Privacy Policy and Disclaimer for Makeup Success

Copyright

In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction or redistribution of the elements that make up the Makeup Success web site and or all other Makeup Success Sites, in whole or in part, is strictly prohibited.

Trademarks

Makeup Success is a registered trademark of Makeup Success and licensed to Makeup Success, Inc.

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders and or owners. The pictures of people used on the Makeup Success Website are models and their pictures have been used for illustrative purposes only. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by the model. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Makeup Success, Inc, or any third party, except as expressly granted herein.

Privacy Policy

General

Makeup Success, Inc and its affiliated companies ("the Makeup Success Group") respects the privacy of every individual who visits this Web site, www.MakeupSuccess.com (the "Site"), and all other Web sites owned, operated or maintained directly or indirectly by the Makeup Success Group, including, without limitation, Makeup Success.com, Makeup Success.com and Makeup Success cosmetic.com (the "Makeup Success Sites"). For the purpose of this Privacy Policy and the Terms and Conditions the Makeup Success Group, shall hereafter be referred to as “Makeup Success”. Makeup Success has created this statement (the "Privacy Policy") to inform you of Makeup Success privacy practices and the terms and conditions under which data that we collect from you on the Makeup Success Sites will be used, shared and otherwise treated. This privacy policy was last updated on February 15, 2007.

While Makeup Success has endeavored to ensure the accuracy of the information accessed via the website, Makeup Success does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website, and declines all responsibility for technical inaccuracies or other errors. Makeup Success declines all responsibility for any difficulties encountered in accessing the site or for any communication line failure.

Purpose

Makeup Success has adopted this Privacy Statement in order to inform you of its policies with respect to information collected from this website. Your use of this website constitutes your acceptance of this Privacy Statement and your consent to the practices it describes.

Information Collected on MakeupSuccess.com

Automatic Collection of Anonymous Information

When you visit the Site, like when you visit most other websites, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet (such as "aol.com" or "earthlink.net"), the date and time you access the site, the pages you access while at the Makeup Success website, and the internet address of the website, if any, from which you linked directly to the Makeup Success site. This information is not personally identifiable.

Personally Identifiable Information

Personally Identifiable Information (“PII”) is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone/fax number, social security number, email address or any information you submitted to Makeup Success.com that identifies you individually.

Makeup Success will not collect any personally identifiable information about you unless you provide it. Therefore, if you do not want Makeup Success to obtain any personally identifiable information about you, do not submit it.

You can visit and browse the Makeup Success website without revealing personally identifiable information about yourself. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. Makeup Success may collect personally identifiable information about you from its website by methods such as the following:

• Registration Forms - If you are offered the opportunity to enter a promotion, to become a registered user of the Makeup Success website, or to opt-in to receive Makeup Success information through another site, you must apply by filling out the registration form on the site. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, product usage, and/or a unique individual password.

• Transactions and Activity - If you become a registered user or if you conduct transactions through the Makeup Success website, Makeup Success collects information about the transactions you engage in while on the website and your other activity on the site. This information may include, without limitation, areas of the website that you visit, transaction type, content that you view, download or submit, transaction amount, payment, shipping and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.

• Email and other voluntary communications - You may also choose to communicate with Makeup Success through email, via our website, by telephone, in writing, or though other means. We collect the information in these communications, and such information may be personally identifiable.

• Public Forums - From time to time you may be able to participate in certain activities on the Makeup Success website, such as chat rooms or bulletin boards, which will allow you the opportunity to communicate with Makeup Success or other users of Makeup Success. Unless otherwise noted, these activities are generally accessible to all users of the Makeup Success website and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums. You acknowledge and agree that Makeup Success does not review, censor, or in any manner control the content of these forums and consequently Makeup Success has no liability or responsibility whatsoever for information made available through these forums and that you will be liable to Makeup Success for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to Makeup Success Terms and Conditions of Use.

Information Use

Makeup Success may use the personally identifiable information collected through its website primarily for such purposes as:

• helping to establish and verify the identity of users;

• opening, maintaining, administering and servicing users' accounts or memberships;

• processing, servicing or enforcing transactions and sending related communications;

• providing services and support to users;

• improving the website, including tailoring it to users' preferences;

• providing users with product or service updates, promotional notices and offers, and other information about Makeup Success and its affiliates;

• responding to your questions inquiries, comments and instructions;

• maintaining the security and integrity of its systems. Makeup Success uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its website. Makeup Success may also use aggregated anonymous information to provide information about its website to advertisers, potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.

