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Terms of Use
Welcome! This web site (the "Site") is owned and operated by Total Beauty Media, Inc. ("Total Beauty", "we", "us" or "our"). Total Beauty makes this Site and the content, information, products and services available on this Site (collectively the " Services") subject to acceptance of and compliance with the terms and conditions set forth in these terms of use (collectively, the "Terms of Use") and elsewhere on this Site. The terms "you," "your" "yours" and "yourself" refer to all visitors to this Site.
- 1. Terms and Conditions of Use
Please review these Terms of Use very carefully. By using or visiting this Site and all linked pages owned and operated by Total Beauty (other than to read these Terms of Use for the first time), you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional guidelines, rules, terms and conditions that may apply to specific sections of the Site or to the Services available on the Site or to anything else referenced herein. Accessing the Site, in any manner, constitutes use of the Site and your agreement to be bound by these Terms of Use. If you do not agree with these Terms of Use, you will have no right to use the Site and you should leave the Site and discontinue your use of the Services immediately.
Certain features and functionality included in the Services may be subject to additional posted notices, terms and/or conditions. Your use of such features and functionality is subject to those additional notices, terms and/or conditions, which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and any additional posted notices, terms and conditions, these Terms of Use shall control.
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site or the Service, from time to time, in which case we will post the revised Terms of Use on this Site and they will be effective immediately upon posting. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified. - 2. Privacy Policy
Registration data and other information collected about you are subject to our Privacy Policy,the terms of which are incorporated herein. You should review our Privacy Policy to understand how we collect and use data about you. - 3. Eligibility
You may not use the Site if you are under thirteen (13) years of age. If you are under 13, do not use the Services. Certain portions of the Site and/or certain Services offered on or through the Site require you to be eighteen (18) years old. If you are under 18, do not use those portions of the Site or those certain Services.
By using the Site and/or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. This Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or the Services. - 4. Registration, User ID and Security
In order to access or use certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to access and use certain other features of the Site, such as weblogs or bulletin boards, you may be required to register with us on a registration form which will require you to provide personally identifiable information (such as your name, age and an e-mail address you own) and to select a password and user name, which shall consist of an email address you own and use ("User ID"). You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration page. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. Further, you may not: (i) enter, select or use a user name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID, in our discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. You agree to (a) notify Total Beauty immediately of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. - 5. Use of the Site/Service
Subject to the restrictions on use and on posting set forth in this Terms of Use, you may use the Site to: access the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Services (collectively, the "Content"); rate and review products; share reviews with other Site users; search the Total Beauty database for reviews and product information; forward reviews to people you know, whether or not they are existing users of the Site; participate in sweepstakes, sample giveaways and other promotions; and invite people you know to become registered members of the Site
You may not copy or distribute any portion of the Site and/or Services for any purpose not authorized immediately above without Total Beauty's express written permission.
Total Beauty does not control the Content posted by third parties via the Services, including the contents of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to third-party Content that is offensive, indecent or objectionable. Under no circumstances will Total Beauty 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 also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our web site or infringes the rights of others. - 6. 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 beauty 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 only provide Posted Content that you believe to be true.
- You may 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.
- You may not 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.
- You may not post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts.
- You may not 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. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not post any content that falsely states or implies that such content is sponsored or endorsed by Total Beauty.
- You may not provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity.
- You may not use the Site to post or disseminate any advertisements or any other information, software or other material for commercial purposes.
- You may not 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.
- You may not use the Site to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any make-money-fast schemes, 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.
Total Beauty reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, removing the offending Posted Content or other Content from the Services and terminating the membership of violators or blocking your use of the Services and/or the Site. You understand and agree that we have no obligation to monitor any bulletin boards, weblogs or other areas of the Site through which users can supply product reviews, information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use. - 7. General Restrictions on Rights to Use the Site and Services
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 Services;
- 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 Total Beauty or the Site.
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Services or in or on any Content or other material obtained via the Site and/or Services;
- 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 Services;
- access, retrieve or index any portion of the Site and/or Services 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 share 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 Services or otherwise interfere with other users' or members' enjoyment of the Site and/or Services;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the Site or Services 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 Services, or otherwise attempt to interfere with the proper working of the Site and/or Services;
- 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 Services, 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.
- 8. Terms of Sale of Promotional Vouchers
General Information
This Site offers e-commerce transaction services involving our offer for sale of vouchers ("Vouchers"). The Vouchers offered on our Site are promotional vouchers that may be purchased through Total Beauty from participating beauty products or services brands (each, a "Brand Partner") to be used in exchange for goods/services at a discount from their actual cost. Our Brand Partners make these attractive promotional offers because they desire to reach our community of users, and they are willing to offer you significant discounts on their products or services to help build consumer awareness and trials for their products or services. Total Beauty markets these promotional offers and acts as an agent in selling the Vouchers on behalf of the participating Brand Partners; however, the participating Brand Partner is the seller and issuer of the Vouchers and is solely responsible for redeeming any Voucher you purchase on our Site. A Voucher you purchase through our Site is redeemable for the products or services of the participating Brand Partner on the web site where it markets and sells its products or services.
