Terms and Conditions of Use
You may not use the Site if you are under thirteen (13) years of age. If you are under 13, do not use the Service. We reserve the right to deny access to the Site in the event that we are aware you are under 13.
Registration, User ID and Security
Use of the Site/Service
You may not copy or distribute any portion of the Site and/or Service for any purpose not authorized immediately above without our express written permission. Meg’s Makeup does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to third-party Content that is offensive, indecent or objectionable. We do not endorse user Content or third-party Content, and cannot vouch for its accuracy. Under no circumstances will Meg’s Makeup be liable in any way whatsoever for any third-party Content, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any third-party Content or the products which are the subject of such Content. You agree that you must evaluate and bear all risks associated with the use of any third-party Content, including any reliance on the integrity and accuracy of such Content.
We reserve the right (but are under no obligation) to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
To participate in the Reward Points Program (“Points Program”), you must be an individual at least 18 years age. Corporations or other business entities are not eligible to participate. We reserve the right to terminate any or all duplicate registrations.
Information on how to earn points and point values may be found here.
Points may be redeemed for product samples (“rewards”) as offered through the Site at the time of redemption.
Points have no cash value.
Rewards are subject to change at any time without notice.
Point values, point-earning opportunities and/or rewards structure are subject to modification, cancellation or limitation at our sole discretion, with or without notice. The number of Points required to redeem any reward may be substantially increased, the point values may be increased or decreased, any reward may be withdrawn, and restrictions on any reward or its redemption may be imposed at any time.
The number of Points required to redeem a reward are subject to change at any time without notice.
Points will be subtracted from your account once the redemption order is placed by you and captured by our Site.
Once used to claim a reward, Points will not be reinstated to your account.
We are not responsible for lost or stolen rewards once issued.
Inquiries regarding points redemption and products not received must be received by the Site within 3 months after the initial redemption date. Thereafter, we will have no obligation to re-send rewards to you.
In conjunction with redeeming Points for rewards, you agree to confirm that all information in your profile is up-to-date and accurate.
We reserve the right to send you messages from time to time for which you may not be rewarded.
We are under no obligation to provide you with any particular number of Point-earning opportunities or send messages to you.
We reserve the right to limit enrollment in the Points Program at any time. Additionally, we have the right to end the Points Program by providing notice to you in advance of program termination. In that event, the right to earn points and redeem for rewards may end after notification, no matter the extent of your participation in the program.
We may terminate the Points Program in whole or in part in any jurisdiction(s) if required to do so by applicable law.
We reserve the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response, survey completion, profile update or any Point-earning or spending transaction.
Rules for Content Posted By You on the Site
The following rules apply to your submission of Content to be posted on the Site:
You are solely responsible for your ratings and reviews of products listed on the Site and for any other content that you submit, publish or display on the Site or transmit to other members and/or other Site users (hereinafter, the “Posted Content”).
You agree that you will not:
post any content that: (i) is libelous, defamatory, knowingly false or intentionally misleading; (ii) violates the privacy, publicity, moral or any other right of any third party; or (iii) violates any obligation of confidentiality;
post or distribute content on or via the Site that: (i) is patently offensive to users of the Site, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is threatening, abusive, obscene, or insulting to other Site users or any other person; or (iii) harasses or advocates harassment of another person;
post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts;
post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
post any content that falsely states or implies that such content is sponsored or endorsed by Meg’s Makeup;
impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsey state or otherwise misrepresent your affiliation with a person or entity;
provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity;
use the Site to post or disseminate any advertisements or any other information, software or other material for commercial purposes;
use the Site to solicit anyone to buy or sell products or services, to make donations of any kind, or link to third party websites undertaking either of such activities without our express written approval;
use the Site to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any make-money-fast schemes, junk email, chain letters, or pyramid (ponzi) schemes;
gather for marketing purposes any e-mail addresses, user names, passwords or other personal information that has been posted by other users of the Site;
abuse the Site privileges by conduct which is detrimental to the interests of the Site, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of the Site or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, etc.
General Restrictions on Rights to Use the Site and Service
You agree that you shall not (and you agree not to allow any third party to):
modify, adapt, translate, or reverse engineer any portion of the Site and/or Service;
frame or inline link any of the Content of the Site, or incorporate into another website or other service any of our Content or intellectual property, without our prior written permission; however, you may establish a hypertext link to your web site so long as the link does not state or imply any sponsorship of your site by Meg’s Makeup or the Site;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Service or in or on any Content or other material obtained via the Site and/or Service;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Service;
access, retrieve or index any portion of the Site and/or Service for purposes of constructing or populating a searchable database of beauty products;
collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and shar
reviews with other users or members;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit unwanted electronic communications such as “spam” to other users or members of the Site and/or Service or otherwise interfere with other users’ or members’ enjoyment of the Site and/or Service;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
use of the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that are deemed threatening or obscene;
copy or store any Content offered on the Site; for any purpose not expressly permitted herein;
use any device, software or routine that interferes with the proper working of the Site and/or Service, or otherwise attempt to interfere with the proper working of the Site and/or Service;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure;
use the Site and/ or Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
collect or store personal data about other users in connection with undertaking any activities prohibited under this Section 7.
