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Terms of Use

Welcome to the EM Cosmetics brand web site which is owned and operated by Personalized Beauty Discovery, Inc. (“em cosmetics”, “we”, “us”, or “our”).  Please read these terms of use (“terms of use”) carefully before using the services of this site (the “site”).  These terms and conditions and our privacy policy set forth the legally binding agreement (“agreement”) for your use of this site (the “site”) and the related services, features, content, widgets offered or any purchases you make via the site. This site is operated in the United States and ships only within the United States. information collected is done in accordance with the laws of the United States for United States residents.

These terms and conditions apply to all users of the site, including, without limitation, users who are contributors of content, information and other materials or services on the site.  Your access and use of the site will be subject to the version of the terms and conditions posted on the site at the time of use.  If you do not agree with the terms and conditions, then you do not have the right to access, view, or otherwise use the site or purchase any cosmetics and, accordingly, you should not do so.

We may at our sole discretion change, add, or delete portions of these terms of use at any time on a going-forward basis. It is your responsibility to check these terms of use for changes prior to use of the site, and in any event your continued use of the site following the posting of changes to these terms of use constitutes your acceptance of any changes. we will notify you of any such material changes by posting notice of the changes on the site, and/or, in our sole discretion, by email if you have registered with the site to the address we have on file. Please note that you can receive notices of material changes to the site even if you have opted out of receiving commercial messages from em cosmetics, because change notices are not commercial in nature.

Privacy

We have developed a privacy policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of your information. The privacy policy is incorporated into this agreement and by using this site you agree to the terms of the privacy policy.

General Terms and Conditions

Unless otherwise noted, the products and services on the site are intended for personal, non-commercial purposes only. You agree to use the site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these terms and conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the site.

Eligibility

This site is intended for people over the age of 13. You represent and warrant that you (a) are either above the legal age of majority in your state of residence (or have permission from your parent/guardian to use if you are under the age of majority, but over 13), (b) have not previously been suspended or removed from this site, (c) do not have more than one (1) account at any given time for this site; (d) will only provide us with true, accurate, current and complete information if you register for an account and/or orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to this site or services (or any portion thereof) and (d) that you have full power and authority to enter into the terms and conditions and in doing so will not violate any other agreement to which you are a party.

Your Account

When you set up an account, you are required to provide your name and email address and select a password (collectively, your “account information”), which you may not transfer to or share with any third parties. If you make a purchase, your account information may be updated to include other information you provide. If someone accesses our site or services using your account information, we will rely on that account information and will assume that it is really you or your representative who is accessing the site and services. You are solely responsible for any and all use of your account information and all orders and activities that occur under or in connection with the account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the site and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the site or services under your account information that, if undertaken by you, would be deemed a violation of these terms of use. In no event will we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder. Please notify us immediately if you become aware that your account information is being used without authorization. You agree not to register for more than one account, register for an account on behalf of an individual other than yourself without such individual's authorization, or register for an account on behalf of any group or entity.

User Content

We welcome user comments, information and submissions.  In addition, you and other users of the site from time to time may have an opportunity to post on this site or on one of our social media channels certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “user content”). Subject to our privacy policy , all user content that you post on this site will be treated as public, non-confidential and non-proprietary to you and may be viewed by you and/or other users of this site.  In no event should you post user content to this site if you believe it is proprietary. By posting your user content to this site or any other site or social media page owned by EM Cosmetics, you hereby grant permission to us, our affiliates and our licensees the right to use any ideas, concepts, know-how or techniques contained in any user content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information on any medium now known or later developed, without any credit, notice, approval or compensation of any kind to you. if you do not agree to this, do not post content on the site.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use the user content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on this site or any social media page owned by EM Cosmetics. We and our affiliates are not responsible for any user’s misuse or misappropriation of any user content you post on the site or any social media page owned by EM Cosmetics.

Review of Submissions

We do not routinely review and have no obligation to verify the identity of any users when they are connected to the site or to supervise the user content that has been provided by users. Except as provided in these terms, you acknowledge that we may or may not prescreen, monitor, review, edit or delete the user content posted by you and other users on the site. We and our designees retain the right to modify, move, refuse, block or remove any user content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms and conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the site and the public.  In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such user content even when we are advised of the possibility of such damages.

User Conduct

By posting user content in or otherwise using any communications service or other interactive service that may be available to you on or through the site from time to time, you agree that you are the sole responsible person and/or entity from which such user content originated.  Moreover, you agree not to access or use the site for any purpose that is prohibited by these terms and conditions.  You are responsible for all of your activity in connection with the site.