When you place an order for a Voucher from a Brand Partner through our Site, you are making an offer to purchase the Voucher subject to the terms and conditions below, as well as the particular terms, restrictions and conditions associated with that participating Brand Partner's promotional offer. The particular terms of a participating Brand Partner's promotional offer will supersede any inconsistent terms in these Terms of Use, except to the extent such terms are prohibited by applicable law. Your purchase of products or services at the site of a participating Brand Partner will be subject to the terms of use of that participating Brand Partner's web site.
To purchase any Voucher, you must have an account with us so we can collect information to allow you to pay for your Vouchers and provide you with access to your Vouchers, view past purchases, and modify your preferences. You must be at least eighteen (18) years old to be eligible to use the portion of our Site devoted to the offer of Vouchers and to purchase Vouchers. By using that portion of our Site and purchasing Vouchers, you represent that you are of legal age to form a binding contract.
Our Brand Partners typically require a minimum threshold number of Vouchers to be sold before the promotional offer subject to those Vouchers becomes live. If that threshold has not been met at the time you place an order for a Voucher, you will receive a confirmation of your order by email and we will pre-approve your credit card. Then, at such time as the minimum threshold is met, your credit card will be charged for the purchase price of the Voucher, we will notify you by email that your purchase has been processed, and we will deliver the Voucher you purchased electronically. If the threshold has already been met at the time you place an order for a Voucher, you will receive a confirmation of your order and purchase by email, your credit card will be charged for the purchase price of the Voucher, and we will deliver the Voucher you purchased electronically. The participating Brand Partner has agreed to permit you to redeem your Voucher immediately following its delivery to you. Should the minimum threshold for a promotional offer never be met, we will not charge your credit card, no Voucher will be issued for that particular promotional offer, and we will notify you of the termination of that promotional offer.
We collect and share certain personal information about you in the course of processing your purchase of Vouchers through our Site. For more information about our collection, use and sharing of your personal information, please review our Privacy Policy.
Terms and Conditions- Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Brand Partner.
- Vouchers may be applied only to products or services sold by the participating Brand Partner, and may not be applied to shipping or handling charges or taxes.
- The purchase price you pay for a Voucher does not include sales and other taxes which may be charged to you separately by the participating Brand Partner at the time you redeem your Voucher.
- The issuing of credit in a partial redemption is at the sole discretion of the Brand Partner unless otherwise required by law.
- Neither Total Beauty nor the Brand Partner is responsible for lost or stolen Vouchers.
- Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified in the Voucher.
- Reproduction, sale or trade of a Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with (1) these terms and conditions and (2) the terms, conditions and restrictions applicable to the promotional offer by the participating Brand for the Voucher will render the Voucher null and void.
- There shall be no cash value for any Voucher, except as provided in these Terms of Use and/or as may be required by applicable law.
- Void to the extent prohibited by applicable law.
Applicable law may affect how and when you are entitled to redeem a Voucher. Generally, Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally. However, where permitted by the participating Brand and/or where legally required, you may be entitled to redeem a Voucher for less than its face value. If you redeem a Voucher for less than face value, your purchase shall first be applied to its Cash Value (until that amount is fully depleted) and second to the Promotion Amount that remains. If required by law, your partial redemption of a Voucher may entitle you to a credit or cash in an amount equal to the difference between the face value of a Voucher and the amount you redeemed from the participating Brand. For instance if you purchase for $30 a Voucher entitling you to purchase $50 worth of products or services before or on April 1, 2011, and you redeem that Voucher for $45 on March 25, 2011, you will only be entitled to a credit in the amount of $5, if required by law, which you would need to redeem on or prior to the April 1, 2011 expiration date.
Our participating Brand Partners typically include an expiration date on their Vouchers, and that expiration date dictates the termination of the discounted promotional offer applicable to a Voucher. However, a Brand Partner may be legally required to allow you to redeem the Cash Value of a Voucher (but not the Promotion Amount) beyond the stated expiration date of that Voucher. Thus, where legally required, you may be allowed to redeem a Voucher for its Cash Value (but not the Promotion Amount) until the later of: (i) the expiration date associated with that Voucher; and (ii) the minimum length of time prescribed by applicable law before a Voucher may expire. In the example set forth in the immediately prior paragraph, there would be no remaining Cash Value because the amount redeemed for the Voucher exceeded the Cash Value of that Voucher (redeemed amounts are applied against the Cash Value of a Voucher first and second to the Promotion Amount). However, if the Voucher holder in that example failed entirely to redeem the Voucher by April 1, 2011, the holder would be entitled to redeem the Voucher from the participating Brand Partner for its Cash Value (e.g. $30) (but not the additional $20 Promotion Amount) beyond April 1, 2011 for as long as applicable law requires.
