Terms and Conditions of Use
You may not use the Site if you are under thirteen (13) years of age. If you are under 13, do not use the Services. Certain portions of the Site and/or certain Services offered on or through the Site require you to be eighteen (18) years old, for instance purchasing products, entering into sweepstakes and participating in sampling and product gifting programs. If you are under 18, do not use those portions of the Site or those Services.
Registration, User ID and Security
Use of the Site/Service
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.
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 (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 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 web sites 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.
- You may not 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 one's 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, comments, information or other material. We also reserve the right at all times to refuse to post or to remove any content, in whole or in part, that in our sole discretion is objectionable and/or disclose any information we believe necessary to satisfy any law, regulation or governmental request.
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.
You acknowledge that other users may submit content that may be derogatory of your Posted Content, and Total Beauty is under no obligation to monitor or delete any such derogatory Posted Content. If there should arise a dispute between you and another user of the Site, Total Beauty is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion.
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 on your behalf 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 web site 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 and/or health 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;
- 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 Site users in connection with undertaking any activities prohibited under this Section 7.
To purchase or rent any item in our Store, you must have an account with Total Beauty so we can collect information to allow you to pay for your purchases or rentals, view past purchases/rentals, and modify your preferences, as well as enable Total Beauty to ship to you, or otherwise give you access to, your purchase(s) and rental(s). You must be at least eighteen (18) years old to make purchases or rent items from the Store. By visiting the Store and making any purchase or renting any items, you represent that you are of legal age to form a binding contract.
We endeavor to describe products, vouchers and other goods accurately, but Total Beauty does not warrant that its item descriptions or other information is accurate, complete, reliable, current or error-free. Total Beauty makes every effort to display accurately the color of products; however, the colors you actually see will depend on your monitor or screen and may not be accurate. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing or quantities available, either on our Site or an affiliate's or partner's web site, Total Beauty shall have the right to refuse, or cancel, any orders, placed for product that is listed at the incorrect price or out-of-stock. Total Beauty shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Total Beauty Media will issue a credit to your credit card account in the amount of the charge.If an item you have purchased is not as described or if you are dissatisfied with any such item you have purchased from our Store, your sole remedy is to contact us as directed below and request a replacement, credit or refund. Reference to any products, services or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation of those items or entities by Total Beauty. (Total Beauty's editors do, however, make product recommendations in the buying guides available for purchase at the Store.)
Nothing appearing in this Site shall constitute a binding offer to sell, rent, distribute or give away products, merchandise and/or paid content. Total Beauty reserves the right at any time after receipt of your order to accept or decline such order, or any portion thereof, even after you have received an order confirmation or your credit card has been charged. For instance, if products, merchandise and/or paid content are listed at an incorrect price, Total Beauty shall have the right to refuse or cancel orders placed at an incorrect price, regardless of whether your order has been confirmed or your credit card has been charged. All received orders are screened for fraud or other types of unauthorized or illegal activity. Total Beauty reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may contact you to confirm your order. We also reserve the right to cancel any orders or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If your order is canceled by us after your credit card has been charged, we will promptly attempt to notify you at the contact information you provided at the time of purchase and issue a credit to your credit card.
We may receive a commission, fee and/or other compensation on your purchases and rentals on third party ecommerce sites to which you have been linked or referred via the Services.
We and our ecommerce partners, vendors and/or service providers will charge you fees for products, including without limitation, content, offered for sale or rental in our Store or elsewhere via the Services. You are responsible for, and agree to pay, all fees and charges, including applicable taxes and surcharges, resulting from your purchases or rentals in our Store or elsewhere through the Services, including any purchases or rentals made by anyone you allow to use your account. All prices listed for products, vouchers and other goods offered in our Store are in U.S. dollars. We and our ecommerce partners, vendors and/or service providers reserve the right to change our prices and fees, and to institute new prices and fees, effective upon publication of such revised pricing on the Site. If you submit a credit, card number, or other payment information to us at the time of purchase or rental, you authorize, give us permission and direct Total Beauty to retain such information and to charge all due prices and fees to such payment method. Should Total Beauty be unable to charge the purchase or rental amounts and fees associated with your purchase(s) or rental(s) to the credit card you designate, Total Beauty shall have the right to: (i) void your puchase or rental; (ii) demand immediate payment of all amounts due; (iii) assess a 1.5% late charge (or the highest amount allowed by law) whichever is lower; (iv) take such lawful measures as are necessary to collect payment due, and you will be responsible for the costs incurred in pursuing such remedies (including collection costs, legal fees, filing and court costs, etc.); and/or (v) terminate your Total Beauty account. You must notify us of any billing problems or discrepancies within ninety (90) days after they first appear on your billing statement. Should you not bring such matters to our attention within ninety (90) days, you agree that you waive your right to dispute any such problems or discrepancies.