Disclosure of Information

Makeup Success does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. Makeup Success may use unaffiliated companies to help it maintain and operate its website or for other reasons related to the operation of its business, and those companies may receive your personally identifiable information for that purpose. Makeup Success may also disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law. Finally, as Makeup Success business develops, it may sell or buy corporate assets, and in such transactions customer information may be one of the transferred business assets. If Makeup Success, its internet businesses, or substantially all of its assets, is acquired, customer information may be one of the assets transferred.

Children's Privacy

Makeup Success is concerned about the safety of children when they use the Internet. However, this website is directed toward, targeted and designed for use by persons aged 13 or older.

Consistent with the Federal Children's On-line Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.

Makeup Success will not approve applications of, or establish or maintain accounts or memberships for, any child whom Makeup Success knows to be under the age of 13. Makeup Success does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Makeup Success nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Makeup Success otherwise has reason to believe is, under the age of 13, Makeup Success will use commercially reasonable efforts to delete such information from its systems. We strongly encourage parents to monitor their children’s use of the Web and we will use our reasonable efforts to delete personally identifiable information that we have received from your under age 13 child from the Makeup Success website.

Additionally, a child's parent or legal guardian may request that the child's information be corrected or deleted from Makeup Success's files by contacting us at webmaster@Makeup Success.com.

"Cookies" and Advertisers

The Makeup Success website's server, or the servers of companies that are used to operate this site, may place a "cookie" on your computer in order to allow you to use the website and to personalize your experience.

A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow Makeup Success to recognize your computer while you are on its website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.

The advertisers and/or other content providers that may appear on this website may also use cookies that are not sent by the Makeup Success website. Such ads or content may contain cookies that help track and target the interests of users of this website in order to present "personalized" advertisements or other messages that the user might find interesting. Makeup Success is not responsible for any such cookies.

Most web browser applications (such as Microsoft Internet Explorer and Netscape Navigator) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.

External Links

The Makeup Success website may contain links to other websites, including those of advertisers or third party content providers who offer downloads on Makeup Successcosmetics.com. Please be aware that Makeup Success is not responsible for the privacy practices or the content of other websites. Websites that are accessible by hyperlinks from the Makeup Success website may use cookies [link to "Cookies" section]. Makeup Success encourages you to read the privacy statements provided by other websites before you provide personally identifiable information to them.

Security

Makeup Success maintains through its Internet Service Provider (“ISP”) for the hosting of this Web site, physical, electronic, and procedural safeguards to help guard personally identifiable information. If transactions are offered on the site, transaction information is transmitted to and from Makeup Success.com in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. Makeup Success restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected against unauthorized interception.

Choice/Opt-Out

In order to provide service to you, Makeup Success may send you communications related to your transactions, security or the administration of its website. From time to time, Makeup Success and its affiliates may also wish to send you other messages or updates about Makeup Successcosmetics.com, its affiliates, or their promotions and other activities. If you (i) do not want to receive information about Makeup Success, (ii) do not wish to receive non-transaction/security related communications from Makeup Success and its affiliates, (iii) want Makeup Success to delete any of your PII that you have submitted to the Makeup Success website, please send an email containing your request to webmaster@Makeup Success.com or contact us via one of the methods described on our Contact Us page.

Because information submitted in connection with employment inquiries is used only in the application process and not for marketing purposes, the procedures outlined in this section are not available with respect to such information

Please note that once we receive your request, it may take up to 6-8 weeks to become effective (during which time we will continue to use your PII as outlined in this Privacy Policy). In addition, if you ask us to remove your PII from our database, we may, however, maintain your name of other PII in a "do not mail" file to help us ensure that we can honor your request. Also, if you do not want Makeup Success to share your PII with third parties, or transfer, assign, sell, dispose of or encumber your PII, you must inform us that you also want your PII deleted from our databases. Otherwise, we will continue to use your PII as outlined in this Privacy Policy.