You may obtain a refund from us for the Cash Value (purchase price) of a Voucher within forty-eight (48) hours of your purchase so long as you have not redeemed the Voucher in whole or in part. After forty-eight hours, we do not provide refunds unless you are unable to redeem a Voucher before the expiration date of a Voucher because the participating Brand Partner has gone out of business or unless there is something wrong with your Voucher Purchase. In the latter case, we will consider your refund request on a case-by-case basis and work to keep you happy. If you hold an expired Voucher and wish to obtain a refund for the purchase price (Cash Value) of that Voucher, you should contact the participating Brand Partner that issued such Voucher and request a refund. If that Brand Partner is unwilling to offer you a refund for the Cash Value of the Voucher after such request and is legally required to do so, then please contact us and submit a written explanation of these circumstances and Total Beauty will issue you a refund of the Cash Value of your Voucher. We will make every effort to process a refund as soon as possible, but in any case within 30 days of the day on which we notify you that we have accepted your refund request. Total Beauty will issue you a refund via the same method used to purchase the Voucher originally.
9. Intellectual Property Rights
Total Beauty's Limited License to You
This Site and all the materials available on the Site are the property of Total Beauty and/or its affiliates and licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site may be obtained by contacting information@totalbeauty.com.
Your License to Total Beauty
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 Total Beauty 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.
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.
10. Notice of Copyright Infringement
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:
Total Beauty Media, Inc.,
3420 Ocean Park Blvd, Suite 3050
Santa Monica, CA 90405
Attn: Copyright Agent
or by e-mail to:
copyrightagent@totalbeauty.com.
Please include the following information in your written notice:(1) a detailed description of the copyrighted work that is allegedly infringed upon; < br/> (2) a description of the location of the allegedly infringing material on the Site; < br/> (3) your contact information, including your name, address, telephone number, and, if available, e-mail address; < br/> (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; < br/> (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< br/> (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Please note that the contact information provided in this Section 9 is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.
11. Disclaimers
General Disclaimers
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 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. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICES OR MATERIALS DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
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.
Interactive Features
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.
Online Commerce
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, 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 Total Beauty 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 Services to a merchant.
Sweepstakes and Promotions
From time to time, Total Beauty 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:
Total Beauty Media, Inc.,
3420 Ocean Park Blvd, Suite 3050
Santa Monica, CA 90405
Attn: Sweepstakes and Promotions Opt-out
Promotional Vouchers
TOTAL BEAUTY MAKES NO WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR VOUCHERS PROVIDED THROUGH THE SITE. TOTAL BEAUTY MAKES NO WARRANTIES REGARDING THE RESULTS OBTAINED FROM THE USE OR REDEMPTION OF ANY VOUCHERS , OR THAT ANY SUCH RESULTS WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEEET YOUR REQUIREMENTS.
The holder and issuer of a Voucher is the participating Brand Partner. As the holder and issuer of the Voucher, the Brand Partner shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you, caused in whole or in part by the Brand Partner, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Total Beauty and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to: (i) any act or omission of Brand Partner in connection with a Voucher or the products or services provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof; and (ii) any action or inaction by a Brand Partner, including Brand Partner's failure to comply with applicable law and/or failure to comply with the terms of a Voucher.
In connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TOTAL BEAUTY, 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 STATES' 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 SERVICES, 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 SERVICES.
IN NO EVENT SHALL TOTAL BEAUTY'S LIABILITY WITH RESPECT TO ANY VOUCHER EXCEED THE AMOUNT PAID TO TOTAL BEAUTY FOR SUCH VOUCHER, AND IN NO EVENT SHALL TOTAL BEAUTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE EXCEED THE AMOUNT PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
13. Indemnity
You agree to indemnify and hold Total Beauty, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Services, (iii) the violation of these Terms of Use by you, (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity; (v) any content you post on this Site; and (vi) any products or services purchased by you in connection with this Site and/or the web sites of our Brand Partners.
14. Termination
These Terms of Use will remain in full force and effect while you use the Site and avail yourself to the Services. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of any such cancellation or termination, you shall no longer be authorized to access all of the Site or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any termination of your right to use the Site. Sections 2, 6, 9, 11, 12, 13, 14 and 15 shall survive any termination or expiration of these Terms of Use.
15. Miscellaneous
These Terms of Use constitute the entire agreement between Total Beauty and you with respect to the subject matter contained in these Terms of Use and supersede all previous and contemporaneous agreements, proposals and communications, written or oral.
If there is any dispute about or involving the Site and/or the Services, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree further to personal jurisdiction by and venue in the state courts of the State of California, City of Los Angeles, or the United States Federal Courts located in the Central District of California. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Total Beauty in any respect whatsoever. Total Beauty may provide you with notices by email, regular mail or postings on the Services. The failure of Total Beauty to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. 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. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Total Beauty's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. FTC Required Disclosure
Total Beauty endeavors at all times to provide unbiased product reviews and editorials. However, we want you to know that Total Beauty receives free products from companies or their agents which we sometimes review or discuss in Total Beauty editorials, and that Total Beauty sometimes displays advertising or undertakes promotional programs for those products or the companies making those products (or other of their products), for which Total Beauty is compensated.
17. Contact and Violations
Please contact us at legal@totalbeauty.com with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to legal@totalbeauty.com.
Last updated on April 25, 2011.
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