Terms of service

Overview

These Website Terms of Use (these “Terms of Use” or “Terms”) are a legal agreement between you and Bakeup Beauty and governing your use of our websites and other online or mobile services, software or applications that link to these Terms (each a “Site” and collectively “Sites”). The Sites are operated by Bakeup Beauty. Throughout these Terms, the terms “we”, “us” and “our'' refer to Bakeup Beauty. Bakeup Beauty offers the Sites, including all information, tools and Service available from the Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms.

By visiting our Sites and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and any additional terms and conditions and policies referenced herein and/or available by hyperlink in these Terms. These Terms apply to all users of our Sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our Sites. By accessing or using any part of our Sites, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of these Terms of Use, then you may not access our Sites or use any Service. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the Sites shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Sites following the posting of any changes constitutes acceptance of those changes.

The online store available through our Sites is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Service to you.

Key Terms

The table below outlines key terms that you are subject to by using our Sites. However, please read the Terms in their entirety for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Terms.

Our Rights: ●    All of the Content on our Sites is protected by intellectual property rights. You may only make limited use of the Content you find on a Site, as described below. ●    We may block you from accessing our Sites, block or delete your User Content or terminate your account for any reason. ●    We are not liable for third party content hosted on our Sites, external websites linked to from our Sites, or errors regarding product information, availability or promotional offers.

Your Use of Our Sites: ●    You only may use our Sites and our Content for your personal, non-commercial use. ●    You should only use our Sites if you are a U.S. resident of the age of majority (or at least 13-years-old with your parent’s supervision). ●    While on our Sites, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties. ●    You must not attempt to bypass security protections on our Sites, introduce viruses or other harmful code or use our Sites to attack other websites or services. ●    If you register for an account on a Site, you should keep your password confidential and not allow other people to use your account.

Your Content: ●    If you send us or post or upload User Content to our Sites, we may use that User Content for any purpose, including commercial uses, product development and advertising. ●    If you post your name, personal information or other User Content to public areas of our Sites, that information might be seen and used by any visitors to our Sites. ●    You should not send us or post User Content that 1) you want to keep proprietary or 2) you do not have the rights to post.

Other Things to Know: ●    By using a Site, you automatically consent to the terms of these Terms, which may be updated by us from time to time without advance notice. ●    These Terms contain limitations on our liability to you, important disclaimers of warranties and indemnification obligations by you. ●    These Terms govern how disputes will be handled, including through the use of arbitration with a class action waiver. ●    Your use of a Site may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Policy. ●    These Terms contain information about how you can contact us regarding complaints, questions or copyright infringement claims.

Terms

SECTION 1 - OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the “Content”) are our protected intellectual property, or are used by us with permission or under license. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.

We grant you a limited license to access and use the Sites and their Content for personal, informational and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms and solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep intact any copyright, trademark or other proprietary notices, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.

SECTION 2 - RESTRICTIONS

While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

• Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable, including unauthorized or unsolicited advertising;
• Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
• Violate, or attempt to violate, the security of a Site;
• Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Use scripts, macros or other automated means to impact the integrity of voting, ratings or similar features;
• Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
• Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Sites.

You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is pornographic, obscene, illegal, offensive, harassing or otherwise objectionable in our judgment.

SECTION 3 - DESCRIPTIONS AND ORDERS

We are not responsible if information made available on our Sites is not accurate, complete or current. The material on our Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Sites is at your own risk.

Our Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Sites at any time, but we have no obligation to update any information on our Sites. You agree that it is your responsibility to monitor changes to our Sites.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Service.

Certain products or Service may be available exclusively online through our Sites. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on our Sites is void where prohibited.

We do not warrant that the quality of any products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Service will be corrected.

Occasionally there may be information on our Sites or in our Service that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in our Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Service or on any related Site, should be taken to indicate that all information in our Service or on any related Site has been modified or updated.

SECTION 4 – ORDERS, ACCOUNTS AND BILLING

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

In general, you are not obligated to register in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User account on each Site at any given time and you may not allow other people to use your account to access a Site.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Registered User account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of these Terms. In addition, you agree to exit from your Registered User account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User user ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

We have the right to disable any Registered User, user ID, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

All purchases through our Sites or other transactions for the sale of products initiated through our Sites or resulting from visits made by you to our Sites, are governed by our Terms of Sale which are hereby incorporated into these Terms of Use.

For details regarding refunds, please review our FAQs.

SECTION 5 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You are responsible for any information, text, images, videos or other materials or content that you post on a Site or transmit through our Sites (“User Content”). You agree, represent and warrant that any User Content you post on a Site or transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us.

By submitting User Content to us directly or indirectly (including through the use of hashtags on third party social media platforms), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through a Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Site and under these Terms. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

SECTION 6 - SOCIAL MEDIA CONTENT

We may contact users and request to feature their Social Media Content

on bakeupbeauty.com (the “Website”), on our social media pages or channels, or in promotional or press materials. We may also engage third party service providers to facilitate the collection of such content for our use. Social Media Content includes any text, graphics, images, music, software, audio, video, works of authorship, including photos, captions, hashtags, comments and location information of any kind, that visitors post, provide, or otherwise make available through the Website or from social media websites or platforms, that a user grants us consent to use.