Data Quality/Access

Makeup Success allows you to change, update, or delete the information you may provide in your optional registration form. If you would like to change, update, or delete your personal information, please send an email containing your request to webmaster@makeupsuccess.com.

Changes to this Privacy Policy

PLEASE NOTE THAT WE MAY CHANGE OUR PRIVACY POLICY FROM TIME TO TIME TO CONFORM TO CHANGES IN THE LAW OR FOR OTHER REASONS, WHICH WE RESERVE THE RIGHT TO DO WITHOUT YOUR CONSENT AND SUCH REVISED POLICY WILL BE APPLICABLE TO ANY OF YOUR INFORMATION THAT YOU PROVIDE TO US, WHETHER BEFORE OR AFTER SUCH CHANGE IN THIS PRIVACY POLICY. ANY SUCH REVISED PRIVACY POLICY WILL BE POSTED ON THE MAKEUP SUCCESS WEBSITE. AS WE MAY MAKE CHANGES TO THIS PRIVACY POLICY FROM TIME TO TIME WITHOUT NOTIFYING YOU, WE ENCOURAGE YOU TO REVIEW THIS PRIVACY POLICY FROM TIME TO TIME TO STAY INFORMED ABOUT HOW WE USE AND PROTECT THE PII WE COLLECT.

Contacting Us

If you have questions about this privacy statement, the information practices of Makeup Success or your dealings with Makeup Success, please contact:

Makeup Success 16654 Soledad Road, Suite 276 Santa Clarita, CA 91387 USA

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MAKEUP SUCCESS WEBSITE(S).

By using this Site, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so. Makeup Success may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Such changed Terms and Conditions shall be posted on the Site. You should check these Terms and Conditions periodically for changes prior to using the Site. By using the Site following any modifications to these Terms and Conditions, you agree to be bound by any such modifications.

The Makeup Success Web site is intended and directed to residents of the United States and all advertising and claims contained in the Site are valid only in the United States.

Unless otherwise noted, the content on the Makeup Success Web site is intended for non-commercial purposes only. User agrees to use the Makeup Success Web site only for lawful, noncommercial purposes. Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Makeup Success Web site.

Impersonation of others, including, without limitation, an Makeup Success’s employee, host, or representative, as well as other members or visitors on the Makeup Success Web site is prohibited. Users may not upload commercial content on the Makeup Success Web site or use the Makeup Success Web site to solicit others to join or become members of any other commercial online service or other online or offline organization.

In the event an Makeup Success’s product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Makeup Success shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Makeup Success shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Makeup Success shall issue a credit to your credit card account in the amount of the incorrect price.

All information concerning users of the Makeup Success Web site is subject to our Privacy Policy. Please refer to our Privacy Policy whenever you provide information to the Makeup Success Web site.

Makeup Success welcomes user comments, information and submissions. In addition, you and other users of the Makeup Success Web site from time to time may have an opportunity to post certain knowledge, material, or commentary on the Makeup Success Web site, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, “tips,” and opinions. Subject to our Privacy Policy, all information and other content that you post on the Makeup Success Web site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site.

By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Makeup Success Web site ("User Content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Makeup Success Web site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the Makeup Success Web site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Makeup Success Web site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the Makeup Success Web site or servers or networks linked to the Makeup Success Web site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Makeup Success Web site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Makeup Success Web site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the Makeup Success Web site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (j) solicit other guests of the Makeup Success Web site to become members of any commercial on line service or other group or organization.

You acknowledge and agree that User Content you view or post on the Makeup Success Web site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Makeup Success, and Makeup Success does not support or endorse any User Content or any other content or otherwise posted by you or any other user.

You acknowledge that Makeup Success does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the Makeup Success Web site. However, Makeup Success and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in Makeup Success judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the Makeup Success Web site may be purged periodically in Makeup Success sole discretion. Makeup Success is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the Makeup Success Web site, whether created by Makeup Success or submitted to Makeup Success.

User Content includes the opinions, statements and other content of third parties, not Makeup Success. Makeup Success does not endorse any such opinions, statements or other content posted on or accessible through the Makeup Success Web site. Makeup Success does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Makeup Success receipt or acceptance of any such materials.

