ipsy Terms of Use and Copyright Notice


Welcome to ipsy. 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 stylists.

The following constitutes the terms and conditions (the "Terms of Use") and Copyright Notice (the "Copyright Notice") governing your use of this site located at www.ipsy.com 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 ("ipsy" or "we" or "us").

We may change the Terms of Use and/or the Copyright Notice from time-to-time by posting such changes on the Site. We encourage you to periodically review these Terms of Use and the Copyright Notice for revisions. These Terms of Use and the Copyright Notice apply to anyone who visits or contributes to the ipsy Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AND COPYRIGHT NOTICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use and/or the Copyright Notice, you may not access or otherwise use the Site or the services provided via the Site. If you have any questions about the Terms of Use or the Copyright Notice, please contact us.


GENERAL IPSY TERMS OF USE

  1. Terms of Use
    By using this Site you are bound by ipsy's Terms of Use and Privacy Policy. To read our privacy policy click here: Privacy.
  2. Proprietary Rights
    Using the Site does not give you any rights in the content you access. ipsy owns all intellectual property rights in and to the content of its Site, except for content submitted to it by users. More specifically, as between you and us, other than content submitted to the Site by users, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data, and materials, the look and feel, design and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including, but not limited to,any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we do not own material contained on the Site, including material submitted to the Site by users (see Section 7 below), we have secured a license from the owner or licensor of such material granting us the right to display such content in the manner displayed on the Site. Your use of the Site does not grant to you ownership of any kind in any content, code, data, or materials you may access on or through the Site. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit ipsy's content without ipsy's prior written permission.
  3. 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.
  4. Prohibited Use
    Any commercial or promotional distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of ipsy or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or made available through the Site (this includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 5 below) or any other proprietary content or proprietary rights). Subject to, and without limiting the foregoing, ipsy will allow its users to personalize and/or customize the "I" in the ipsy logo exclusively for use on the Site. Any intellectual property rights resulting from personalization and/or customization of any of the ipsy Trademarks shall be exclusively owned by ipsy and is subject to the terms and conditions of these Terms of Use. By altering the ipsy logo, you do not retain or gain any ownership rights in or to the personalized and/or customized ipsy logo, and grant to ipsy a gratuitous, unrestricted, worldwide, irrevocable assignment of all rights, including in trademark, copyright, or otherwise, in and to any personalized and/or customized ipsy logo. If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use, including, without limitation, for violations of copyright, trademark, and other applicable laws.
  5. Trademarks
    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.
  6. User Information
    You may need an account with ipsy in order to access some of its products or services. In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personal information to us such as your name and email address ("User Information"). If you provide User Information to us, and/or you open an account with ipsy, you are required to furnish accurate information while creating such an account. You represent, warrant, acknowledge, and agree that you are solely responsible for the accuracy and content of the User Information you provide us. ipsy's Privacy Policy describes how we protect your privacy while you are on our Site. Our Privacy Policy,which is incorporated herein by reference for all purposes, explains what information, including User Information, that we collect, how we collect it, and how we use it. To read our Privacy Policy click here.
  7. 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.

    Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information from you through the Site, via our social media feed that may be incorporated into the Site, by email, or in any other way. Submitted Materials will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy.

    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.

    As set forth in Section 4 above, ipsy will allow its users to personalize and/or customize the "I" in the ipsy logo exclusively for use on the Site. Any intellectual property rights resulting from personalization and/or customization of any of the ipsy Trademarks shall be exclusively owned by ipsy and is subject to the terms and conditions of these Terms of Use. By altering the ipsy logo, you do not retain or gain any ownership rights in or to the personalized and/or customized ipsy logo, and grant to ipsy a gratuitous, unrestricted, worldwide, irrevocable assignment of all rights, including in trademark, copyright, or otherwise, in and to any personalized and/or customized ipsy logo.

    If you submit a photograph to the Site, you also agree to, represent, and warrant the following: (i) you have the rights necessary to authorize us to use the photograph as permitted by these Terms of Use; (ii) you authorize us to use the photograph as permitted by these Terms of Use; (iii) you have obtained the necessary permissions, if any, for us to use the photograph in accordance with the Terms of Use; and (iv) the photograph has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.