Items for sale in our Store are for your personal use only. You may not sell or resell any item you have purchased from our Store.
From time to time, Total Beauty may offer certain of its users a one-time single-use promotional offer or code that will provide for a specific benefit. Any such promotional offer or code is intended to be used only by the individual it was offered to, and it is not transferable. If we determine that you have used a promotional offer or code not intended for you, Total Beauty, at its sole discretion, reserves the right to either void the transaction or charge your credit card for the difference between what you paid, and the price of the product sold to individuals who do not have the promotional code or offer.
Most of the products available for sale or rental from our Store or elsewhere via the Services originate from our suppliers, vendors and other ecommerce partners. Total Beauty has no control over, and expressly disclaims any responsibility for, the quality, quantity, size, fitness for a particular purpose, specifications, features, functionality, safety or legality of any such products, the accuracy of the information pertaining to such items, or the ability of our suppliers, vendors or ecommerce partners to process your purchases and ship them to you.
The products available for purchase on our Store (that require shipping) may be ordered and delivered only within the U.S. (We do, however, occasionally work with one or more third-party U.S. based international shipping agencies that arrange to ship our products internationally - please see the FAQs available at the help screen in our Store). Any products purchased by you in our Store that require shipping will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Price and availability information is subject to change without notice.
Product Buying Guides
The product buying guides available for sale in our store feature product recommendations from Total Beauty's editorial team. Any statements made about products in such buying guides have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. Reliance on any such information and recommendations is solely at your own risk.
The vouchers ("Vouchers") offered on our Site are promotional vouchers that may be purchased in our Store from participating beauty and health brands (each, a "Brand Partner") to be used in exchange for products or 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 from our Store. A Voucher you purchase in our Store 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.
The following additional terms and conditions shall apply to your Voucher purchases:
- Limit one (1) Voucher per redemption. Only one (1) Voucher can be used per order unless otherwise specified by the 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.
The value of a Voucher consists of: (i) the amount equal to the purchase price of the Voucher (i.e. the amount for which your credit card is charged) (the "Cash Value"), and (ii) an additional bonus amount (the "Promotion Amount") consisting of the difference between the face value of the Voucher and its Cash Value (e.g. the total value of products or services for which that Voucher may be redeemed from a participating Brand Partner). For example, if you purchase for $30 a Voucher entitling you to purchase $50 worth of products or services, the Cash Value is equal to $30 and the Promotion Amount is $20.
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 Partner 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 Partner. For instance if you purchase for $30 a Voucher entitling you to purchase $50 worth of products or services before or on April 1, 2013, and you redeem that Voucher for $45 on March 25, 2013, 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, 2013 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, 2013, 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, 2013 for as long as applicable law requires.
You may obtain a refund from us for the Cash Value (i.e. the 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 thirty (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.
Returns, Credits and Refunds
We want you to be happy when you receive your purchase from our Store. Should you be dissatisfied with your purchase, then please contact us at email@example.com and submit a written explanation of the issue or problem. We will evaluate your request and issue a response, product or collection replacement, store credit, and/or refund, as may be appropriate. In no case will Total Beauty issue a refund in excess of your purchase price. Total Beauty will issue you a refund via the same method used to purchase the item originally (for instance, a credit card) and please note it may take up to ten (10) business days to process returns/refunds and see a credit posted to your account. Any returns or refunds shall be at Total Beauty's sole discretion.
Intellectual Property Rights
Total Beauty's Limited License to You
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 Total Beauty, and anyone authorized by Total Beauty, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such Posted Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such Posted Content (in whole or in part), as modified by Total Beauty in its sole discretion. 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. You acknowledge and agree that Total Beauty and its partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.
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 content 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 compensation for your Posted Content.
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:
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your name, address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (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.
