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These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by TravelBeauty.com LLC ("TRAVEL BEAUTY®"), including, and any other social media, or media extension (the "Sites"). We may add additional Sites from time to time as we expand our product and service offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer, mobile phone device or tablet and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services ("Interactive Services"), such as our reviews and ratings functionality or real-time community discussion forums and these Terms of Use govern your use of those Interactive Services. By using the Sites (including any content posted on the Sites), you signify your acceptance of these Terms of Use and the Privacy Policy, which is incorporated by reference into these Terms of Use and made a part hereof.
We also like to interact with you on third party sites where we may post content or invite your feedback, such as www.facebook.com/TravelBeautyLuxuryProducts, www.twitter.com/_TravelBeauty, www.pinterest.com/travelandbeauty, plus.google.com/b/112670981516828476169/112670981516828476169/about, instagram.com/_travelbeauty, www.youtube.com/user/travelbeautyluxury, ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide from time to time certain guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including the services that involve Third Party Sites. However, TRAVEL BEAUTY® does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to Third Party Sites, or to the actions of people that TRAVEL BEAUTY® does not employ or manage. You should always check the terms of use posted on Third Party Sites you visit. By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.
TRAVEL BEAUTY® reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If TRAVEL BEAUTY® decides to change these Terms of Use, TRAVEL BEAUTY® will post a new version on one or more of the Sites and update the date set forth herein. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon our posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications, and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites at any given time.
All design, text, graphics, logos, button icons, images, audio and video clips, music, sounds, messages, comments and other information, documents, materials and content published, displayed, placed, performed, transmitted or streamed on the Sites, the selection and arrangement thereof, is owned by TRAVEL BEAUTY® (Copyright (c) 2014 TravelBeauty.com LLC -- ALL RIGHTS RESERVED), and is protected by copyright and other laws. The compilation (selection, coordination, collection, arrangement and assembly) of all content on the Sites is the exclusive property of TRAVEL BEAUTY®and protected by copyright laws. All software used on the Sites is the property of TRAVEL BEAUTY® or third party software licensors and is protected by U.S. and/or international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with TRAVEL BEAUTY®, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of TRAVEL BEAUTY®is strictly prohibited. Content on the Sites is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without TRAVEL BEAUTY’s prior written consent. You may download content for your personal, non-commercial use only as provided in these Terms of Use, Rules and Guidelines, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior written permission from us or the copyright holder identified in the copyright notice contained in the content.
TravelBeauty.com®, TRAVEL BEAUTY® and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of TRAVEL BEAUTY® and may not be used in connection with any product or service that is not offered by TRAVEL BEAUTY® in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TRAVEL BEAUTY®. All other trademarks, product names and company names or logos that may appear on the Sites are the property of their respective owners and are used by permission.
The products displayed on the Sites for sale can be ordered and delivered only within the United State of America. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product obtained or purchased from TRAVEL BEAUTY®, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TRAVEL BEAUTY®.
All matters concerning the products and other merchandise and related services carried by TRAVEL BEAUTY® and manufactured or distributed by entities other than TRAVEL BEAUTY® (the “Third Party Sellers”) including, but not limited to, instructions and manuals, suggested use, warranties, guarantees, and consumer claims, are solely between you and the Third Party Sellers. To the extent permitted by applicable laws, we make no warranties or representations whatsoever with regard to any products or other merchandise manufactured or distributed by the Third Party Sellers and assume no responsibility for such products or merchandise.
All content, material and information available on the Sites is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration or other relevant regulatory agencies and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any medical condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines available from such products’ manufacturers. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products and are not intended to provide any personal advice to individuals. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites 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. TRAVEL BEAUTY® does not give or intend to give any answers to medical related questions, and these Sites do not replace any medical, professional, clinical or health care resource. TRAVEL BEAUTY® does not represent itself as a medical or health-related website, does not employ or use physicians nor is this implied. No prescription medications or medical treatments are made available for sale on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. The products available on the Sites and the Interactive Services, including any samples TRAVEL BEAUTY® may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise obtain from TRAVEL BEAUTY®. TRAVEL BEAUTY® reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, the Rules or the Guidelines, as determined by TRAVEL BEAUTY® in its sole discretion.
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We reserve the right, but are not obligated, to curate any Content that contains fowl language, is obscene, and/or is inappropriate for the Sites or the Interactive Services in our sole and absolute discretion.
TRAVEL BEAUTY® provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only for the users of and visitors to the Sites. TRAVEL BEAUTY® is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by TRAVEL BEAUTY®. TRAVEL BEAUTY® cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and TRAVEL BEAUTY® shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will TRAVEL BEAUTY® be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services. You may access the Content and any other content on the Sites only as permitted under these Terms of Use, the Rules, the Guidelines, and the Privacy Policy and you agree not to engage in the use, copying, performance, display or distribution of any of the Content other than as expressly provided herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. TRAVEL BEAUTY® reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
By submitting Content to TRAVEL BEAUTY®, you represent and warrant that:
You also represent and warrant that any Content you submit:
TRAVEL BEAUTY® does not endorse any Content or any opinion, recommendation or advice expressed therein, and TRAVEL BEAUTY® disclaims all liability with respect to the Content. If your Content includes ideas, suggestions, documents or proposals to TRAVEL BEAUTY® through the Interactive Services, (a) such Content is not confidential or proprietary and TRAVEL BEAUTY® has no obligation of confidentiality, express or implied, with respect thereto; (b) TRAVEL BEAUTY® may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from TRAVEL BEAUTY® under any circumstances unless you are otherwise notified by TRAVEL BEAUTY® in writing. For any Content that you submit, you grant TRAVEL BEAUTY® a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Sites.