By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the site to: (a) upload, post, e-mail, or otherwise transmit any user content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion; (b) harm any person in any way; (c) upload, post, e-mail, or otherwise transmit any user content that (i) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party; and (iii) you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (e) obtain unauthorized access to any system, data, password or other information; (f) interfere with or disrupt the site or servers or networks linked to the site, or disobey any requirements, procedures, policies, or regulations of networks linked to the site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit others to join or become members of any other commercial online service or other online or offline group or organization; (k) impersonate any other person or entity, including by providing any false personal information to us (including a false user name) or creating any account for anyone other than yourself; (l) submit any person’s identification documents or sensitive financial information; or (m) breaches the privacy policy.  Violation of any of the foregoing may result in immediate termination of your license to access or use the site, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the site in order to (1) determine whether a violation of the terms and conditions has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.

No Endorsement

We do not control the user content posted on the site and, as such, we make no representations or warranties regarding user content or its truthfulness, accuracy, reliability, integrity or quality.  We do not determine whether user content violates the rights of others, and we have no control over whether user content is of a nature that you or other users may find offensive.  User content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in user content appearing on the site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any user content or any other content posted by you or any other user on or otherwise accessible through the site. We do not assume, and expressly disclaim, any obligation or liability with respect to user content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.

Our Right to Use User Content

You do not have to submit anything to us, but if you choose to submit any user content to the site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction.  You represent and warrant that you own or otherwise control any and all rights in and to the user content that you submit and that our public posting and use of that user content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.  By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including user content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such user content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties.  You also hereby do and shall grant each user of the site a non-exclusive license to access your user content through the site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such user content. We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with user content), city and state in connection with broadcast, print, online or other use or publication of your user content.  We and our designees may use or otherwise transfer, remove or dispose of any and all user content without restriction and users of the site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of user content by us. notwithstanding the foregoing, personally identifiable data, if any, included in user content shall be handled in accordance with our privacy policy.

Transmitting Materials

You understand that the technical processing and transmission of the site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the site.

You agree that you will not harvest, collect or store information about the users of the site or the user content or use such information for any purpose inconsistent with the purpose of the site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications.  You may not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; (iii) bypass any measures we may use to prevent or restrict access to the site or portions thereof (or other accounts, computer systems or networks connected to the site); (iv) run any form of auto-responder or “spam” on the site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site; or (vi) harvest or scrape any content from the site.

Product Availability

We make commercially reasonable efforts to make sure our site reflects truthful and accurate information about the products we sell. The availability of the products and services described on the site, and the descriptions of such products and services, may vary based on location and timing.

Purchases

You do not need to register with us if you are just browsing the site, but if you want to make a purchase, you must provide us with your first and last name, your email address, and mailing address, along with your credit card information. You may also be asked to tell us whether you want us to retain your financial payment information. The safety of your credit card information is important to us, and em cosmetics makes commercially reasonable efforts to help protect the security of information you provide online in connection with a purchase.

You may purchase on our site either by providing us (and our third party vendor, shopify) with your information, including your credit card information. Or you may purchase using paypal, if you have a paypal account. If you make a purchase using paypal, you are agreeing to that company’s terms and conditions.

As do many companies, EM Cosmetics’ payment processor uses Secure Sockets Layer (SSL) technology to help keep your online order information safe. SSL technology encrypts your credit card number, order information and personal information before it is transmitted to help protect it from being decoded by anyone other than us. You have the option of telling us not to retain this information after the purchase is made. If you choose this option, you will have to re-enter your payment information each time you access the site. We may use information collected from your transaction to improve the site or make offers to you, but we will not use your financial information for purposes other than allowing you to make a purchase.

Making a purchase from the EM Cosmetics site means, once you enter the checkout page, your computer will begin communicating with our vendor’s server using ssl encryption. You can determine the security of your connection because the first characters of the site address will change from "http" to "https" so long as you are accessing this site through a server that allows this technology. While we cannot guarantee our security measures are 100% secure, the SSL technology is designed to protect your information.

Third Party Merchants

This site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.