Any User Content submitted by you to the Makeup Success Web site will be deemed non-proprietary and non-confidential and may be used by Makeup Success without restriction. By submitting or sending information, material, or any other communication to Makeup Success including User Content, you grant Makeup Success the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Makeup Success and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the Makeup Success Web site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by Makeup Success. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with Makeup Success Privacy Policy.

You understand that the technical processing and transmission of the Makeup Success Web site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Makeup Success assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Makeup Success Site.

You agree that you will not harvest, collect or store information about the users of the Makeup Success Web site or the User Content or use such information for any purpose inconsistent with the purpose of the Makeup Success Web site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

As between Makeup Success and you, except for User Content, Makeup Success is the sole owner of all content on the Makeup Success Web site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Makeup Success Web site (“Makeup Success Proprietary Material”). The compilation (meaning the collection, arrangement and assembly) of all Makeup Success Proprietary Material on the Makeup Success Web site is the exclusive property of Makeup Success. The contents of the Makeup Success Web site are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Makeup Success Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the Makeup Success Web site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the Makeup Success Web site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Makeup Success Web site or use of such materials for any other purpose is a violation of Makeup Success copyright and other proprietary rights.

By using the Makeup Success Web site, you agree to defend, indemnify, and hold harmless Makeup Success, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the Makeup Success Web site or any products and services available on or through the Makeup Success Web site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Makeup Success Proprietary Material, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Makeup Success Web site applicable to your use of the Makeup Success Web site, by you.

IN NO EVENT SHALL MAKEUP SUCCESS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MAKEUP SUCCESS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You may be able to link to third party Web sites ("Linked Sites") from the Makeup Success Web site. Makeup Success is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Makeup Success cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. Makeup Success does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Makeup Success be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Makeup Success reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Makeup Success Web site and/or introduce different features or links to different users.

Other sites may link to the Makeup Success Web site only through a plain-text link subject to the prior written approval of a duly authorized employee of Makeup Success. To seek our permission, please contact us at the address on our Contact Us web page. Makeup Success reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Makeup Success Web site, at our discretion, with or without cause, at any time.

VISITORS TO THE MAKEUP SUCCESS WEB SITE AGREE THAT THEIR USE OF THE MAKEUP SUCCESS WEB SITE IS AT THEIR OWN SOLE RISK. THE MAKEUP SUCCESS WEB SITE IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, MAKEUP SUCCESS (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE MAKEUP SUCCESS WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAKEUP SUCCESS ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND MAKEUP SUCCESS HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE MAKEUP SUCCESS WEB SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. MAKEUP SUCCESS AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE MAKEUP SUCCESS WEB SITE BY ANYONE OTHER THAN AUTHORIZED MAKEUP SUCCESS EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE MAKEUP SUCCESS WEB SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE MAKEUP SUCCESS WEB SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION.

MAKEUP SUCCESS DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE MAKEUP SUCCESS WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE MAKEUP SUCCESS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

MAKEUP SUCCESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE MAKEUP SUCCESS WEB SITE. YOU (AND NOT MAKEUP SUCCESS OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL MAKEUP SUCCESS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MAKEUP SUCCESS WEB SITE, EVEN IF MAKEUP SUCCESS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE MAKEUP SUCCESS WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MAKEUP SUCCESS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING MAKEUP SUCCESS LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

Makeup Success controls and operates the Makeup Success Web site from our offices in the State of California, United States of America. While we invite visitors from all parts of the world to visit the Makeup Success Web site, visitors acknowledge that the Makeup Success Web sites, and all activities available on and through the Makeup Success Web site, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials and or products on the Makeup Success Web site are appropriate or available for use by all people and/or in other locations. Persons who choose to access the Makeup Success Web 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.

You agree that the laws of the State of California, excluding its conflicts-of-law rules, and these Terms and Conditions, Makeup Success Privacy Policy and any other policies posted from time to time on the Makeup Success Web site applicable to your use of the Makeup Success Web site shall govern your use of the Makeup Success Web site.

You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the Makeup Success Web site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Makeup Success or relating in any way to your use of the Makeup Success Web site resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Makeup Success or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Furthermore, by using this Site, you agree that Makeup Success, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

You agree that any cause of action or claim that you may have with respect to your use of the Makeup Success Web site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. Makeup Success failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of Makeup Success. Makeup Success may assign its rights under these Terms and Conditions to any party at any time without notice to you.

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