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 CONTENT DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WE DO NOT WARRANT THAT OUR CONTENT OR ANY POSTED CONTENT, WHETHER DURING TRANSMISSION VIA THE INTERNET OR WHILE STORED ON OUR SERVERS, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS.
Links to Third Parties
Throughout the Site, we have provided links and pointers to web sites and weblogs maintained by third parties. Our linking to such third-party sites does not imply an endorsement, guarantee, approval or sponsorship of such sites, or the information, products or services offered on or through such sites. Nor do we warrant that these sites will not contain viruses or otherwise impact your computer. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web sites linked to by us on the Site. Users should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
This Site may include a variety of features, such as bulletin boards, web logs, e-mail services, and photo and video uploads, which allow real-time interaction between Site users and provide feedback to us. 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 posting such content. 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 Posted Content and are not responsible for the user submitting such content.
Our Store facilitates the purchase of certain products merchandized and branded by Total Beauty. To the extent such products consist of products manufactured or delivered by third parties, we are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of such products. You agree to release Total Beauty from any damages that you incur, and agree not to assert any claims against us arising from your purchase or use of any products manufactured or delivered by third parties.
Links appearing on the Site may facilitate your purchase of products and services online that are provided by third party merchants. 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 web site 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 to a merchant appearing on the Site or the Services.
The Content made available to you on this Site is provided for your personal education or informational purposes only. Such Content is not intended to substitute for professional medical advice, diagnosis or treatment of any disease or condition. You should consult with qualified medical personnel regarding any disease or condition you have, and if you have a medical emergency, you should call 911 or your doctor immediately. You should not forego recommended medical treatments or delay seeking medical attention based on anything appearing in this Site. All products purchased from our Store or elsewhere via the Services should be used strictly in accordance with their instructions, cautions and guidelines. Please check the ingredients of each product to avoid allergic reactions. We strongly recommend that you consult with a physician or qualified health care provider before you permit any minor to use any products purchased in our Store or elsewhere via the Services.
Sweepstakes and Promotions
From time to time, Total Beauty offers sweepstakes, contests, sample giveaways and other promotional activities (each, 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 U.S. 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
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 releases appearing in this Section 11, 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."
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TOTAL BEAUTY OR ITS 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 CONTENT, PRODUCTS, OR SERVICES, OR THIRD-PARTY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR THAT RESULT FROM ANY GOODS, SERVICES, VOUCHERS OR CONTENT PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED, 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 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 CONTENT, 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.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND TOTAL BEAUTY.
YOU ALSO AGREE THAT BY VISITING AND USING THIS SITE, YOU ARE BOUND TO THESE DISPUTE RESOLUTION TERMS AND YOU AND TOTAL BEAUTY ARE BOTH WAIVING THE RIGHT TO TRIAL BY JURY. YOU AND TOTAL BEAUTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION; CLASS ACTIONS ARE NOT PERMITTED.
For any claim where the total amount of the award sought is $10,000 or less, JAMS, you and Total Beauty must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules, and the hearing (if any) must take place in your choice of the following locations: Los Angeles, CA or New York, NY. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Total Beauty will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. For claims totaling more than $10,000, Total Beauty will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
If for any reason a claim proceeds in court rather than in arbitration, you and Total Beauty both waive any right to a jury trial. In the event any of the terms of this Section 15 are held to be unenforceable by a court, then the disputes or claims that would otherwise have been arbitrated shall be exclusively brought in the state courts of the State of California, City of Los Angeles, or the U. S. Federal Court located in the Central District of California, and you and Total Beauty both waive any claim of forum non-conveniens. You and Total Beauty also agree that you or Total Beauty may bring suit in court to enjoin infringement or other misuse of intellectual property rights, provided that such suit and claims may be brought only in the courts identified in the prior sentence.
YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THESE TERMS OF SERVICE WITHIN SIX (6) MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER BY YOU OF ANY RIGHTS YOU MAY HAVE PURSUANT TO THESE TERMS OF SERVICE WITH RESPECT TO ANY CLAIM YOU MAY HAVE (AND ANY SUCH CLAIM SHALL BE PERMANENTLY BARRED).
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.
Contact and Violations
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site and Services are entitled to the following specific consumer rights notice: The Correspondence and Complaint Review Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1265 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last updated on June 10, 2013.
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