BEAUTYPARK.COM Terms of Use

Last Updated: September 25, 2017

  1. Introduction

The below terms, ("Terms of Use") are for your use of services or features on the sites owned and controlled by Beauty Park Group, Inc. ("Beauty Park"), including www.Beautypark.com. Throughout the Terms of Use, any terms such as “we,” “us,” “Beauty Park,” or “our” will refer to Beauty Park Group, Inc. We offer the site and all available services to you, our user, upon acceptance of these terms, conditions, and policies. We may add additional sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new sites when added. You may be accessing our Site from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our site and your conduct, regardless of the means of access.

Beauty Park has an online social community (“We are B/P”). We are B/P allows you to participate in forum discussions, write, submit, or read public articles and blog posts, view other Member profiles and product reviews, and to receive product recommendations. These Terms of Use govern your participation in We are B/P.

By visiting any page of our website, and/or upon check out when purchasing products online, you agree to be bound by the following Terms of Use.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such  http://www.instagram.com/shopbeautypark, ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with We are B/P, including services that involve Third Party Sites, but Beauty Park does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Beauty Park does not own or control, or to the actions of people that Beauty Park does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Beauty Park 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 Beauty Park decides to change these Terms of Use, we will post a new version on the site and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Any new features or tools that are added to Beauty Park’s site are also subject to the Terms of Service. Additionally, we reserve the right, in our discretion, without any notice to you, to suspend, revise, or discontinue any aspect of the site. 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 and your participation in We are B/P.

  1. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, including those written or uploaded to We are B/P by users, and all software on the Site is Copyright (c) 2017 Beauty Park Group, Inc., ALL RIGHTS RESERVED. The compilation of all content on the Site is the exclusive property of Beauty Park and protected by U.S. and international copyright laws. All software used on the Site is the property of Beauty Park or its software suppliers and is protected by U.S. and 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 Beauty Park, engaging with We are B/P or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Beauty Park is strictly prohibited.

  1. Trademarks

Beautypark.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Beauty Park and may not be used in connection with any product or service that is not offered by Beauty Park in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  1. Product Information

The products displayed on the sites can be ordered and delivered only within the U.S. and Canada. See the International Shipments section of beautypark.com for more information. All prices displayed on beautypark.com are quoted in U.S. Dollars and are valid and effective only in the U.S. 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 Beauty Park.

While Beauty Park has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

All material and information presented by Beauty Park is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and any results reported may not necessarily occur in all individuals. The statements and products sold through Beauty Park are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Beauty Park it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

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 Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site 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. Beauty Park does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. Beauty Park does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Site and shown in We are B/P are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Beauty Park. We reserve 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, as determined by our sole discretion.

Except where prohibited by law, Beauty Park may limit the number of products available for purchase.

 

  1. Membership Terms

In order to take advantage of the Membership service, you will be required to sign up for a Beauty Park Membership. Information regarding the cost of the Membership can be found here. All Membership Fees are paid in advance for the Membership term (the “Term”).

PAID MEMBERSHIP NOT FOR MINORS

The paid membership service is not intended for use by anyone under the age of 18. By agreeing to these Terms of Service, you represent that you (a) are 18 years of age or older, (b) are a legal resident of the United States or Canada, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Beauty Park account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. You may not use the Services or sign up for a Membership if you are not at least 18 years of age.  If we later discover or suspect that a person is at least 18 years of age, we reserve the right to take steps to cancel access to the Service, including cancellation of such person’s Membership.

A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.

QUARTERLY MEMBERSHIPS:

AUTOMATIC QUARTERLY RENEWAL TERMS: When selecting the Quarterly Membership plan, your membership will renew automatically quarterly (every three months) until you cancel. By purchasing a Quarterly Membership, you agree and acknowledge that your Membership has an initial pre-payment feature for one Term and a recurring Membership Fee at the then-current Membership rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Beauty Park after the expiration date of your payment card. Only one membership is permitted per person.

AUTOMATIC ANNUAL RENEWAL TERMS: When selecting the Annual Membership plan, your membership will renew automatically quarterly (every three months) until you cancel. By purchasing an Annual Membership, you agree and acknowledge that your Membership has an initial pre-payment feature for one Term and a recurring Membership Fee at the then-current Membership rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Beauty Park after the expiration date of your payment card. Only one membership is permitted per person.