    You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these Terms of Use.

    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.
  8. 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.

    If ipsy has banned you from the Site, or any of the services on or available through the Site, for any reason, in its sole discretion, you may not return to the Site for any reason or in any manner. In the event that you do return, or attempt to return to the Site or a particular service offered by or through the Site after you have been banned, you will be deemed to have breached these Terms of Use, and ipsy reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.
  9. Right to Monitor
    ipsy reserves the right, but does not and shall not have an obligation, to monitor and/or to review all materials posted to the Site or through the Site's services or features by users, including Submitted Materials. ipsy is not responsible for any failure to monitor, review, and/or delete any materials posted to the Site or through the Site's services or features by users. However, ipsy reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request, and to edit, to refuse to post, or to remove any information or materials, in whole or in part, that, in ipsy's sole discretion, are in violation of these Terms of Use or applicable law.
  10. Termination
    ipsy may terminate, change, suspend, or discontinue any aspect of the Site or the Site's services (including, without limitation, content, features or hours of availability), at any time and for any reason. ipsy may restrict, suspend, or terminate your access to all or part of the Site and/or its services, or impose limits on certain features of the Site, if we believe you are in violation of our Terms of Use or applicable law, or for any other reason without notice, penalty or liability. Once you have been banned from use of the Site, you may not thereafter use the Site under a new username or identity. ipsy maintains a policy to terminate the Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of ipsy).
  11. 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.
  12. Indemnification
    By using the Site, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves in a court of law or otherwise, with respect to your engaging in any prohibited user conduct, as described herein, we may rely on your representations and warranties contained herein. By submitting or posting any User Information, photograph(s), and/or Submitted Materials, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves in a court of law or otherwise, with respect to any such User Information, photograph(s), and/or Submitted Materials, we may rely on your representations and warranties contained herein. To the extent permitted by law, you agree to defend, indemnify and hold harmless ipsy, its directors, officers, employees, suppliers, distributors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs,debt, and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms of Use, arising in any way from: (i) your use of and access to the Site; (ii)your submission of User Information, photograph(s), and/or Submitted Materials; (iii)your placement or transmission of any message, content, information, software or other materials on or through the Site; (iv) your breach or violation of the law or of these Terms of Use; (v) your violation of any third party right, including any copyright, intellectual property, or privacy rights; and/or (iv) any claim that your content caused damage to a third party. ipsy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ipsy's defense of such claim.
  13. 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.
  14. 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.
  15. Third Party Sites
    You may be able to link from the Site to third party sites that take you outside of our service, and third party sites may link to the Site ("Linked Sites"). For example, if you click on a banner advertisement or a search result, the click may take you off the Site, or you may click on a portion of the Site that brings you to a third-party Site, like Paypal®. This includes links from advertisers, sponsors, and content partners that may use our Trademarks as part of a co-branding relationship. You acknowledge and agree that ipsy has no responsibility for the information, content, products, services, advertising, code or other materials that may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you click on a link that leaves the Site, the site you will land on is not controlled by us and different Terms of Use, copyright notice procedures, and privacy policies may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. Also, ipsy is not responsible for any form of transmission received from any Linked Site.
  16. LIMITATION OF LIABILITY
    IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ipsy, ANY MEMBER OF ipsy, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER ARISING OR RESULTING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO: (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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SITE AND/OR THE SERVICES PROVIDED VIA THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ipsy FOR YOUR USE OF THE SITE, INCLUDING THE SERVICES PROVIDED VIA THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
  17. 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.
  18. Applicable Laws/Arbitration
    We control and operate the Site from our offices in San Mateo, California, United States of America. We do not represent that materials on the Site, and/or the services offered through the Site, are appropriate or available for use in other locations. You agree that the Site shall be deemed solely based in San Mateo, California, United States of America. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury. Instead, should a dispute, difference, or controversy arise between You and IPSY regarding these Terms of Use, any Terms of Use for any other IPSY program or offering, the Privacy Policy, and Copyright Notice (including the interpretation of any one or all of them), or related in any way to your access to, use of, or involvement in the Site, any other IPSY program or offering, and/or any Linked Site, and should the parties fail to amicably resolve such dispute, difference, or controversy, You and IPSY agree that it shall be settled by a bilateral arbitration between You and IPSY only, administered by the American Arbitration Association under its Commercial Arbitration Rules (not its International Dispute Resolution Rules, regardless of Your nationality or country of residence). In so agreeing to such an arbitration, You have agreed to waive any rights You may otherwise have related to such dispute, difference, or controversy to bring or participate in a class action or class arbitration related thereto. Such arbitration shall be held in San Francisco, California and be conducted in the English language by one (1) arbitrator who is appointed in accordance with the applicable rules above. Such arbitration shall have binding effect upon the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such dispute, difference, or controversy shall be governed by the laws of the State of California and the United States of America, without regard to their conflict of law provisions.
  19. Changes to Terms of Use
    ipsy reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.
  20. Miscellaneous
    No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term, and ipsy's failure to assert any right under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, together with our Copyright Notice and Privacy Policy, shall constitute the entire agreement between you and ipsy concerning use of the Site. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
  21. Miscellaneous
    No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term, and ipsy's failure to assert any right under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, together with our Copyright Notice and Privacy Policy, shall constitute the entire agreement between you and ipsy concerning use of the Site. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