We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review, or participating in real-time, forums, please consider the following guidelines:
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any TRAVEL BEAUTY® official, expert, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
As noted above, TRAVEL BEAUTY® reserves the right to not post a review or to withdraw a posted review for any reason. Your review will be excluded if it violates those Rules and the Guidelines or the provisions in these Terms of Service regarding submission of Content generally.
TRAVEL BEAUTY® may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. TRAVEL BEAUTY® does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between TRAVEL BEAUTY® and such third party. TRAVEL BEAUTY® does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. TRAVEL BEAUTY® is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to TRAVEL BEAUTY® through the Interactive Services, do not necessarily reflect the views of TRAVEL BEAUTY®.
If you access the Sites via your mobile phone or tablet, please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
All Content that you submit is not confidential and may be used at TRAVEL BEAUTY's sole discretion. TRAVEL BEAUTY® may or may not pre-screen Content. However, TRAVEL BEAUTY® and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, abstract, condense or delete any Content on the Sites. In particular, TRAVEL BEAUTY®and its designees will have the right to remove any Content that TRAVEL BEAUTY® deems, in its sole discretion, to violate the Rules or the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. TRAVEL BEAUTY® does not guarantee that you will have any recourse through TRAVEL BEAUTY® to edit or delete any Content you have submitted. TRAVEL BEAUTY® reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future. Ratings, written comments, questions and answers are generally posted within two to four business days. However, TRAVEL BEAUTY® reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not TRAVEL BEAUTY®, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of TRAVEL BEAUTY®, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers, managers, managing members and employees.
TRAVEL BEAUTY® reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and/or use of the Interactive Services and the Sites. TRAVEL BEAUTY® may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with applicable law, regulatory requirements and legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of TRAVEL BEAUTY® (and its management, employees and third party vendors), its users and third parties with lawful rights or interests.
YOU UNDERSTAND THAT YOUR USE OF THE SITES AND INTERACTIVE SERVICES (INCLUDING ANY DOWNLOADS, UPLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM AND SOFTWARE YOU EXPERIENCE FROM USING THE SITES AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITES AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITES OR SERVICES), ARE PROVIDED ON AN "AS IS" “WITH ALL FAULTS” "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT TRAVEL BEAUTY® MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT TRAVEL BEAUTY® DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITES OR INTERACTIVE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
IN ADDITION, TRAVEL BEAUTY® DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR INTERACTIVE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND INTERACTIVE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVEL BEAUTY® DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITES AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES AND SERVICES.
THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT TRAVEL BEAUTY® IS NOT ENGAGED IN RENDERING MEDICAL, HEALTH, THERAPEUTIC, COUNSELING, OR OTHER PROFESSIONAL OR OTHER SERVICES OR ADVICE (OTHER THAN INFORMATIONAL SERVICES IN CONNECTION WITH THE PRODUCTS IT IS CARRYING FOR SALE) AND SUBJECT TO THE LIMITATIONS, DISCLAIMERS AND QUALIFICATION SET FORTH ABOVE. TRAVEL BEAUTY® ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SITES, TRAVEL BEAUTY® OR ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, PARTNERS, SHAREHOLDERS, MANAGERS, MANAGING MEMBERS, DIRECTORS, OR OFFICERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS BY OR THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF TRAVEL BEAUTY® HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
You agree to defend, indemnify and hold harmless TRAVEL BEAUTY® (and its managers, managing members, officers, directors, agents, subsidiaries, joint ventures, employees, representatives, agents and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted, uploaded or transmitted to or through the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.
Content may be posted or otherwise made available via the Sites and the Interactive Services by third parties not within our control, including users of and visitors to the Sites. We are under no obligation to, and may not review content so posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Sites or to continue to be made available through the Interactive Services. If you believe any materials on the Sites or in the Interactive Services infringe a copyright, you should promptly provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
DMCA Notice Agent
TRAVEL BEAUTY
407 Park Avenue South
New York, NY 10016
We may (but shall not be obligated to) take such action as it may deem lawful and appropriate in its sole discretion in response to such DMCA notices.
These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by TRAVEL BEAUTY® for any violation of TRAVEL BEAUTY’s proprietary or other rights for which such injunctive relief is available, any and all disputes relating to these Terms of Use and/or your use of the Sites or the Interactive Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT ANY AND ALL OF YOUR CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM AND CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Use are the entire agreement between you and TRAVEL BEAUTY®. They supersede any and all prior or contemporaneous agreements between you and TRAVEL BEAUTY® relating to your use of the Sites and/or the Interactive Services. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. The failure of TRAVEL BEAUTY® to partially or fully exercise any rights or the waiver of TRAVEL BEAUTY® of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Travel Beauty or be deemed a waiver by TRAVEL BEAUTY® of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of TRAVEL BEAUTY® under these Terms of Use and any other applicable agreement between you and TRAVEL BEAUTY® shall be cumulative, and the exercise of any such right or remedy shall not limit TRAVEL BEAUTY's right to exercise any other right or remedy.
Last Updated November 26, 2013