Intellectual Property Rights
Meg’s Makeup’s Limited License to You
Your License to Meg’s Makeup
By posting content on the Site or submitting to us any content via the Site, you are representing: that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully paid up, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This license is non-exclusive, except that you agree that Meg’s Makeup shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You grant us the irrevocable right to use your Posted Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your User ID, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms.
The foregoing grant shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any consideration for your Posted Content.
Notice of Copyright Infringement
We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, we are unable to monitor the copyright ownership of all posted content. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:
Meg’s Makeup, Inc.
269 South Beverly Drive #606
Beverly Hills, CA 90212
Attn: Copyright Agent
or by e-mail by clicking here.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your name, address, telephone number, and, if available, e-mail address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
THE INFORMATION, PRODUCTS AND SERVICES DISPLAYED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES TO WHICH WE LINK ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL MEET ANY PARTICULAR CRITERIA OR PERFORMANCE OR QUALITY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE OR MATERIALS DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We do not warrant that product descriptions, pricing, editorial commentary or any other content on the Site, regardless of its source, is accurate, complete, reliable, current or error-free. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimers). We assume no liability for inaccuracy or incompleteness in our search results, editorial content, user ratings or other content on the Site.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the reviews, is at your sole risk. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither we nor our affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
Links to Third Parties
Throughout the Site, we have provided links and pointers to web sites and weblogs maintained by third parties. Our linking to such third-party sites does not imply an endorsement, guarantee, approval or sponsorship of such sites, or the information, products or services offered on or through such sites. Nor do we warrant that these sites will not contain viruses or otherwise impact your computer. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web sites linked to by us on the Site. Users should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
This Site may include a variety of features, such as bulletin boards, web logs and e-mail services, which allow feedback to us and real-time interaction between Site users. Responsibility for Posted Content on bulletin boards, weblogs, product pages, and other public posting areas on the Site, or sent via any e-mail services to other Site users, lies with each user. You alone are responsible for your Posted Content, or for the Posted Content you allow a third party to post or send on your behalf. We do not control the messages, information or files that you or others may provide through the Site and are under no obligation to modify or remove any inappropriate Content and are not responsible for the user submitting such Content.
Certain sections of the Site may facilitate your purchase of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, availability, timeliness, reliability or any other aspect of these products and services. We are not responsible or liable with respect to the privacy and data collection practices of any merchant that obtains information from you in the course of your visit to that merchant’s online store or any purchase transaction you may undertake on that merchant web site. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You agree to release Meg’s Makeup and its affiliates from any damages that you incur, and agree not to assert any claims against us arising from your purchase or use of any products or services occurring as result of a referral or link on the Site or the Service to a merchant.
Sweepstakes and Promotions
From time to time, Meg’s Makeup offers sweepstakes, contests, sample giveaways and other promotional activities (a “Promotion”). Your registration and/or enrollment for, and subsequent participation in, any Promotion shall be subject to rules and regulations associated with such Promotion which will be posted on the Site. You may be automatically enrolled and/or registered for certain of these Promotions by participating in the interactive features of our Site, such as by submitting product reviews or submitting other content postings, or by other actions, such as by registering for Site emails or referring new users to the Site. Unless otherwise specified by the rules and regulations of a particular Promotion, the Promotions require that participants be eighteen (18) years of age at the time of entry and that participants be legal residents of the United States of America. In the event that you do not wish to participate in any particular Promotion (or any Promotion at all), please contact us and indicate your desire to “opt-out” of a particular Promotion by identifying the objectionable Promotion by name (or indicate your desire to opt out of all Promotions undertaken on the Site) in a written notice sent by U.S. Mail to:
Meg’s Makeup, Inc.
269 South Beverly Drive #606
Beverly Hills, CA 90212
Attn: Sweepstakes and Promotions Opt-out
Free Product Offers and Samples
THE FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL SAMPLE PRODUCT WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, ARE DISCLAIMED BY MEG’S MAKEUP, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
By receiving any products through such sample and freebie offers, you agree to release and hold harmless Meg’s Makeup and its subsidiaries and affiliates, and each of their respective parent companies and each such company’s officers, directors, shareholders, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in any product samples and freebie offers or receipt or use or misuse of any such product.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEG’S MAKEUP, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION AND DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE’S LAWS.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, ANY MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.
Contact and Violations
Last updated on March 3, 2009.
© 2009 Meg’s Makeup, Inc. All rights reserved.