IPSYPOINTS TERMS OF USE

  1. Terms of Use for ipsyPoints
    Being eligible for the ipsyPoints program entitles Subscribers and Waitlisters to take advantage of certain rewards ("Rewards") that may change from time-to-time and which may be made available for limited times, all as determined by IPSY in its sole, exclusive, and absolute discretion. By participating in the ipsyPoints program, you are agreeing to be bound by IPSY's Terms of Use, Privacy Policy, Copyright Notice, and these ipsyPoints Terms of Use, all of which are incorporated by this reference. These ipsyPoints Terms of Use apply to anyone who participates in the ipsyPoints program. BY USING THE SITE, PARTICIPATING IN THE IPSYPOINTS PROGRAM, EARNING IPSYPOINTS, AND REDEEMING IPSYPOINTS, YOU ACCEPT AND AGREE TO THESE IPSYPOINTS TERMS OF USE, AS PERIODICALLY MODIFIED. If you do not agree to these ipsyPoints Terms of Use you may not participate in the ipsyPoints program. If you have any questions about these ipsyPoints Terms of Use please contact us. The ipsyPoints program is located here: www.ipsy.com/ipsypoints.
  2. Eligibility ipsyPoints are only available to active Glam Bag Subscribers or Waitlisters. So, be sure to keep your subscription active. To participate in the ipsyPoints program you must be a legal resident of the fifty (50) United States or District of Columbia, or its Territories, OR Canada and its Territories, and be 13 years of age or older. To enroll in the ipsyPoints program you simply need to become a Subscriber or Waitlister. You can do that here: www.ipsy.com/subscribe.
  3. Earning ipsyPoints
    Opportunities for earning ipsyPoints will be announced from time-to-time through IPSY's Facebook® page located at www.facebook.com/ipsy and on different areas of the ipsyPoints tab on the IPSY website located at www.ipsy.com.
  4. Cancellation or Modification of ipsyPoints
    IPSY may, in its sole, exclusive, and absolute discretion, cancel, change, suspend, or modify any aspect of the ipsyPoints program, and/or any program Reward at any time, including the availability of any Reward, or the value of any Reward, without notice. You may not assign or transfer any Rewards.
  5. ipsyPoints Balance
    You can check your ipsyPoints balance in your Activity Log at any time.
  6. Expiration of ipsyPoints
    ipsyPoints will expire one year from the date they were first earned, even if you are an active Subscriber or Waitlister. If you do not redeem your ipsyPoints within this time frame, you will automatically forfeit all such ipsyPoints. Your Activity Log will show you the dates your ipsyPoints were earned.
  7. Redeeming ipsyPoints
    Redemption values will vary depending on the item. IPSY may, in its sole and absolute discretion, cancel, change, suspend, or modify the availability of any Reward, or the value of any Reward, without notice. ipsyPoints are redeemable towards purchases of full-size products solely on the IPSY Site. ipsyPoints have zero cash value, and are not redeemable for cash. To redeem your ipsyPoints, simply go into your Activity Log and view the Reward items available at that time. If you see something you like, and you have earned the required number of ipsyPoints, click the button that says ~“REDEEM THIS.” When you click this button, your ipsyPoints will be used and the item will be included in your next Glam Bag. However, please note that there may not be any Rewards available at a particular time. ipsyPoints are available for redemption for Reward products on the Site only while supplies last. Quantities may be limited. You will not be able to redeem your ipsyPoints until you have sufficient ipsyPoints for a particular Reward.
  8. Returns of Reward Products
    ipsyPoints have zero cash value. Any items received as a result of ipsyPoints redemption may not be returned. There will be no cash or credit refunds.
  9. Orders for Reward Products
    You may only order Reward products if, and you hereby represent and warrant that, you are 13 years old or older. Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and paying any associated tax liability.
  10. Cancellation of Your Subscription
    If you cancel your subscription, we will save your prior activity, including your ipsyPoints, for a period of 12 months. If you re-subscribe within that time period, your ipsyPoints will be intact, right there waiting for you. However, as noted in Paragraph 6, above, ipsyPoints will expire one year from the date they were first earned.
  11. Cancellation of ipsyPoints Program
    IPSY may, in its sole, exclusive, and absolute discretion, cancel, change, suspend, or modify any aspect of the ipsyPoints program, and/or any program Reward at any time, including the availability of any Reward, or the value of any Reward, without notice. IPSY may also restrict, suspend, or terminate your access to the ipsyPoints program, or impose limits on certain features of the program, if we believe you are in violation of our ipsyPoints Terms of Use or applicable law, or for any other reason without notice, penalty, or liability. Once you have been banned from the ipsyPoints program, you may not thereafter participate in the program under a new username or identity. Any decision to terminate or suspend the ipsyPoints program, or your participation in the ipsyPoints program is in IPSY's sole and absolute discretion, and all such decisions hall be final and binding in all respects.