Returns and Exchanges

We will be happy to refund your money or exchange your product as long as the product is in its original packaging and in new and sellable condition. Requests for returns or exchanges must be made within 30 days of the product ship date in order to be processed. Requests made after 30 days will not be accepted. To process your return or exchange, simply contact our customer care team at support@emcosmetics.com and include your order number and we’ll take care of the rest. We will refund the purchase price, minus any shipping and handling costs, back to the credit card you used. Refunds may take up to ten business days to process. You must pay for the return shipping costs. Used product or product that is not in its original packaging cannot be exchanged or returned for a refund.

Advertisements, Sponsorships, Co-Promotions and Other Partnerships

We may display advertisements for the goods and services of a third party on the site, including in connection with co-promotions, sponsorships and other similar partnership arrangements.  We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.

Events

You may be invited or asked to attend events we sponsor or events held by other members and users of the site which are not in any way associated with us (collectively, “events”). Your participation in any events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the events or participation in any activities available at the events. 

Official Rules for Contests and Sweepstakes

Your participation in any contest or sweepstakes (“Giveaway”) is subject to and governed by the official rules set forth here, along with any additional guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on ipsy.com (the “Specific Giveaway”). If there is a conflict between these Official Rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.

Social Media Disclosure. All Giveaways also follow the guidelines of the social media channel on which the Giveaway is promoted. Giveaways are in no way sponsored, endorsed or administered by, or associated with the social media channel you use to learn about or enter the Giveaway. Entrants are providing their information to Em Cosmetics and not to the social media channel, during the entry process. The information entrants provide will be used for administering the specific Giveaway and/or for marketing purposes in accordance with these Terms of Use and with Em Cosmetic’s privacy policy, located at www.emcosmetics.com/privacy
No purchase necessary to enter or win a giveaway offered by Em Cosmetics. In some cases, purchase may be necessary for entering contests. You can find information regarding whether purchase is necessary for a contest by checking the Additional Terms for the Specific Giveaway.
Eligibility Unless otherwise noted in the Additional Terms for the Specific Giveaway, Em Cosmetic Giveaways are open to legal residents of the 50 United States, who are at least 18 years of age or older (“Entrants”). Giveaway supervisors, employees of Personalized Beauty Discovery, Inc. and members of their immediate families, are not eligible to participate or win. The Giveaway is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
Sponsor Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is Personalized Beauty Discovery, Inc. (d.b.a. Em Cosmetics) 201 Baldwin Ave. 2nd Floor, San Mateo, CA 94401 (“Sponsor” or “Em Cosmetics”).
Giveaway Period. The Giveaway begins and ends on the time and date outlined in the Specific Giveaway, according to Sponsor’s internal time clock. All times are listed in California time, whether Pacific Daylight or Pacific Standard Time.
Only one entry per natural person per Giveaway. Unless otherwise noted in the Specific Giveaway, you may only enter one time. Multiple entries for a single contest will not increase your chances of winning (you will still only receive one entry). If you enter more than once in a contest, only your last eligible entry will be counted.
You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered by the IRS a taxable event, and Em Cosmetics may be required to issue you a tax form 1099.
How to Enter. Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Em Cosmetics uses to launch Giveaways are free to join and Em Cosmetics makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC GIVEAWAY.
In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image of yourself, you may upload any image that includes the requisite hashtags (so that we can find it), and you will be entered in the Specific Giveaway.
If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.
Odds. The odds of winning depend upon the number of entries received.
Sweepstakes Winner Selection. On or within 48 hours of the sweepstakes close, and unless otherwise outlined in the Specific Contest, one (1) Entrant will be selected at random by Sponsor or its representative from among all eligible entries received (the “Selected Entrant”).
Contest Winner Selection. At the close of the contest, all eligible contest entries will be judged by a panel of qualified judges using the judging criteria outlined in the Specific Giveaway, and the winner with the highest score will be deemed the winner (also “Selected Entrant”). In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes. In the event of a tie, those entries will be rescored.
Giveaway Winner Notification and Announcement. Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made. Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may, but is not obligated to select an alternate Selected Entrant.
Prize. The prize, the number of prizes, and the individual and total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.
Publicity. By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
Prize Conditions. In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
Prizes are shipped only to the winner via ground shipping to the United States.
Conditions of Participating. By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway or to claim ambiguity. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any ipsy Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required.
Disputes and Jurisdiction. Disputes regarding these terms will be governed by the laws of the State of California. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.

Intellectual Property Rights

This site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding user content (collectively “proprietary material”), are protected by copyright, trademark and other laws of the united states, as well as international conventions and the laws of other countries. The proprietary material is owned or controlled by em cosmetics or by other parties that have provided rights thereto to em cosmetics.