OTHER MEMBERSHIPS: From time to time Beauty Park may offer you a Membership at a different rate than the original Term. These Memberships renew automatically until you cancel at the beginning of each quarter. By not opting out of these Membership offers, you agree and acknowledge that your Membership has an initial pre-payment feature for the term of Service identified in the offer and a recurring fee at the then-current Quarterly Membership rate. You accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Beauty Park after the expiration date of your payment card.

TRIAL OFFERS: Beauty Park may, from time to time, to the extent legally permitted offer free trial Memberships for a limited period of time (“Free Trial”).  The terms and conditions of such Free Trial will be communicated to you when you sign up for the Free Trial. Additionally, all Terms and Conditions stated here will apply and are agreed to by you upon enrolling for the Free Trial. The 30 day free trial may only be used once in the lifetime of a Beauty Park member.

AUTOMATIC RENEWAL FOR TRIAL PERIODS: Once your free trial ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for a Quarterly Membership (plus any applicable taxes and other charges) for as long as your Membership continues, unless you cancel your Membership prior to the end of your free trial.

END OF THE YEAR CREDIT: Beauty Park offers to its Members a credit at the end of one (1) year of keeping a continuous paid membership, totaling the amount paid for by the member for the preceding one (1) year. This one (1) year will not include any trial periods, and must be not be ended or paused at any time within that year in order to qualify. The amount credited to each Member is for their personal use on beautypark.com only, and may not be redeemed for cash or currency, nor may it be transferred to another Member. This credit expires thirty (30) days from the issue date and cannot be retrieved under any circumstances should it go unused. If a Member cancels their membership before one year has elapsed, they will not receive any portion of this credit. The starting date of the membership begins on the date of their first membership term payment.

Beauty Park does not permit its Members to use this credit for commercial gain or personal profit, including reselling products in private, public, or via a Third Party, and reserves the right to suspend or cancel the membership without notice should there be reason to believe a Member has violated these terms. Under these circumstances, Beauty Park will not refund any membership fees, and may choose to revoke the End of the Year Credit at our discretion.

CANCELLATION POLICY FOR TRIAL PERIODS: You may cancel your Membership at any time prior to the end of the trial period by contacting us at 800-353-8026 or email us at cancel@beautypark.com. Please note that you may not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

CANCELLATION POLICY FOR MEMBERSHIPS: You may cancel your Membership at any time by contacting us at 800-353-8026 or email us at cancel@beautypark.com. Upon cancellation you will not be charged for any renewal periods and your Membership will not continue past the then current period. You must contact cancel@beautypark.com at least five (5) business days before the automatic renewal date on your account. If the membership is not cancelled with a notice of at least 5 business days before the term renewal date, you will be charged for the next term. However, all Membership Fees paid prior to termination of your Membership are non-refundable and you shall be responsible for any charges to your chosen payment method for the Membership prior to your cancellation.

PLEASE NOTE: IF YOU HAVE CANCELLED YOUR MEMBERSHIP AND THEN RETURN TO BEAUTY PARK TO USE THE SERVICE BY PURCHASING PRODUCTS, YOUR CARD WILL BE AUTOMATICALLY CHARGED FOR THE QUARTERLY MEMBERSHIP UPON CHECK OUT. YOU WILL NOT SEE THE CHARGE IN YOUR CHECK OUT CART.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Services and any products made available through the Services are subject to change without notice. If we are going to change the Membership Fees, we will provide you with notice of such change in a commercially reasonable manner.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Beauty Park reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

  1. Additional Terms and Conditions

 

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines, (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

 

  1. We are B/P Social Platform

We are B/P is an online social platform located on beautypark.com. Enrolling as a We are B/P member is required to engage with certain Beauty Park features, including, but not limited to, Show & Tell, Travel, In Our Words, In Your Words, BP Members, and Events. Features and content of We are B/P may be added or removed at any time without notice. You must be age 13 years or older to be eligible for We are B/P membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. 

After you become a We are B/P member, some of the information associated with your We are B/P membership can be seen by everyone on your Profile page and some information can only be seen by you on your Profile page. Everyone will be able to see your featured profile photo or avatar, your name, the number of members that you follow and that follow you, your skin tone, skin concern, product types “Interested In”, age range, and average spend per month. You have the right to disclose or refuse to disclose this information at your discretion when enrolling as a BP Member, and can be edited by you at any time.

