YOUR USE OF THE WEBSITE

You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of the Website.

You are permitted to download and print content from the Website solely for your own personal use. Website content, including without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, and artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”), must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. You are not entitled to make recordings of the Website or any Content.

You should only use the Website if you are aged 18 years or over.

YOUR ACCOUNT

If you choose, or you are provided with, an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorised use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorisation under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms of Use and the Terms of Sale, and to the extent you do not have such authority you agree to be bound to these Terms of Use and the Terms of Sale and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

Melissa Abad Makeup and its Affiliates (defined below) are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the Website. An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).

Unless you have agreed otherwise in writing with Melissa Abad Makeup or any of its Affiliates, nothing in these Terms of Use gives you a right to use any of the Content, Melissa Abad Makeup’s or any of its Affiliates’ trademarks or other Melissa Abad Makeup or any of its Affiliates. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Website to any party.

You are permitted to use the Content only as expressly authorised by us.

You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and Content.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard.

You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us.

USER CONTENT

Whenever you post content, such as a product review, to our Website you must comply with the provisions set out below:

You may only use this Website for lawful purposes. You must ensure that any comment or activity that you intend to post or upload to our Website or provide or make to us via this Website or any function of this Website:

• Does not contravene any applicable laws or contravene any person’s legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);
• Is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity;
• Is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
• Does not promote violence;
• Is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;
• Is not libellous or defamatory;
• Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Does not infringe any copyright, database right or trademarks of any person;
• Does not give the impression that it emanates from us (unless that is in fact the case);
• Is accurate (where it contains statements); and
• Only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).

You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any comments that you post on the Website and that you will indemnify us and keep us indemnified for any breach of this clause. This means that you will be responsible for any loss or damage we suffer as a result of anything you upload or post to our Website that does not comply with these Terms of Use. We reserve the right to remove material from the Website at any time without notice. We have the right to disclose your identity and other relevant information to law enforcement authorities as we consider necessary. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website by you constitutes a violation of their intellectual property rights or of their right to privacy. Your right to use this Website will cease immediately if you breach any of the provisions of this clause. Any content you post or upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

LIMITATION OF LIABILITY

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms of Use.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

Nothing in these Terms of Use shall limit our liability for personal injury, death or fraud.

Any material and information presented by Melissa Abad Makeup on the Website or with any products sold through the Website is intended to be used for informational purposes only. Any statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice or medical resource. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Melissa Abad Makeup does not give or intend to give any answers to medical related questions and does not represent itself as a physician nor is this implied.

THIRD PARTY LINKS

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.