By providing Social Media Content to us, you (i) hereby grant BAKEUP Beauty Inc. the right to use your username, real name, image, likeness, descriptions of you, statements, audio, audio/visual or video recordings of you, and biographical, location or other personal or identifying information in connection with the Social Media Content; and (ii) warrant and represent that it is your original work, it does not infringe on any third-party’s rights, and that you have obtained permission from any person(s) whose name or likeness is used therein.

You represent and warrant that (i) you are at least 18 years of age and the age of majority in your place of residence; (ii) you have the full right, power and authority to enter into this Agreement and grant the rights granted herein; (iii) you are the sole and exclusive owner of all intellectual property rights and any other rights in and to Your Content or have the necessary rights and authority to sublicense Your Content to BAKEUP Beauty as set forth herein; (iv) the use of the Your Content as described herein will not violate the intellectual property rights or any other rights, including the rights of privacy and publicity, of any third party; and (v) this Agreement does not in any way conflict with any existing commitments on Your part.

Replying to our authorization request with the hashtag #BAKEUPBeautyYES or such other hashtag that we indicate means acceptance of these Terms and Conditions in the applicable request for consent. If you do not accept these Terms, do not provide your affirmative response.

SECTION 7 - INTERACTIVE FEATURES AND OPTIONAL TOOLS

We may host virtual try on features, user-generated content, promotions, product reviews, blogs, and other interactive features or services through which users can post or upload User Content (each, a “Forum”) on our Sites. We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging.

You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous user names when doing so. Any user failing to comply with these Terms may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site or any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce these Terms, or for any other reason or purpose we deem appropriate. If you see User Content on our Sites that you believe violates the terms of these Terms, please contact us.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Service available via our Service may include materials from third parties. Third-party links on our Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Service of third parties. Links do not imply we are authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is authorized to use any of our trademarks, logos or copyright symbols.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, TikTok, Pinterest and Instagram (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

SECTION 9 - COPYRIGHT INFRINGEMENT NOTICES

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

     (a) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;

     (b) The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;

     (c) Your name, mailing address, telephone number and email address;

     (d) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

     (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

     (f) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Send via email to hello@bakeupbeauty.com.

We will disable and/or terminate the accounts of users who, in our sole discretion, are deemed to be repeat infringers.

Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.

SECTION 10 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Sites or our Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 11 - OTHER POLICIES

These Terms apply exclusively to your access to, and use of, the Sites and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site (such as our Ratings and Review features) and to the purchase of certain merchandise or services and are included as part of these Terms.

Any sweepstakes, contests, coupons, rebates or other promotions made available through a Site will be governed by specific rules that are separate from these Terms. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

Additional Terms

SECTION 1 - NOTE TO NEW JERSEY CONSUMERS

If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Indemnification; and (d) under Disputes, Arbitration and Class Action Waiver the Delaware governing law provision (to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). 

SECTION 2 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service or our Sites will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Service or our Sites will be accurate or reliable.

You agree that from time to time we may remove our Service or our Sites for indefinite periods of time or cancel our Service or our Sites at any time, without notice to you. You expressly agree that your use of, or inability to use, our Service or our Sites is at your sole risk. The Service or our Sites and all products and Service or our Sites delivered to you through our Service or our Sites are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bakeup Beauty, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service or our Sites or any products procured using our Service or our Sites, or for any other claim related in any way to your use of our Service or our Sites or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Service or our Sites or any content (or product) posted, transmitted, or otherwise made available via our Service or our Sites, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 3 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bakeup Beauty and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 4 - SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 5 - CHILDREN

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by these Terms. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at onguardonline.gov. Please note that we do not endorse any of the products or services listed at such sites.

SECTION 6 - DISCLAIMER OF MENTAL HEALTH ADVICE AND OTHER HEALTH ADVICE

THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT MENTAL HEALTH AND WELLNESS OR INGREDIENT SAFETY THAT IS NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. THIS INFORMATION IS NOT INTENDED TO DIAGNOSE OR TREAT MENTAL ILLNESS OF ANY KIND. OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, USERS’ CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR USERS’ CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.

SECTION 7 - CONSENT TO COMMUNICATION

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

SECTION 8 - INTERNATIONAL USERS

Each Site is controlled, operated and administered by us (or our licensees or agents) from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

SECTION 9 - DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO BAKEUP BEAUTY, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

Pre-Dispute Resolution Process: Should you and Bakeup Beauty have a Dispute (as defined below), we both agree that each of us will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. Any relevant limitations period and filing fee or other deadlines will be tolled while you and Bakeup Beauty engage in the informal dispute resolution process.