Other information is available on your Profile page, including: 

  • My Recent Comments and Conversations (under “Let’s Talk About It”)

Any conversations that you engage in We are B/P will appear publicly under the article to which you responded via “Let’s Talk About It”.

  • My Recent Reviews

Any product ratings and reviews submitted by you will appear under your public profile, and under the “Happenings” feed, and under the product details page to which you reviewed.

Beauty Park may add new features to We are B/P from time to time which may incorporated User-Generated Content without providing notice to or asking permission from its users. 

Please email Customer Service at help@beautypark.com if you have questions about your Beauty Park account or your We are B/P membership, including how to remove some of your We are B/P activity. For example, you have the ability to delete profile photos that you have uploaded and you can edit “About Me” information and edit previously posted reviews. Customer Service can delete your Ratings & Reviews for you. Please note that not all information can be deleted at the present time but any remaining information will not be readily available to other users if you delete your We are B/P activity in accordance with the instructions above. 

At this time, only Customer Service has the ability to delete your account and remove all posted reviews and ratings from this account. If you wish to delete your We are B/P account and all Ratings & Reviews, please contact Customer Service at cancel@beautypark.com.

  1. Intellectual Property

By creating or making available any User-Generated Content through your paid Membership or through We are B/P, you hereby grant to Beauty Park a worldwide, irrevocable, perpetual, non-exclusive, fully-transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User-Generated Content.

 

This license will not be terminated if you close your Account. Beauty Park does not claim any ownership rights in any User-Generated Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User-Generated Content. Notwithstanding the foregoing, Beauty Park has the right, but not the obligation, to remove any material, including User-Generated Content, whether or not such material has been modified by you, solely at our own discretion.

 

You hereby acknowledge and agree that you are solely responsible for all User-Generated Content that you make available to or through any Beauty Park Sites, not limited to We are B/P, including the submission of product Ratings & Reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Site and a member of We are B/P.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User-Generated Content that you make available through the Website, or you have all rights, licenses, consents and releases that are necessary to grant to Beauty Park the rights in such User-Generated Content, as contemplated under these Terms of Use; and (ii) neither the User-Generated Content nor your posting, uploading, publication, submission or transmittal of the User-Generated Content or Beauty Park’s use of the User-Generated Content (or any portion thereof), will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

Beauty Park (or in some cases, a third party) retains ownership of all intellectual property on the Website other than User-Generated Content, including, but not limited to, visual interfaces, graphics, design, compilation, computer code, software, and aggregate user review ratings. 

You may print copies of materials on the Website for your personal, noncommercial use only, provided that (a) you must keep intact all copyright, trademark, and other proprietary notices appearing therein and (b) you use such materials solely in the manner permitted by these Terms of Use and not in any manner that competes with us. 

3.2 Digital Millennium Copyright Act. Beauty Park respects the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Website in a way that constitutes an infringement of your copyright rights, please provide our copyright agent with a copyright infringement notice (“Notice”), which should include the following written information:

• statement that you have identified material on the Website that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are at issue, a representative list of such works;

• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Beauty Park to locate the material (e.g., a URL and/or screen shot);

• your full name, email address, postal address, and telephone number through which you can be contacted;

• a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• a statement by you that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and

• a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.

Beauty Park’s agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows: 

Beauty Park Group, Inc.
800 Wilshire Blvd
Suite 200
Los Angeles, CA 90042

Attn: Legal Department
Email: legal@beautypark.com

If you are unsure about your rights with respect to any content on the Website, or whether there has been an infringement of your rights, we suggest you obtain legal advice before sending a Notice to Beauty Park.

3.3 Trademarks. Beautypark.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Beauty Park and may not be used in connection with any product or service that is not offered by Beauty Park in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  1. Your Use of Content on the Sites and Limitation of Liability

Beauty Park provides the Site and We are B/P and all other applications and services on the Site as a forum only. Beauty Park is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site, including without limitation through We are B/P. 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 We are B/P, is not controlled by Beauty Park. Beauty Park cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using We are B/P, you may be exposed to Content that may be offensive, indecent or objectionable and Beauty Park 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 Beauty Park 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 We are B/P. The preceding sentence does not apply to New Jersey residents.