  12. No Warranty
    IPSY makes no warranty in any respect as to any Rewards, merchandise, or service available in connection with the ipsyPoints program. You agree that your participation in the ipsyPoints program shall be at your own sole risk and IPSY has no liability for any loss caused to you due to any authorized activities or account with IPSY. Please see our Terms of Use for further details of IPSY's warranty disclaimer.
  13. Release
    By participating in the ipsyPoints program, to the extent permitted by law, you release IPSY, its parent, subsidiaries, affiliates, directors, officers, employees, suppliers, distributors, and agents, and their respective directors, officers, employees, attorneys, accountants, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury, and/or death, arising out of or in any way connected to the ipsyPoints program and/or the use of any Rewards.
  14. Indemnification
    By participating in the ipsyPoints program, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves in a court of law or otherwise, we may rely on your representations and warranties contained herein. To the extent permitted by law, you agree to defend, indemnify and hold harmless IPSY, its parent, subsidiaries, affiliates, directors, officers, employees, suppliers, distributors, and agents, and their respective directors, officers, employees, attorneys, accountants, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses, including reasonable attorneys' fees and other costs of enforcing these ipsyPoints Terms of Use, arising in any way from: (i) your use of and access to the Site; and/or (ii) your breach or violation of the law or of these ipsyPoints Terms of Use. IPSY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with IPSY's defense of such claim.
  15. Applicable Laws/Arbitration
    We control and operate the Site from our offices in San Mateo, California, United States of America. We do not represent that materials on the Site, and/or the products or services offered through the Site, including the ipsyPoints and the Rewards, are appropriate or available for use in other locations. You agree that the Site shall be deemed solely based in San Mateo, California, United States of America. Persons who choose to access the Site and/or participate in the ipsyPoints program from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. All parties to these ipsyPoints Terms of Use waive their respective rights to a trial by jury. Instead, should a dispute, difference, or controversy arise between You and IPSY regarding these ipsyPoints Terms of Use, the incorporated Terms of Use, the Privacy Policy, and Copyright Notice (including the interpretation of any one or all of them), or related in any way to your access to, use of, or involvement in the Site and/or the ipsyPoints program, and should the parties fail to amicably resolve such dispute, difference, or controversy, You and IPSY agree that it shall be settled by a bilateral arbitration between You and IPSY only, administered by the American Arbitration Association under its Commercial Arbitration Rules (not its International Dispute Resolution Rules, regardless of Your nationality or country of residence). In so agreeing to such an arbitration, You have agreed to waive any rights You may otherwise have related to such dispute, difference, or controversy to bring or participate in a class action or class arbitration related thereto. Such arbitration shall be held in San Francisco, California and be conducted in the English language by one (1) arbitrator who is appointed in accordance with the applicable rules above. Such arbitration shall have binding effect upon the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such dispute, difference, or controversy shall be governed by the laws of the State of California and the United States of America, without regard to their conflict of law provisions.
  16. Changes to ipsyPoints Terms of Use
    IPSY reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the ipsyPoints Terms of Use, in whole or in part, at any time. Changes in the ipsyPoints Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site, or your continued participation in the ipsyPoints program after any changes to the ipsyPoints Terms of Use are posted will be considered acceptance of those changes.
  17. Miscellaneous
    No waiver of any term of these ipsyPoints Terms of Use shall be deemed a further or continuing waiver of such term, and IPSY's failure to assert any right under these ipsyPoints Terms of Use shall not constitute a waiver of such right or provision. These ipsyPoints Terms of Use, together with our Terms of Use, Copyright Notice, and Privacy Policy, shall constitute the entire agreement between you and IPSY concerning use of the Site. If any provision of the ipsyPoints Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ipsyPoints Terms of Use remain in full force and effect.
  18. Questions
    If you have further questions about ipsyPoints, please see our Frequently Asked Questions at: http://help.ipsy.com/customer/portal/articles/1092825-what-is-the-ipsypoints- referral-program-

