Welcome to ipsy
provides a creative social networking service that allows you to share your personal beauty ideas and products with others, and gives you the opportunity to get beauty tips directly from ipsy's
and any services and/or content made available from or through this site, including any subdomains thereof (hereinafter, the "Site"). The Site is made available by ipsy
, who is owned by Personalized Beauty Discovery, Inc.
, and is located at 11 N. Ellsworth Ave., San Mateo, California 94401, United States of America
" or "we" or "us").
- Proprietary Rights
- Limited License
You may access and view the content on the Site, and make single copies or prints of the content on the Site, at your own risk and for your personal, non-commercial, and internal use only. Use of the Site and the products and services offered by the Site, are only for your personal, non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, harassing, or intimidating, or harms us or any other person or entity, as determined in our sole discretion.
- Prohibited Use
The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third party rights holder.
- User Information
- Submission of Content to the Site
You may submit content to ipsy, subject to the terms set forth herein.
Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (including, for example and without limitation, content that you submit or post to any message boards, review/ratings boards, and/or our blogs, or send to us via email) (collectively, "Submitted Materials") submitted to us and/or the Site must be owned by the submitter or you must have the copyright owner's written permission to use it.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way; and, you (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, or that you have the copyright owner's written permission to use any Submitted Materials.
You retain ownership of any intellectual property rights you have in your own Submitted Materials, but, by uploading Submitted Materials to the Site, you are giving ipsy the right to use the materials in any form that it may desire. By uploading Submitted Materials to the Site, you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, host, store, copy, reproduce, modify, adapt, print, publish, translate, create derivative works or new works such as translations from, distribute, publish, publicly perform, display, and distribute such content (in whole or part), and/or to incorporate the content in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and to authorize others to do so.
ipsy will not accept responsibility for any information included in any Submitted Materials created, transmitted, or posted by users (for example, without limitation, websites, tweets, blog posts, or any comments to blog posts created or posted by users). Such content is the sole responsibility of the individual or entity that makes it available on the Site. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk. You don't have any claims against ipsy for any Submitted Materials. We also cannot be responsible for maintaining any Submitted Materials that you provide to us. We may delete or destroy any Submitted Materials at any time, in our sole discretion.
ipsy will take down all content that violates another's rights, including their copyrights, pursuant to the provisions of our Copyright Notice. Repeat infringers will have their accounts terminated.
ipsy assumes no responsibility for intellectual property infringement of Submitted Materials by third parties.
- Prohibited User Conduct
You may not submit any content to the Site that is false, defamatory, objectionable or otherwise illegal. You warrant and agree that, while using the Site and the services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from ipsy, or www.ipsy.com, or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding, or other promotional content into any of the Site's content or materials, or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; or (d) use the Site or the services offered via the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or any other person or entity, as determined in our sole discretion.
- Right to Monitor
- Linking to the Site
You agree that if you include a link from any other site to the Site, such link shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our services via the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link from any other site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Site from any other site at any time upon written notice to you.
- Orders for Products and Services
We may make certain products and/or services available to visitors and registrants of the Site. Our Site is only intended for use by people in the United States. We do not accept orders from individuals outside of the United States. You may not use the Site if you are under the age of 13 without parental/guardian consent, and hereby represent and warrant that you are not under the age of 13 or that you have parental/guardian consent. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card/PayPal® concurrent with your online order, or by other payment means acceptable to ipsy. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, or PayPal®, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.
- Subscription Plan
Users may participate in ipsy without incurring any costs or fees. However, users are given the option of subscribing to the ipsy service. You may only subscribe to the ipsy subscription plan if, and you hereby represent and warrant that, you are 18 years old or older. The monthly subscription plan is offered for Ten Dollars ($10.00) per month; the yearly subscription plan is offered at the discounted rate of One Hundred and Ten Dollars ($110.00) per year.
By subscribing to the monthly ipsy subscription plan, you are agreeing to a recurring Ten Dollar ($10.00) monthly subscription fee. Once you subscribe, ipsy will process your Ten Dollar ($10.00) monthly subscription fee, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the yearly ipsy subscription plan, you are agreeing to a recurring One Hundred and Ten Dollar ($110.00) annual subscription fee. Once you subscribe, ipsy will process your One Hundred and Ten Dollar ($110.00) annual subscription fee, until your subscription is cancelled, without further notice to you or authorization from you.
Your ipsy subscription, including the monthly or annual fee, will be automatically extended for successive renewal periods of the same duration as the initial subscription term.
There is no minimum subscription term and you can cancel your subscription at any time by logging in to your ipsy account. You will not be charged for cancellation. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you are not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You can re-subscribe at any time following your cancellation.
- Third Party Sites
- LIMITATION OF LIABILITY
- WARRANTY DISCLAIMER
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, CONTENT, OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ipsy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE'S FEATURES, SERVICES, AND YOUR USE OF THE SAME.
ipsy MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO ipsy AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (i) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, LINKED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROTECTED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS RELATED THERETO; (v) YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (vi) ANY BUGS, SPYWARE, VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR ANY OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN SOLE RISK AND ipsy HAS NO LIABILITY FOR ANY LOSS CAUSED TO YOU DUE TO ANY AUTHORIZED ACCOUNT WITH ipsy.
ipsy ASSUMES NO RESPONSIBILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTIES OF ANY USER INFORMATION, USER PHOTOGRAPHS AND/OR SUBMITTED MATERIALS.
ipsy DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED FEATURES, AND ipsy 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.
ipsy HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ipsy OR ITS AGENTS.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH ipsy. ipsy HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.
- Applicable Laws
respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a written communication that includes the following requirements pursuant to 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act ("DMCA"):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at the ipsy Site are covered by a single notification, a representative list of such works at the Site.
- 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 ipsy to locate the material. Providing URLs is the best way to help ipsy to quickly locate the offending content.
- Information reasonably sufficient to permit ipsy to contact you, such as an address, telephone number, and if available an email address at which you may be contacted.
- 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.
- 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.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ipsy
will also terminate a user's account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Personalized Beauty Discovery, Inc.
11 N. Ellsworth Ave.
San Mateo, CA 94401
United States of America
Please note that any person who knowingly materially misreprents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA.
If, pursuant to the receipt of a copyright notice as set forth above, or otherwise, we remove or disable access to content, and you feel that the removal or disabled access was in error, you may send us a counter-notice. If you elect to send us a counter-notice, you must provide a written communication to ipsy's
designated agent (see above) that includes substantially the following:
- Either a physical or electronic signature of the submitter.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement, under penalty of perjury, that the submitter has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The submitter's name, address and telephone number and a statement that the submitter consents to the jurisdiction of the Federal Court, Northern District of California, and that the submitter will accept service of process from the person who provided the notice under the DMCA of alleged infringement, or an agent of that person.