For any Dispute with Bakeup Beauty, you must first send your name, address, telephone number, email address, and sufficient information for Bakeup Beauty to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought, along with the calculation you used (the “Notice”) to the following email address: [EMAIL ADDRESS]. You and Bakeup Beauty agree to negotiate in good faith to resolve the Dispute, including through an informal and individualized telephone or video settlement conference if requested by Bakeup Beauty. If either party to the Dispute is represented by counsel, that party's counsel may participate, but the party also must personally appear at and participate in the settlement conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within 60 days after Bakeup Beauty's receipt of the complete written description detailed above, you and Bakeup Beauty agree to the further dispute resolution provisions below. This time period will start to run upon Bakeup Beauty’s receipt of the Notice. If the sufficiency of the Notice or compliance with this pre-dispute resolution process is at issue, either party may elect to have this issue decided by a court, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.

Arbitration: You and Bakeup Beauty agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and Bakeup Beauty, or Bakeup Beauty's employees, agents, affiliates, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration, except that you or Bakeup Beauty may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court, provided that an action in small claims may only seek individualized relief and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If the limitations on a small claims court proceeding are deemed unenforceable for any reason, it shall be severed from this agreement and the parties may not elect to proceed in small claims court, and the Dispute shall be heard in arbitration. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. “Dispute” shall be interpreted broadly and shall also include all Disputes that arose before your agreement to these Terms, and which arise after the termination of these Terms. Notwithstanding the foregoing, issues related to the scope, validity, and/or enforceability of this arbitration agreement are for a court to decide.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND BAKEUP BEAUTY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION PROCEEDING. FURTHER, UNLESS BOTH YOU AND BAKEUP BEAUTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.

Arbitration shall be subject to the Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) as modified by this arbitration agreement. The JAMS Rules, including instructions for bringing arbitration, are available on its website at www.jamsadr.com/rules-streamlined-arbitration. If JAMS is unable or unwilling to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written and applying the selected arbitration organization's consumer rules. When initiating arbitration, you shall personally certify to Bakeup Beauty and to JAMS that you are a party to this arbitration agreement and provide a copy or link to it. You shall also personally certify that you have complied with the pre-dispute resolution process detailed above. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise.

Bakeup Beauty will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, and you have complied with the pre-dispute resolution process outlined above, Bakeup Beauty will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay their own attorneys' fees, costs, and arbitration fees unless the arbitrator finds, among other grounds, (1) that either the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (2) the claim(s) at issue permit the prevailing party to be reimbursed its fees and litigation costs, and in such instances, the fees and costs awarded shall be determined by the arbitrator consistent with applicable law and with the JAMS Rules. The arbitrator may consider whether a party had previously offered full relief to the other party or whether the proceeding is part of multiple case filings. The provisions of Federal Rule of Civil Procedure 68 shall be applied by the arbitrator. The arbitrator shall be bound by these Terms as any court would be. The arbitrator shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties. The arbitration may consider rulings in other arbitrations involving other claimants, but an arbitrator's ruling will not be binding in proceedings involving different claimants.

The arbitration may be conducted by telephone or video conference, based on written submissions, or in person at a mutually agreed-upon location convenient for you. If fifty or more claimants submit Notices raising similar claims and they are represented by the same or coordinated counsel, you understand and agree to the following provisions: (1) you agree that the adjudication of your Dispute may be delayed; (2) you agree that your counsel will negotiate in good faith with Bakeup Beauty to determine a reasonable staged bellwether process involving a subset of demands not to exceed fifty at a time, each of which shall be adjudicated on an individual basis; (3) only after each of the arbitrations that proceed are adjudicated or otherwise resolved shall the next set of staged proceedings commence; (4) your Dispute shall not be filed or considered properly filed in arbitration and filing fees shall not be due and owing until it is selected for inclusion in this continuously staged, reasonable bellwether process. This process shall continue until all the claimants' claims are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for your claim from the time of initiation with JAMS until the time your Dispute is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing of arbitration demands against Bakeup Beauty.

As referenced above, this dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of these Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending Dispute for which Bakeup Beauty has notice or pending arbitration proceeding.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BAKEUP BEAUTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

OPT-OUT OF AGREEMENT TO ARBITRATE: To opt out of arbitration, you must send a notice via U.S. Mail to Bakeup Beauty at 3104 E Camelback Rd # 973 Phoenix, AZ 85016-4502, or via email to [EMAIL ADDRESS], and you must provide the following information: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be received no later than thirty days after the date you first become subject to this arbitration agreement. If you opt out of this agreement to arbitrate, all other provisions of these Terms will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may have entered into with Bakeup Beauty or may enter into in the future with Bakeup Beauty.

SECTION 10 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on our Sites or in respect to our Service constitutes the entire agreement and understanding between you and us and governs your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 11 - GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the State of Delaware.

SECTION 12 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at hello@bakeupbeauty.com.

Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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