IPSYME TERMS OF USE

  1. What is ipsyMe?
    ipsyMe is a revolutionary new way of buying products directly on Facebook® and YouTube®. It's fun, interactive, and exciting! IPSY uncovers great beauty finds – amazing offers from brands we love – and makes them available exclusively to IPSY Glam Bag Subscribers and Waitlisters.
  2. Terms of Use for ipsyMe
    The ipsyMe program entitles Subscribers and Waitlisters to take advantage of certain limited products and offers ("Beauty Find(s)") that may change from time-to-time, and which may be made available for limited times, all as determined by IPSY in its sole, exclusive, and absolute discretion. By participating in the ipsyMe program, you are agreeing to be bound by IPSY's Terms of Use, Privacy Policy, Copyright Notice, and these ipsyMe Terms of Use, all of which are incorporated by this reference. These ipsyMe Terms of Use apply to anyone who participates in the ipsyMe program, regardless of whether you win a Beauty Find. BY USING THE SITE, AND PARTICIPATING IN THE IPSYME PROGRAM, YOU ACCEPT AND AGREE TO THESE IPSYME TERMS OF USE, AS PERIODICALLY MODIFIED. If you do not agree to these ipsyMe Terms of Use you may not participate in the ipsyMe program. If you have any questions about these ipsyMe Terms of Use please contact us.
  3. Eligibility
    ipsyMe Beauty Finds are only available to ipsy.com members who (1) have an unexpired credit card and updated shipping information on file with IPSY; (2) have connected to IPSY on Facebook® (i.e., your Facebook® account is linked to IPSY's Facebook® account) for Beauty Finds offered on Facebook®, or connected to IPSY on Google+™ for Beauty Finds offered on YouTube®; (3) are a legal resident of the 50 United States or District of Columbia, Guam, Puerto Rico, or the US Virgin Islands; and (4) are 13 years of age or older, and you hereby represent and warrant that you are 13 years old or older. At times, we may also have opportunities for ipsy.com members who are a legal resident of Canada and its territories.
  4. Where to find Beauty Finds
    Opportunities for "winning" a Beauty Find will be announced from time-to-time through IPSY's Facebook® page located at http://www.facebook.com/ipsy, IPSY's YouTube® page located at http://www.youtube.com/user/ipsydotcom, within IPSY's Stylist's YouTube videos, or on the IPSY website ("Site"), located at http://www.ipsy.com.
  5. "Winning" a Beauty Find
    IPSY will post a photo, article, or video (see Paragraph 4 above) that will include a picture, description, and the price of the Beauty Find, and will provide a "Code Word." When you see the Code Word, you must type in "ipsyMe," followed by a space, and then type the Code Word in the "comments" section of the post or video. For example, if the Code Word were "LIPSTICK99" you would type the following in the comments section to the post or video:

    ipsyMe LIPSTICK99

    IPSY's system is automated to ensure accuracy, and therefore spelling is important! However, lowercase or capital letters, or a combination, may be used.

