Last Updated: April 21, 2016
These terms and conditions (the "Terms of Service") govern your access to and use of Beautylish's websites and mobile applications that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with Beautylish Inc. ("Beautylish"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", "our" refer to Beautylish.
"Content" means text, images, photos, audio, music, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Beautylish Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than Beautylish or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Beautylish Content.
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms of Service. If you are under 18, you may use our site only with the involvement of a parent or guardian. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service or any functions or Content of the site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
By creating an account, you agree to receive certain communications via e-mail, phone, or text message in connection with the Service at any e-mail address or phone number that you may have provided us. For example, you may receive our e-mail newsletter about new products, beauty tutorials and site updates or other matters that may interest you. You can opt-out of non-essential communications here.
Beautylish may also place calls or texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a billing dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce this Terms of Service, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.
Beautylish may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf with Beautylish or its agents for quality control and training purposes or for its own protection.
Beautylish offers a convenient return policy to our customers because we want you to be completely satisfied with our goods and services. Our return policy is detailed here.
We reserve the right to deny unfair returns and refunds for any reason, at the discretion of the Accounts department. For example, these reasons may include returns: (i) for products not purchased directly from Beautylish; (ii) for products used beyond a reasonable trial amount; (iii) for products purchased for the purpose of reselling; or (iv) from customers that return an unreasonable proportion of products purchased.
Canada Refunds. Beautylish is an approved CREDITS participant with the Canada Border Services Agency ("CSBA"). By ordering goods from Beautylish, you hereby authorize Landmark Trade Services, an approved customs broker in CREDITS, to act as your agent, and to transact business with the CSBA to obtain release of your merchandise, account for duties and taxes, return merchandise to Beautylish, and electronically submit refund claims on your behalf. Under the CREDITS program, you understand that the CSBA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from Beautylish. Further, you also authorize the customs broker to forward any refund issued by the CSBA in your name, so that Beautylish can be reimbursed.
Beautylish offers a payment plan option ("Flexible Payments") for qualified orders to eligible customers that allows customers to pay for an order in installments over a period of time. The qualification of orders and eligibility of customers is determined at the discretion of our Accounts department, but considerations may include: (i) the total order amount; (ii) the credit standing of the customer with Beautylish; (iii) the ability to verify the identity of the customer; (iv) the number of outstanding Flexible Payment orders by the customer or related parties to the customer; or (v) orders purchased for the purpose of reselling products.
The amount due and payment due date are displayed to the customer during the checkout process with Flexible Payments. Beautylish reserves the right to charge any payment method a customer may have on file, associated with any account, to settle any past due debts.
As a retailer, Beautylish sells merchandise for personal use only. This means orders exceeding personal use quantities, reasonable seasonal gift giving quantities, and/or vendor quantity limits will be cancelled at the discrection of our Accounts department.
You are only permitted to have one registered account on Beautylish. Any customer accounts created for the specific purpose of circumventing Beautylish's per customer limit restrictions on promotions, Flexible Payments restrictions, or product quantity limits may be disabled and banned at the discretion of our Accounts department. We reserve the right to prosecute fraudulent criminal activity to the fullest extent of the law.
Beautylish reserves the right to require a signature to confirm delivery of an order. Should you elect to waive the signature requirement, you agree to release Beautylish and our shipping carrier from any liability in the event your order is lost, stolen, or otherwise not received.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Beautylish.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Beautylish and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and Beautylish, you own Your Content. We own the Beautylish Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Beautylish Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Beautylish Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Beautylish Content are retained by us.
Beautylish and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. Except as you and we may otherwise agree with regard to revenue sharing (see, for example, our Partner Program), you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content (the "Feed Content") available via Real Simple Syndication, Atom or other feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Beautylish's websites, and attributes Beautylish as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Beautylish promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Beautylish's systems. Beautylish reserves all rights in the Feed Content and may terminate or suspend any or all of the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
You represent that you have read, understand and agree to our Content Guidelines.
Please see our Copyright Policy for information about copyright and trademark disputes.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, display, distribute and sublicense the Feedback.
The Service may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify and hold Beautylish, its parent, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including from costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Beautylish reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Beautylish. Beautylish will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BEAUTYLISH AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "BEAUTYLISH ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Beautylish (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.