TERMS AND CONDITIONS OF USE.
These are the terms and conditions under which you may use any of the MicroArt Makeup (“MicroArt”) website and we set out our agreement (“Agreement”) for the use of our website with you “User.”
1. Your Acceptance
2. MicroArt Website
3. Website Access
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MicroArt immediately of any breach of security or unauthorized use of your account. Although MicroArt will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MicroArt or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the MicroArt servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MicroArt grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MicroArt reserves the right to revoke these exceptions either generally or in specific cases.
4. Intellectual Property Rights
The content on the MicroArt Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MicroArt, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MicroArt reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MicroArt Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MicroArt Website or the Content therein.
5. User Submissions
A. The MicroArt Website may now or in the future permit the submission of videos, graphics, artwork, purchase orders, ideas, suggestions, contest or sweepstakes entries, the use of internet chat rooms, blogs, comment streams, or other communications submitted by you and other users (“User Submissions”) and you grant MicroArt the right to use any information contained in such submission for its commercial purposes. Any such User Submissions are not confidential, and\ MicroArt shall be entitled to reproduce, use, distribute or otherwise use and disclose any submissions made to it for any purpose, without compensation.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MicroArt all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MicroArt or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post junk mail, chain letters, spam or any other mass email or or solicitations of business: (v) impersonate another person or falsely state or otherwise misrepresent an affiliation with any person or entity. You further agree not to: (i) share usernames, passwords or other access credentials that allow access to personal information or protected areas of the MicroArt Website; (ii) engage in or facilitate spamming; (iii) omit, delete, forge or otherwise misrepresent accurate transmission information, including headers, return mailing or internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content or person; or (iv) post, transmit or disclose any information that contains personally identifying information of a minor child.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MicroArt’s designated Copyright Agent to receive notifications of claimed infringement is: Tanya York, email: tanya@MicroArt.com, telephone: 888-943-8880, fax: 818-647-6677. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MicroArt customer service through http://www.MicroArtmakeup.com/contact.php. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the MicroArt Website, you will be exposed to User Submissions from a variety of sources, and that MicroArt is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MicroArt with respect thereto, and agree to indemnify and hold MicroArt, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. MicroArt permits you to link to materials on the Website for personal, non-commercial purposes only. MicroArt reserves the right to discontinue any aspect of the MicroArt Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MICROART WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MICROART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MICROART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MICROART WEBSITE. MICROART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MICROART WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MICROART WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL MICROART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, or LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MICROART WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MICROART SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MicroArt from its facilities in the United States of America. MicroArt makes no representations that the MicroArt Website is appropriate or available for use in other locations. Those who access or use the MicroArt Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
© 2017 MicroArt Makeup
USER AGREEMENT TO AGREE WHEN CONTACTING VENDORS
User understands and acknowledges that MicroArt is not liable for any dispute, claim, controversy, or lawsuit that Vendor and User may have against each other arising from the use of this Website and Service. While User understands and acknowledges that while there is no charge or fee to User for the use of this Service, Vendors may pay a fee to MicroArt in order to use this Service to solicit business from User. User agrees that MicroArt is not responsible for any harm that this Service may cause. User unconditionally and absolutely agrees to indemnify and hold MicroArt fully harmless from any and all liability arising from or in connection with the contents or use of the Service. User further agrees that the defense and indemnity shall include attorney’s fees and costs. MicroArt does not guarantee that User will find a Vendor through this system. MicroArt does not involve itself in any agreement between User and Vendor. We do not guarantee the completion of any agreement between User and Vendor. User is solely responsible for assessing the integrity, honesty, experience, capability, and reliability of any Vendor with whom User communicates through this Website.