Effective Date: May 21, 2018
SECTION 1 – REGISTRATION ON OUR SITE
Registration is not required to use the Temptalia Service. Registration is offered as one of our services so we can gather certain information about you and you and your preferences to provide additional features more personalized to you. While we know how much young people love and enjoy makeup, if you are not yet the age of majority in your state, province, or country, you may only register on the Temptalia Service with the consent of your parent or guardian.
You are authorized to have one (1) Personal account regardless of the number of email accounts you may have.
You may register with us by providing your email and password or by logging in through a Facebook login feature. If you register and provide a password, we do not have access to that password. If you forget your account login, you may recover that information by following the prompts. If you registered through a Facebook login, if you disconnect your Facebook account or change information about your Facebook login you may be disconnected from you Temptalia Services Account. We do not receive your Facebook login and we will never post to your Facebook account.
Your account is for you, so please do not impersonate another person (e.g. a celebrity) or use someone else’s account. Doing either of these is not cool and we reserve the right to deactivate the account or take other action as we deem necessary.
You are responsible for maintaining confidentiality regarding your account and password login information. In the event of a security breach, you must notify us of any unauthorized use of your account.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse, suspend, or terminate your use or access to the Temptalia Service for any reason at any time to protect the integrity and/or safety of our Services or other users.
You understand that anything you post may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We work hard to bring you the content on the Temptalia Service. You may not reproduce, copy, sell, resell, duplicate, create derivative works, distribute, exploit, or otherwise make use of any content, materials, or databases from the Temptalia Service without our express written permission. You are permitted to keep information for your own personal, non-commercial purposes.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we take steps to ensure that all information created by us for the Temptalia service is accurate and correct, we’re not perfect. In addition, while information may be accurate and complete at the time of posting, over time it may become dated and no longer reflect the current status. For example, some color palettes may be seasonal or limited edition, prices may change, or brands may discontinue a product. We are not responsible if information made available on this site is not accurate, complete or current at the time you read it. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.
SECTION 4 – MODIFICATIONS TO THE SERVICE
Throughout the Temptalia Service you may find prices for products. We do not sell any products, but we do provide you with general pricing information which are accurate at the time of posting. Any prices for products shown on the website are subject to change.
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.
SECTION 5 – THIRD-PARTY LINKS
Certain content, products and services available on our website may include materials from third-parties.
To bring you the best, most up-to-date, and fantastic content, we not only share information from select third parties, but we also partner with certain third-party shopping sites. These third-party links direct you to third-party websites that we do not own or operate. We are not responsible for examining or evaluating the content or accuracy of those sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you would like to share your thoughts on how we can improve the Temptalia Service, including , but not limited to, creative ideas, suggestions, proposals, plans, or other materials, you do so with the understanding that we have no obligation to maintain any content or submission in confidence; to pay compensation for any content or submission; or to respond to any content or submission.
SECTION 7 – COMMENT POLICY
We created the Temptalia Service to bring our love of makeup to you. We want you to share your comments and feedback. However, please consider what you share before posting.
Once public, your comment is available for anyone to see and may be shared, copied, indexed or archived.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 –– PROHIBITED USES
In addition to other prohibitions provided in these Terms, we request that you refrain from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual
- orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; to interfere with or circumvent the security features of the Temptalia Service or any related website, other websites, or the Internet; or
- for any commercial use or purpose.
We reserve the right to terminate your use of the Service for violating any of these prohibited uses.
SECTION 10 – DISPUTES
You agree to resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms exclusively in the U.S. District Court for the District of Arizona or a state court located in Maricopa County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Arizona will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of laws provisions.
If anyone brings a claim against us related to your actions, content or information on the Temptalia Service you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter. We are not responsible for the conduct, whether online or offline, of any user.
THE TEMPTALIA SERVICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE TEMPTALIA SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE TEMPTALIA SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TEMPTALIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 11 – OTHER
These Terms are an agreement between you and Temptalia, LLC.
- These Terms makes up the entire agreement between the parties regarding the Temptalia Serivce, and supersedes any prior agreements.
- If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Temptalia Service.
SECTION 13 – CONTACT INFORMATION