Except as otherwise provided in these terms and conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the proprietary material or any portion thereof, for any purpose or by any means, method, or process now known or later developed.  Modification of the materials appearing on the site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

Claims Regarding Copyright Infringement

Notice: If you are a copyright owner or an agent thereof and believe that any user content or other content on this site infringes upon your copyrights, you may submit a notification pursuant to the digital millennium copyright act (“dmca”) (which may be found here http://www.copyright.gov/legislation/dmca.pdf) by providing our copyright agent with the following information in writing (see 17 u.s.c 512(c)(3) for further detail):

  • Identification of the copyrighted work in sufficient detail that is claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material in sufficient detail that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
  • Include each of the following statements:

               - “I have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.”; and

               - “I hereby state, under penalty of perjury, that the information in the above notification is accurate and that I am the owner or am authorized to act on behalf of the owner of an exclusive right in the copyrighted work that is allegedly infringed."

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Deliver this notice, complete with all of the above information to: 
Personalized Beauty Discovery, Inc.
Attn: Copyright Agent
201 Baldwin Ave., Second Fl.
San Mateo, CA 94401

 

If by email: copyrights@ipsy.com with the words “DMCA Notice” in the subject line for clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the dmca and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the dmca, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Counter-Notice

If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information in writing to the copyright agent:

  • Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled;
  • Include each of the following statements:

                  - “I hereby state, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled.”; and

                  - “I hereby state that I consent to the jurisdiction of the federal district court in san francisco, california, and I will accept service of process from the complaining party who notified em cosmetics of the alleged infringement or an agent of such person.”

  • Provide your full legal name, address, telephone number, e-mail address, and your physical or electronic signature.
  • Deliver this notice, with all items completed, to:
Personalized Beauty Discovery, Inc.
Attn: Copyright Agent
201 Baldwin Ave., Second Fl.
San Mateo, CA 94401

 

If by email: copyrights@ipsy.com with the words “DMCA Counter-Notice” in the subject line

If a proper counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the copyright agent’s receipt of the counter-notice, at our sole discretion.

Account Termination

You may terminate your account at any time. You may also request that your account be terminated at any time by sending an email to support@emcosmetics.com and requesting your account be deleted.

 

Third Party Websites and Links

You may be able to link to third party websites, services or resources on the internet from the site, and third party websites, services or resources may contain links to the site (collectively, “linked sites”). These sites are provided as a courtesy only. We are not responsible for the content, availability, advertising, products, services or other materials of any such linked sites, or any additional links contained therein, and our inclusion of links to the linked sites on the sites does not imply that we endorse or approve of any materials contained on, or accessible through, the linked sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through these linked sites.

Disclaimer

Visitors to this site agree that their use of, and reliance on any advice or information obtained from or through, the site is at their own sole risk. this site is provided “as is” and “as available,” without representation or warranty of any kind, either express or implied. Without limitation of the foregoing and to the fullest extent permitted under applicable law, we (including our affiliates, third party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers and employees) specifically disclaim any and all representations and warranties, express or implied, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties implied by any course of performance or usage of trade. We also make no representations and warranties as to any linked sites and we have no liability or responsibility with respect to your use of such sites. In some instances, content made available on this site may represent the opinions and judgments of providers or users, such as user content. We and our affiliates do not endorse nor shall we or they be responsible or liable for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than our authorized employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the site, including, without limitation, those damages or injuries occurring as a result of: (1) any error, omission, deletion, or defect in the content available on the site, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee: (1) that any portion of the site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (2) that access to the site will be uninterrupted or error-free.

We do not warrant or make any representations regarding the use or the results of use of the materials available on the site. You (and not we or any of our affiliates) assume the entire cost of all necessary servicing, repair, or correction.

We do not have any obligation to verify the identity of any person subscribing or using the site.  Therefore, we decline all liability whatsoever for identity theft or any misuse of your identity or information.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Indemnification

By using the site, you agree to indemnify and hold em cosmetics and its officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your breach of this agreement including the documents it incorporates by reference; (2) your violation of any law; or (3) your violation of any right of a third party. EM Cosmetics reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with EM Cosmetics' defense of such claim.

