Terms and Conditions
Acceptance of Terms
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.
Right to Modify Terms
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.
Intellectual Property Rights
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All information and content contained on the Website, including but not limited to trademarks, graphics, images, and logos are protected by US and international intellectual property laws, and are owned or controlled by Too Faced or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Too Faced or the copyright holder identified in the individual content's copyright notice. Use of trademarks for commercial purposes without authorization from Too Faced is strictly prohibited.
Changes to Website
Too Faced may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Too Faced may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
Limited Use License
Too Faced grants you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to:
- frame or enclose the Website or any portion thereof;
distribute, or license the Website or any content thereon; and/or
- create any derivative works based upon either the Website or any content thereon.
This limited license may be terminated immediately upon any unauthorized use by you of the Website or any and/or all of Too Faced’s content.
Sweepstakes; Contests; Promotions
Too Faced may promote, via the Website, sweepstakes, contests or other types of promotions that will be governed by special rules in addition to these Terms. Your participation in such promotions constitutes acceptance of all applicable terms.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, or distribute, or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (i.e. Spam), or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) you will not redistribute content to anyone, nor will you permit any minor, or anyone who would find the content offensive, to view the content; and (c) you will not use or access the Website in any jurisdiction in which doing so would be unlawful.
Third Party Links
The Website may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Company is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
Digital Millennium Copyright Notice
If you believe that specific content on the Website infringes upon your copyrighted materials, please provide Too Faced with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Website, including the url’s of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Too Faced’s Designated Agent for copyright claims can be contacted as follows:
Amanda J. Mooney
Goodman Mooney, LLP
TOO FACED DMCA NOTICE
3420 Bristol St. Sixth Floor
Costa Mesa, CA. 92626
Disclaimer of Warranties
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TOO FACED AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, TOO FACED AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TOO FACED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOO FACED AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Licensed Use of User Contributions
You may directly upload User Contributions or post
User Contributions to your social media accounts. By posting User Contributions
and uploading User Contributions that you have tagged with Too
Faced hashtags (i.e. #toofaced, #melted, #ownyourpretty, etc.), you grant
to Too Faced, its third-party service providers who provide content management
services, and its retail partners (collectively, the “Licensed Parties”) the
worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive,
transferable right to use your uploaded or Too Faced-tagged User
Contributions in any manner to be determined in the Licensed Parties’ sole
discretion, including but not limited to on its webpages, social media pages
operated by the Licensed Parties, and in other marketing, promotional and
advertising initiatives, in any media now or hereafter known. The Licensed
Parties may use, display, reproduce, distribute, transmit, create derivative
works from, combine with other materials, alter and/or edit your User
Contributions in any manner in its sole discretion, with no obligation to you
whatsoever. You grant the Licensed Parties the right to use your username, real
name, image, likeness, caption, location or other identifying information in
connection with any use of your User Contributions. You hereby represent and
warrant that (i) you own all rights in and to your User Contributions; (ii) you
have permission from all person(s) appearing in your User Contributions to
grant the rights granted herein; (iii) you are not a minor, (iv) the Licensed
Parties’ use of your User Contributions as described herein will not violate
the rights of any third party or any law, (v) the User Contribution is not
libelous, defamatory, obscene, pornographic, abusive, indecent, threatening,
harassing, hateful, or offensive. You hereby release, discharge and agree to
hold the Licensed Parties, and any person acting on their behalf, harmless from
any liability related in any way to the Licensed Parties’ use of your User
Products Not for Resale
The products available on the Website are for personal use only and are not for resale. Too Faced may cancel or modify any order received which Too Faced believes is contrary to these Terms.
Color for Reference Only
The color samples for products on the Website should be used as a reference only in conjunction with the written descriptions. Due to the nature of color calibration, the colors on your monitor may differ from the actual product. To the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are complete, reliable, accurate current, or error-free.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Too Faced does not accept unsolicited suggestions and ideas. Any ideas, suggestions or other information you provide us will be treated as non-proprietary and non-confidential and treated as Communications, as defined above.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
Online Purchases and Other Terms and Conditions