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Terms of Use

Welcome to www.bareescentuals.com.  Your use of the web sites on which these terms reside (the "Site"), and the features at this Site are subject to these Terms of Use, which we may update from time to time.  Please read these Terms of Use carefully before using this Site.  The Site is owned or controlled by Bare Escentuals Beauty, Inc. ("Bare Escentuals").  This Site is intended for and applicable only for residents of the United States.  If you are from another jurisdiction, you should not use this Site.  By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Bare Escentuals, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the "Terms"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law.

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.  You agree that you do not have any rights in this Site and that Bare Escentuals will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

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

The following requirements apply to your use 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 assumes no liability for any information removed from our Site, and 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.

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 or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by 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 OR LIABILITY 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), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS SITE.

Representations, and Limitations of Liability

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 SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BARE ESCENTUALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL BARE ESCENTUALS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER 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, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BARE ESCENTUALS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY 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.

Reporting Violations of Your Copyrights and other Intellectual Property

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 legal@bareescentuals.com.  You must provide our agent with the following information:
            a.       a specific description of the material that you believe infringes your work, with enough                        detail so that we may locate it on the Site;
            b.       your address, telephone number and email address;
            c.       a statement that you have a good faith belief that the disputed use is not authorized by                       the copyright owner, its agent, or the law;
            d.       a statement that (i) the information you have provided to us is accurate, and (ii) you are                       the owner of the copyright interest involved or you are authorized to act on behalf of                            that owner; and
            e.       your physical or electronic signature.

Upon receiving your complaint, Bare Escentuals may remove the content that you allege is infringing your rights.

Third Party Websites

This Site may hyperlink to sites not maintained by or related to Bare Escentuals. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Bare Escentuals, and Bare Escentuals makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Bare Escentuals has no control over how your information is collected, used, or otherwise handled.

FAB Friends and Benefits Relationship Program

Please read our Terms and Conditions for more information about our FAB Friends and Benefits Relationship Program.

Miscellaneous

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.

These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles.  By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in the San Francisco, California.  These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

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.

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.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

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.