Governing Law; General Information

We control and operate the site from our offices in the state of California, United States of America. We do not represent that materials on the site are appropriate or available for use in other countries. Persons who choose to access the site from other countries do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

You agree that the laws of the state of california, excluding its conflict of laws rules, and these terms and conditions, our privacy policy  and any other policies posted from time to time on the site applicable to your use of the site shall govern your use of the site. Please note that your use of the site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the site resides in the courts of the county of Santa Clara, state of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the county of Santa Clara, state of California, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the site or any content or other materials on, accessed through or downloaded from the site must be commenced within one (1) year after the act or omission giving rise to the claim or cause of action arose. 

 

A printed version of the terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These terms and conditions are the entire agreement between you and us with respect to the site and any user content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these terms and conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms and conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these terms and conditions, and neither party has any authority of any kind to bind the other in any respect.

Disputes

If a dispute arises between you and EM Cosmetics, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email at support@emcosmetics.com.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We trust we will be able to address your complaint without delay and to your satisfaction.

 

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and EM Cosmetics all agree to resolve any remaining dispute arising out of or related to this terms of service, the privacy policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to agreement to arbitrate sub-section. It also applies even after you stopped using EM Cosmetics, and/or have deleted your EM Cosmetics account. 

 

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and EM Cosmetics each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either EM Cosmetics or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

 

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

 

Exceptions to Agreement to Arbitrate

We all agree that we will go to court to resolve disputes relating to:

  • Your or EM Cosmetic’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
  • Any claim made in small claims court either in Santa Clara county, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.

 

No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.

 

That means:

  • Neither you nor EM Cosmetics can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
  • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
  • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our service, and cannot be used to decide other disputes with other users.

 

The Arbitration Process
the American Arbitration Association (AAA) will manage the arbitration between you and EM Cosmetics, and AAA’s rules and procedures (including their supplementary procedures for consumer-related disputes, if applicable) will be used. If something in these terms is different than AAA’s rules and procedures, then we will follow these terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

 

You are allowed to select the arbitration location as being in the county or province where you live or in Santa Clara county, California.  We can also choose a third location if we mutually agree. 

 

If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

 

While most arbitrators render a verbal decision, both you and EM Cosmetics have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, ipsy and/or you can ask a court to confirm it.  In some very limited circumstances, we may be allowed to ask a court to change the decision or award.  This is information you will be provided should the arbitration process prove unsatisfactory.

 

Arbitration Costs
If your claim is for $10,000 (US) or less, EM Cosmetics is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA.  You must tell the AAA at the time you begin the arbitration proceeding. EM Cosmetics will be notified of your request.

 

If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, EM Cosmetics will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.

 

We won’t try to have you pay us back for covering your fees and we won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.

 

Applicable Law
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether the dispute resolution provisions in this Section 9 regarding arbitration and class action can be enforced and how they should be interpreted.

 

Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these terms of service and our relationship will be governed by english law, except for its conflicts of laws principles.

 

Any dispute or claim arising from or relating to the terms is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the EM Cosmetics terms of use located at https://www.emcosmetics.com/terms. You agree to those terms by making a purchase or by using emcosmetic.com.

 

Limitation of Liability 

In no event shall EM Cosmetics or EM Cosmetics’ officers, directors, employees, agents, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or any third party in connection with these terms or your use of the site or EM Cosmetics’ products or services, including lost profits, personal injury, emotional distress, death, and any special, incidental or consequential damages.

The liability of EM Cosmetics and EM Cosmetics’ officers, directors, employees, and suppliers to you or any third party in any circumstance (other than as may be required by applicable law, in particular, in New Jersey, and in cases involving personal injury) is limited to the greater of: (1) the total amounts, if any, you pay to EM Cosmetics in the 12 months prior to the action giving rise to liability; and (2) usd$100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. These limitations will apply to you even if the remedies fail of their essential purpose.

 

Notices

Unless otherwise specified in these terms and conditions, all notices under these terms and conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Please feel free to contact us via at support@emcosmetics.com, or send a letter to EM Cosmetics, c/o Personalized Beauty Discovery, inc., 201 Baldwin Ave, San Mateo, CA 94401. You agree that we may send notices to you regarding your use of the site by means of electronic mail, a general notice posted on the site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.

Modifications

We may change the agreement or these terms of use at any time for any reason by updating this posting. You are responsible for periodically reviewing these terms of use for revisions. Changes in the terms of use will be effective when posted. If EM Cosmetics makes a material change, EM Cosmetics will notify you here in this terms of use agreement or by any other means we deem appropriate. EM Cosmetics may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the site or purchase of products after we have modified this posting will constitute your acceptance of any changes.

These terms and conditions were last updated in March 2017.

 

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