    Until the Beauty Find sells out, Subscribers or Waitlisters who meet the eligibility requirements set forth in Paragraph 3 above, and correctly type in the Code Word in the comments section, will "win" that Beauty Find.

    ipsyMe Beauty Finds are available for purchase only while supplies last, on a first-come, first served basis. Quantities will be very limited. Limit one (1) of each particular Beauty Find per person. IPSY may, in its sole and absolute discretion, cancel, change, suspend, or modify the availability of any Beauty Find without notice.
  6. Receiving Your Beauty Find
    If you are one of the Subscribers or Waitlisters who "wins" a particular Beauty Find, you will receive an email from IPSY confirming all of the details of your order. Orders that are not cancelled (see Paragraph 8) will be shipped to the address on file in your IPSY account by Standard Ground Shipping. Some Beauty Finds may qualify for discounted or free shipping; all such Beauty Finds will be clearly labeled.
  7. Tax on Beauty Finds
    IPSY collects tax for those Beauty Find orders that are shipped to California (CA), New York (NY), North Carolina (NC), and any other jurisdictions where it is required by law and/or IPSY has an office, distribution center, or other business facility. The sales tax is automatically calculated based on the shipping address on file with IPSY, and may vary by zip code within a given state.
  8. Cancellation of Beauty Find Order
    You can cancel your Beauty Find order at no cost within six (6) hours of receiving the confirmation email from IPSY as set forth in Paragraph 6. However, after six hours, IPSY will charge the credit card you have on file for your IPSY account, including shipping costs, and ship your order to the address IPSY has on file for your Glam Bag subscription.
  9. Returns of Beauty Finds
    If you are not entirely happy with your Beauty Find, IPSY offers 100% free returns within 30 days of your Beauty Find purchase. All Beauty Finds to be returned must be returned to IPSY in new and sellable condition, and in their original packaging. Refunds for the purchase price of the Beauty Finds will be issued back to the original credit card on file with IPSY, and may take 7-10 business days to process. Return shipping and handling fees are free when you contact ipsyCare and use the return label that we provide. We are unable to refund original shipping charges, unless the return is the result of an error on our part. Because of the limited quantities of Beauty Finds, there are no exchanges of Beauty Finds.
  10. Cancellation or Modification of ipsyMe
    IPSY may, in its sole, exclusive, and absolute discretion, cancel, change, suspend, or modify any aspect of the ipsyMe program, including the availability of any Beauty Find, without notice. IPSY may also restrict, suspend, or terminate your access to the ipsyMe program, or impose limits on certain features of the program, if we believe you are in violation of our ipsyMe Terms of Use or applicable law, or for any other reason without notice, penalty, or liability. Once you have been banned from the ipsyMe program, you may not thereafter participate in the program under a new username or identity. Any decision to terminate or suspend the ipsyMe program, or your participation in the ipsyMe program is in IPSY's sole, exclusive, and absolute discretion, and all such decisions shall be final and binding in all respects.
  11. No Warranty
    IPSY makes no warranty in any respect as to any Beauty Find, merchandise, or service available in connection with the ipsyMe program and specifically disclaims all warranties, express or implied, including the warranty of merchantability and fitness for particular purpose, as further set forth in the Terms of Use at http://www.ipsy.com/account/main?id=terms_of_use. You agree that your participation in the ipsyMe program shall be at your own sole risk and IPSY has no liability for any loss caused to you due to any authorized activities or account with IPSY. Please see our Terms of Use at http://www.ipsy.com/account/main?id=terms_of_use for further details of IPSY's warranty disclaimer.
  12. Release
    By participating in the ipsyMe program, to the extent permitted by law, you release IPSY, its parent, subsidiaries, affiliates, directors, officers, employees, suppliers, distributors, and agents, and their respective directors, officers, employees, attorneys, accountants, and agents (collectively, "Released Parties") from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury, and/or death, arising out of or in any way connected to the ipsyMe program and/or the use of any Beauty Find.
  13. Indemnification
