From time to time we may update this Site and these Terms. Your use of this Site after we post any
changes to these Terms constitutes your agreement to those changes. You agree to review these Terms
periodically to ensure that you are familiar with the most recent version. Bare Escentuals may, in its sole
discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent
your use of this Site with or without notice to you. Bare Escentuals may discontinue or terminate your ability to access the
Site or any content you may have posted on the Site at any time.
Bare Escentuals Content
Content on this Site that is provided by Bare Escentuals, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Bare Escentuals Content") is the property of Bare Escentuals, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Bare Escentuals Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Bare Escentuals, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Bare Escentuals, that dilutes the strength of Bare Escentuals’ property, or that otherwise infringes Bare Escentuals’ intellectual property rights. You further agree to in no other way misuse any Bare Escentuals Content or User Content that appears on this Site.
Use of the Site
- You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use the Site for any commercial purpose. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit your name, photos, tips, advice, testimonials, essays/stories and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Bare Escentuals; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Bare Escentuals, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us (if any), or other access to the Site or features therein. Bare Escentuals may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if Bare Escentuals deems that you have violated these Terms, the law, or for any other reason. Bare Escentuals reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Bare Escentuals a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
By posting on the Bare Escentuals Facebook page, you acknowledge that when you post others users may share your posts, including images, through various social media platforms.
You agree to indemnify and hold Bare Escentuals, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Bare Escentuals or this Site.
THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM USE OF THE WEBSITE AND/OR ITS CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD .
You acknowledge and agree that Bare Escentuals will not have any obligation to review, monitor, display, accept or exploit any User Content and Bare Escentuals may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. To the fullest extent of the law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
BARE ESCENTUALS DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), ECONOMIC INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM THE USE OF USER CONTENT PROVIDED THROUGH THIS SITE. THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITE AND/OR ITS CONTENT, AND DOES NOT APPLY TO PERSON INJURY OR ANY INJURY CAUSED BY FRAUD.
Bare Escentuals makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Bare Escentuals makes no representations regarding the amount of time that any Bare Escentuals Content or User Content will be preserved.
Bare Escentuals does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Bare Escentuals without the prior review and written approval of Bare Escentuals.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR
UNDER NO CIRCUMSTANCES, SHALL BARE
ESCENTUALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE,
NOR SHALL BARE ESCENTUALS BE RESPONSIBLE FOR ANY ECONOMIC DAMAGES THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR
NOT CAUSED BY EVENTS BEYOND BARE ESCENTUALS’ REASONABLE CONTROL. BARE ESCENTUALS,
ITS AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR ANY ECONOMIC DAMAGE OF ANY KIND THAT RESULTS FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF BARE ESCENTUALS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A
RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM USE OF THE WEBSITE AND/OR ITS CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.
If you are a trademark or copyright owner and you believe that your copyright or trademark rights have been violated by content posted on this Site, please contact Bare Escentuals’ agent for notice of claims of copyright infringement, who can be reached at firstname.lastname@example.org. You must provide our agent with the following information:
Please read our Terms and Conditions for more information about our FAB Friends and Benefits Relationship Program.
Agreement to arbitrate disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Bare Escentuals must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Bare Escentuals will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Bare Escentuals will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York county, or any other location we mutually agree to, subject to New York law. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Bare Escentuals in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BARE ESCENTUALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
CHOICE OF LAW/FORUM SELECTION.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.
Both you and Bare Escentuals acknowledge and agree that no partnership is formed and neither of you nor Bare Escentuals has the power or the authority to obligate or bind the other.
No Breach of Terms
The failure of Bare Escentuals to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Bare Escentuals, shall not be deemed a breach of these Terms.No Waiver
If Bare Escentuals fails to act with respect to your breach or anyone else's breach on any occasion, Bare Escentuals is not waiving its right to act with respect to future or similar breaches.Severability
These Terms constitute a binding agreement between you and Bare Escentuals, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Bare Escentuals regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.