeautyRiot.com and related BeautyRiot sites (collectively, "Services")
provided by BeautyRiot, affiliates of BeautyRiot and other third parties.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of
BeautyRiot.com, including, but not limited to, supplemental terms and conditions set forth in
paragraph 13 hereof governing the use of certain specific material contained in
BeautyRiot.com, sets forth the terms and conditions that apply to the use of BeautyRiot.com by
you. By using BeautyRiot.com (other than to read this Agreement for the first time), you agree
to comply with all of the terms and conditions hereof. The right to use BeautyRiot.com is
personal to you and is not transferable to any other person or entity. You shall be responsible for
protecting the confidentiality of your user name(s) and password(s), if any. You agree to (a)
immediately notify BeautyRiot.com of any unauthorized use of your password or user name or
any other breach of security, and (b) ensure that you exit from your account at the end of each
session. BeautyRiot.com cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 2(A).
(B) BeautyRiot shall have the right at any time to change or discontinue any aspect or feature
of BeautyRiot.com, including, but not limited to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms.
BeautyRiot shall have the right at any time to change or modify the terms and conditions
applicable to your use of BeautyRiot.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on BeautyRiot.com, or by electronic or
conventional mail, or by any other means by which you obtain notice thereof. Any use of
BeautyRiot.com by you after such notice shall be deemed to constitute acceptance by you of
such changes, modifications or additions.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and
other equipment needed for access to and use of BeautyRiot.com and all charges related
thereto.
5. Your Conduct.
(A) You shall use BeautyRiot.com for lawful purposes only. In addition, you shall not:
(1) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable, or that encourages conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate any law,
or which, without BeautyRiot express prior approval, contains advertising or any solicitation with
respect to products or services;
(2) harm minors in any way;
(3) impersonate any person or entity, including, but not limited to, a BeautyRiot official, editor,
journalist, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
(4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
(5) upload, post, email or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
(6) upload, post, email or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
(7) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping rooms) that are designated for such
purpose;
(8) upload, post, email or otherwise transmit any material that contains software viruses 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;
(9) interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the
Service;
(10) intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
(11) "stalk" or otherwise harass another; or
(12) collect or store personal data about other users. Any conduct by you that in BeautyRiot's
discretion restricts or inhibits any other user from using or enjoying BeautyRiot.com will not be
permitted. You shall not use BeautyRiot.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users of BeautyRiot.com to become
users of other on-line services competitive with BeautyRiot.com.
(B) BeautyRiot.com contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics, music and
sound, and the entire contents of BeautyRiot.com are copyrighted as a collective work under
the United States copyright laws. BeautyRiot owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original to it. You
may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or
in any way exploit any of the content, in whole or in part. You may download copyrighted
material for your personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of BeautyRiot and the
copyright owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material.
(C) You shall not upload, post or otherwise make available on BeautyRiot.com any material
protected by copyright, trademark or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and the burden of determining that
any material is not protected by copyright rests with you. You shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public area of BeautyRiot.com,
you automatically grant, or warrant that the owner of such material has expressly granted
BeautyRiot, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or technology now known
or hereafter developed for the full term of any copyright that may exist in such material. You
also permit any other end user to access, view, store or reproduce the material for that end
user's personal use. You hereby grant BeautyRiot the right to edit, copy, publish and distribute
any material made available on BeautyRiot.com by you.
(D) The foregoing provisions of Section 5 are for the benefit of BeautyRiot, its subsidiaries,
affiliates and its third party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF BEAUTYRIOT.COM IS AT YOUR SOLE RISK.
NEITHER BEAUTYRIOT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
BEAUTYRIOT.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
BEAUTYRIOT.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BEAUTYRIOT.COM.
(B) BEAUTYRIOT.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
tortuous BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGES THAT BEAUTYRIOT IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL BEAUTYRIOT, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING BEAUTYRIOT.COM OR THE
BEAUTYRIOT.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BEAUTYRIOT.COM. YOU
HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
ALL CONTENT ON BEAUTYRIOT.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BeautyRiot, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN BEAUTYRIOT.COM, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
7. Monitoring.
(A) BeautyRiot shall have the right, but not the obligation, to monitor the content of
BeautyRiot.com, including chat rooms and forums, to determine compliance with this
Agreement and any operating rules established by BeautyRiot and to satisfy any law, regulation
or authorized government request. BeautyRiot shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on BeautyRiot.com. Without
limiting the foregoing, BeautyRiot shall have the right to remove any material that BeautyRiot,
in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
(B) You acknowledge that BeautyRiot.com may establish general practices and limits
concerning use of the Services, including without limitation the maximum number of days that
email messages, message board postings or other uploaded content will be retained by
BeautyRiot, the maximum number of email messages that may be sent from or received by an
account on the Services, the maximum size of any email message that may be sent from or
received by an account on the Services, the maximum disk space that will be allotted on
BeautyRiot's servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You agree that
BeautyRiot has no responsibility or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the Service. You
acknowledge that BeautyRiot reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that BeautyRiot reserves the right to change
these general practices and limits at any time, in its sole discretion, with or without notice.
8. Indemnification.
You agree to defend, indemnify and hold harmless BeautyRiot, its affiliates and their respective
directors, officers, employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of BeautyRiot.com by you.