You may access the Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying 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 Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Beauty Park reserves all rights not expressly granted in and to the Content. When using We are B/P, you may not disrupt the normal flow of dialogue or any real-time features that may be added to any beautypark.com Sites.

  1. Your Content Submissions

By submitting Content to Beauty Park and participating in We are B/P, you represent and warrant that:

♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Site, We are B/P and potentially Third Party Sites;
♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Beauty Park to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);
♦ You understand that your Content may be utilized and distributed by Beauty Park in its marketing materials, including but not limited to, beautypark.com, Beauty Park emails, social channels, and store materials;
♦ You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on Beauty Park’s Site or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then you must disclose this in your posting. All disclosures must be made clearly and conspicuously;
♦ All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
♦ All Content that you post is accurate;
♦ You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;
♦ and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is not submitted for compensation or other consideration from any third party;
♦ is relevant to the product being rated and reviewed or about which a question or answer is submitted;
♦ does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
♦ Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

♦ Does not impersonate any person or entity, including, without limitation, any Beauty Park official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. 

You may not use the Sites or We are B/P to collect or store personal information about other users.

Beauty Park does not endorse any Content or any opinion, recommendation or advice expressed therein, and Beauty Park disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to Beauty Park through We are B/P, (a) such Content is not confidential or proprietary and Beauty Park has no obligation of confidentiality, express or implied, with respect thereto; (b) Beauty Park 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 Beauty Park under any circumstances unless you are otherwise notified by Beauty Park in writing.

For any Content that you submit, you grant Beauty Park a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable 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 Site.

  1. Third Party Content and Third Party Sites

Beauty Park may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Beauty Park 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 Beauty Park and such third party. Beauty Park does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Beauty Park 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 Beauty Park through We are B/P, do not necessarily reflect the views of Beauty Park.

  1. Mobile Services

If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

  1. Reservation of Rights

Beauty Park reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use We are B/P and the Sites and to block or prevent your future access to and use of We are B/P and the Sites. Beauty Park 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 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 Beauty Park (and its employees), its users and the public.

  1. Disclaimer of Warranties

BEAUTY PARK IS PROVIDING THE SITES, THEIR CONTENTS AND WE ARE B/P ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR WE ARE B/P, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF WE ARE B/P. TO THE FULLEST EXTENT PERMITTED BY LAW, BEAUTY PARK DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BEAUTY PARK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR WE ARE B/P IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

  1. Disclaimer of Liabilities

BEAUTY PARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR WE ARE B/P. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.

  1. Indemnification

You agree to defend, indemnify and hold harmless Beauty Park (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and We are B/P; (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 caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and We are B/P.

  1. Fraud Protection Program

When you sign up for a Membership or purchase any product or service made available through the Site and the App (each such purchase, a "Transaction"), you agree to provide current, complete and accurate purchase and account information for all purchases made via our Service on our Site and App. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed.

 

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Beauty Park the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You agree that by placing an order on the Site or the App and agreeing to these Terms, you are entering into a binding contract with Beauty Park and agree to pay all charges that may be incurred by you or on your behalf through the Site and the App, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

  1. Privacy

By submitting your email address in connection with your account, you agree that Beauty Park and its third-party service providers may use your email address to contact you about your Beauty Park account or Content you have submitted to the Sites, including We are B/P, or for other administrative purposes and for any other purpose permitted or required by law. Beauty Park's Privacy Policy provides further detail on the manner in which Beauty Park may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in We are B/P.

  1. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Beauty Park's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. Dispute Resolution

If a dispute should arise between you and Beauty Park, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 800-353-8026 or by sending an email to legal@beautypark.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute. You and Beauty Park agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND BEAUTY PARK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND WE ARE B/P MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

  1. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Beauty Park agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Beauty Park’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Beauty Park may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. If there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Demand for Arbitration must be written with a description of the Claim and the amount of damages sought to be recovered. Send:

  • To Beauty Park in accordance with the Notices provision described herein, or
  • To you at: your last-used billing address or the billing and/or shipping address in your online profile.

Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Beauty Park, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Beauty Park.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Beauty Park in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BEAUTY PARK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Beauty Park at legal@beautypark.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

  1. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

  1. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Beauty Park, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.