PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.
By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this site.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days’ prior written notice to you. We also reserve the right to modify or discontinue any Site (or portion thereof) with or without notice to you.
SCOPE OF TERMS AND CONDITIONS
These terms and conditions apply to your use of all of the sites and services owned or operated by No Makeup Required LLC, referred to here as NMR and collectively “we,” “us,” or “our”, including nomakeuprequired.com, and any other site that we own and operate or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only link.
CONTENT OWNERSHIP
All information available on our Web site, including but not limited to all articles, pictures, message boards, chat rooms, tools, quizzes, products, events, courses and/or other content (“content”) is the sole property of No Makeup Required. No Makeup Required’s content is protected by the intellectual property laws of the United States (and otherwise throughout the world), and you may not post, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any content available on the No Makeup Required Web site, including without limitation articles, pictures, trademarks or literary material, without the express written permission of No Makeup Required. Content available on the No Makeup Required Web site is for personal, non-commercial, private informational purposes only. You do not acquire any proprietary rights in any No Makeup Required content even if you download such content.
YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that: (i) all information that you provide to No Makeup Required LLC will be true and accurate; (ii) that you have the right to submit any and content submitted to No Makeup Required LLC, grant the licenses granted herein and that any submitted content is original to you and does not violate the rights of third parties; (iii) that you will not post, publish, transmit, attempt to reverse engineer or otherwise dismantle any or all software and/or other intellectual property maintained or otherwise found on this Web site; (iv) you will not attempt to gain unauthorized access to other computer systems (i.e., “hack”) or gather, harvest, “data mine, “collect” or store information about the users or content of this Web site other than “bookmarking” as that term is commonly understood; and (iv) will not post, publish, or submit any material that violates the rights of third parties.
LINKS
These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
Other sites may link to any of the Sites only through a plain-text link. Permission must be granted by us for any other type of link to the Sites. To seek our permission, you may write to editor@nomakeuprequired.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.
NOTICE OF UNAUTHORIZED USES
If you believe that any content published on No Makeup Required LLC may infringe on intellectual property owned by you or a third party, please provide the details in a written notice to editor@nomakeuprequired.com.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), WILL WE OR ANY OF OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF WE OR ANY SUCH PARTY WAS ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES. THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You hereby indemnify, defend and hold No Makeup Required LLC and its respective licensees, affiliates and all its respective officers, directors, owners, agents and licensors, harmless from and against any and all liability damages and costs (including reasonable attorney fees) incurred by you as a result of your use of No Makeup Required LLC, the violation of these Terms of Service by you, or the infringement by you (or any other subscriber or user of your account), of any intellectual property or other right of any person or entity.
INTERRUPTION IN SERVICE
No Makeup Required LLC will make reasonable efforts to keep your account and the service(s) offered by No Makeup Required LLC operational. However, certain technical difficulties may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate will exceed one hour. No Makeup Required LLC also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of No Makeup Required LLC, with or without notice.
NO PERSONAL ADVICE
The information contained in or made available through the Sites (including but not limited to information contained in text files.) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites.
PARENTAL PERMISSSION
Some of the information available on the Sites concerns the topic of sex and may not be appropriate for children. Further, the Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under the age of 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under the age of 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
TECHNOLOGY ISSUES
You acknowledge and agree that you must: (i) provide for your own access to the World Wide Web and pay any service fees (if any) associated with such access; and (ii) provide all equipment necessary for you to make such connection to the World Wide Web, including, if applicable, a computer, software, a modem and a working telephone line. No Makeup Required LLC shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the No Makeup Required LLC Web site (inclusive of any and all software).
PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy.
CONFIDENTIALITY
No Makeup Required LLC currently uses industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide and to prevent against its loss or misuse. Although No Makeup Required LLC will exercise reasonable care to provide a secure transmission of data, no data transmission over the internet can be guaranteed to be 100% secure and No Makeup Required LLC cannot guarantee that the personal information you submit will be free from unauthorized third party intrusions. Therefore you acknowledge and agree that all information you submit to No Makeup Required LLC is done at your own risk.
JURISDICTIONAL ISSUES
We control and operate the Sites from our offices in the United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access any Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
MISCELLANEOUS
These terms will be governed by and construed in accordance with the laws of the State of Washington, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Washington. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains and supersedes any prior communications, understandings or agreements between you and us with respect to its subject matter. These terms shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under these terms. These terms and each and all of the provisions hereof bind and benefit you, us and your and our heirs, executors, administrators, legal representatives, successors and assigns. The agreement between you and us reflected in these terms may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both you and us.
(Last modified on June 21st, 2010)