    By participating in the ipsyMe program, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves in a court of law or otherwise, we may rely on your representations and warranties contained herein. To the extent permitted by law, you agree to defend, indemnify, and hold harmless IPSY, its parent, subsidiaries, affiliates, directors, officers, employees, suppliers, distributors, and agents, and their respective directors, officers, employees, attorneys, accountants, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses, including reasonable attorneys' fees and other costs of enforcing these ipsyMe Terms of Use, arising in any way from: (i) your use of and access to or use of the Site, Facebook®, YouTube®, or Google+™; and/or (ii) your breach or violation of the law, of these ipsyMe Terms of Use at http://www.ipsy.com/account/main?id=terms_of_use or IPSY's Privacy Policy at http://www.ipsy.com/account/main?id=privacy_policy, or any terms of use or privacy policy of Facebook®, YouTube®, or Google+™. IPSY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with IPSY's defense of such claim.
  14. Applicable Laws/Arbitration
    We control and operate the Site from our offices in San Mateo, California, United States of America. We do not represent that materials on the Site, and/or the products or services offered through the Site, including the Beauty Finds, are appropriate or available for use in other locations. You agree that the Site shall be deemed solely based in San Mateo, California, United States of America. Persons who choose to access the Site, participate in the ipsyMe program, and/or purchase BeautyFinds from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. All parties to these ipsyMe Terms of Use waive their respective rights to a trial by jury. Instead, should a dispute, difference, or controversy arise between You and IPSY regarding these ipsyMe Terms of Use, the incorporated Terms of Use, the Privacy Policy, and Copyright Notice (including the interpretation of any one or all of them), or related in any way to your access to, use of, or involvement in the Site, the ipsyMe program, BeautyFinds, and/or Facebook®, YouTube®, or Google+™, and should the parties fail to amicably resolve such dispute, difference, or controversy, You and IPSY agree that it shall be settled by a bilateral arbitration between You and IPSY only, administered by the American Arbitration Association under its Commercial Arbitration Rules (not its International Dispute Resolution Rules, regardless of Your nationality or country of residence). In so agreeing to such an arbitration, You have agreed to waive any rights You may otherwise have related to such dispute, difference, or controversy to bring or participate in a class action or class arbitration related thereto. Such arbitration shall be held in San Francisco, California and be conducted in the English language by one (1) arbitrator who is appointed in accordance with the applicable rules above. Such arbitration shall have binding effect upon the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such dispute, difference, or controversy shall be governed by the laws of the State of California and the United States of America, without regard to their conflict of law provisions.
  15. Changes to ipsyMe Terms of Use
    IPSY reserves the right, at its sole, absolute, and exclusive discretion, to change, modify, add, or remove any portion of the ipsyMe Terms of Use, in whole or in part, at any time. Changes in the ipsyMe Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site, or your continued participation in the ipsyMe program after any changes to the ipsyMe Terms of Use are posted will be considered acceptance of those changes.
  16. Miscellaneous
    No waiver of any term of these ipsyMe Terms of Use shall be deemed a further or continuing waiver of such term, and IPSY's failure to assert any right under these ipsyMe Terms of Use shall not constitute a waiver of such right or provision. These ipsyMe Terms of Use, together with our Terms of Use, Copyright Notice, and Privacy Policy, shall constitute the entire agreement between you and IPSY concerning use of the Site and your participation in the ipsyMe program. If any provision of these ipsyMe Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ipsyMe Terms of Use remain in full force and effect.
  17. Questions
    If you have further questions about ipsyMe, please see our Frequently Asked Questions at: http://help.ipsy.com/customer/portal/articles/1004911-what-is-ipsyme-and-how-does-it-work-

COPYRIGHT NOTICE

ipsy 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"):
  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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:
Ria Muljadi
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:
  1. Either a physical or electronic signature of the submitter.
  2. 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.
  3. 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.
  4. 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.