9. Termination.
Either BeautyRiot or you may terminate this Agreement at any time. Without limiting the
foregoing, BeautyRiot shall have the right to immediately terminate any of your passwords or
user names in the event of any conduct by you which BeautyRiot, in its sole discretion,
considers to be unacceptable, or in the event of any breach by you of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of
this Agreement.
10. Trademarks.
BeautyRiot, BeautyRiot.com, Instant Makeover and each of their logos are trademarks of
BeautyRiot or one of its subsidiaries. All rights reserved. All other trademarks appearing on
BeautyRiot are the property of their respective owners.
11. Third Party Content.
BeautyRiot is a distributor (and not a publisher) of content supplied by third parties and you.
Accordingly, BeautyRiot has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including information
providers, you or any other user of BeautyRiot.com, are those of the respective author(s) or
distributor(s) and not of BeautyRiot. Neither BeautyRiot nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through BeautyRiot.com represents the opinions and
judgments of the respective information provider, you, or other user not under contract with
BeautyRiot. BeautyRiot neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on BeautyRiot.com by anyone other than authorized
BeautyRiot employee spokespersons while acting in their official capacities. Under no
circumstances will BeautyRiot be liable for any loss or damage caused by your reliance on
information obtained through BeautyRiot.com. It is your responsibility to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or other content
available through BeautyRiot.com.
12. Miscellaneous.
This Agreement and any operating rules for BeautyRiot.com established by BeautyRiot
constitute the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with the laws of the State of
Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall not be given any
legal import.
13. Supplemental Terms. By accepting this Agreement, you hereby agree and accept the
Required End User Terms and Conditions that appear as Exhibit A to this Agreement
immediately following this Agreement.
EXHIBIT A TO BeautyRiot.com End User AGREEMENT
Required End User Terms and Conditions
(References to "Company" in this Schedule A are to BeautyRiot.)
For purposes of these Required End User Terms and Conditions, "Company" includes Company,
any affiliated and subsidiary companies of the Company, any subcontractors and suppliers of
the foregoing, and the directors, employees, officers, subsidiaries, affiliates, agents,
subcontractors, and suppliers of all of them.
1. You are solely responsible for the content of any transmissions using this Web site or any
other use of the Services by you or by any other person or entity you permit to access the
Services (each such person, also a "User"). You agree that you and any other User will not use
the Services for illegal purposes, to violate the rights of any third party, or to interfere with or
disturb other network users, network services, or network equipment. Violations of the foregoing
may result in removal of violative communications and/or early termination of the Service.
Disruptions include, but are not limited to, distribution of unsolicited advertising or chain
letters, propagation of computer worms and viruses, and using the network to make
unauthorized entry to any other machine accessible via the network.
2. You shall limit access to and use of the Services to your employees (and, in case you are a
nonprofit educational institution, to your employees and students), shall not authorize any
person to use the Services other than for your business purposes, and shall not resell or
otherwise generate income by providing access to the Services to any other User.
3. You shall defend, indemnify, and hold harmless Company (as defined in Paragraph 1.A.)
from and against all liabilities and costs (including reasonable attorneys" fees) arising from any
and all claims by: (a) any person based upon the content of any transmissions by you or any
User using the Services or any other use of the Services by you or any User; (b) Users in
connection with the Services, regardless of the form of action, whether in contract, tort,
warranty, or strict liability. However, you shall have no obligation to indemnify and defend
Company against claims for direct damages to real or tangible personal property, or for bodily
injury or death, proximately caused by Company's negligence.
4. You agree to comply, and to cause any User to comply, with United States law with regard to
the transmission of technical data that is exported from the United States using the Services.
5. COMPANY MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH
RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT, AND
COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
6. COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL,
CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FORHARM TO BUSINESS, LOST
PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT COMPANY HAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE
FOR ANY DAMAGE THAT USER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO
USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER UNLESS SUCH DAMAGE IS
CAUSED INTENTIONAL ACT OF COMPANY. COMPANY SHALL NOT BE LIABLE FOR
UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR
PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT,
LOSS OR DESTRUCTION OF USER"S NETWORK, SYSTEMS, APPLICATIONS, DATA FILES,
PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES, OR ANY OTHER METHOD. EXCEPT AS EXPRESSLY SET FORTH IN
OR CONTEMPLATED BY THIS AGREEMENT, IN ANY INSTANCE INVOLVING
PERFORMANCE OR NONPERFORMANCE BY COMPANY WITH RESPECT TO SERVICES OR
PRODUCTS PROVIDED HEREUNDER, YOUR SOLE REMEDY SHALL BE (A) IN THE CASE OF
SERVICES, REFUND OF A PRO RATA PORTION OF THE PRICE PAID FOR SERVICES WHICH
WERE NOT PROVIDED, OR (B) IN THE CASE OF PRODUCTS, REPAIR OR RETURN OF THE
DEFECTIVE PRODUCT TO COMPANY FOR REFUND, AT THE OPTION OF COMPANY.
EXCEPT AS EXPRESSLY SET FORTH IN OR CONTEMPLATED BY THIS AGREEMENT, IN
THE CASE OF REFUND FOR LOST SERVICE GREATER THAN TWENTY-FOUR (24) HOURS.
7. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, AND SHALL
SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
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