Welcome You to MakeupPlus!
Your use of MakeupPlus is subject to these Terms of Services (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using MakeupPlus.
“MakeupPlus” refers to a software application developed by and all related services ("Services") provided by or on behalf of MakeupPlus, Inc. and its controlled or affliate companies (Collectively "we", "us", "our").
For all purposes of these Terms, “You” refers to the user of MakeupPlus anywhere in the world, except if you belong in any of the following categories: (i) a user of MakeupPlus in the People's Republic of China; or (ii) a citizen of the People's Republic of China using MakeupPlus anywhere in the world. If you belong in any of these categories, please refer to the MakeupPlus – Terms of Service (PRC Users) for the terms that apply to you.
IF YOU ARE UNDER THE AGE OF 13, YOU MUST NOT USE MAKEUPPLUS. IF YOU ARE BETWEEN THE AGE OF 13 AND 18 OR RELEVANT AGE IN YOUR JURISDICTION WHERE YOU ARE CONSIDERED AS A MINOR, YOUR PARENT OR GUARDIAN, BOTH THEMSELVES AND ON YOUR BEHALF, MUST AGREE TO THESE TERMS BEFORE YOU CAN USE MAKEUPPLUS.
BY INSTALLING, USING OR OTHERWISE ACCESSING MAKEUPPLUS, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS MAKEUPPLUS. THE USE OF MAKEUPPLUS IS VOID WHERE PROHIBITED.
Use of MakeupPlus
Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use MakeupPlus for your own non-commercial purposes. You agree not to use MakeupPlus for any other purpose.
You must comply with these Terms and any policy available in MakeupPlus during your use of MakeupPlus and only use MakeupPlus as permitted by applicable laws and regulations, wherever you may be when you use MakeupPlus. For example, you agree that you will not, under any circumstances, use MakeupPlus to produce, store and make public, any content infringing upon any third party‘s rights to its reputation, portraiture, privacy, design, trademark and any other lawful rights.
Using MakeupPlus does not give you the ownership of our intellectual property rights in MakeupPlus. All rights, title and interest in and to MakeupPlus (including, but not limited to, any program, any future updates, computer code, themes, objects, characters, in-side design and artwork, image setting profile information, trademark visual effects, user interfaces, functionality, methods of operation, trademark, titles, moral rights, documentation and so on) are owned by us and our licensors. We reserve all rights, including, but not limited to, all intellectual property rights or other proprietary rights, in connection with MakeupPlus and the Services. As expressly provided in these Terms, you must accept that you have no rights to our intellectual property, in particular to the use of our trademarks, product names, domain names or any other distinctive brand features.
WE RESERVE THE RIGHT TO DETERMINE WHAT CONDUCT WE DEEM TO BE IN CONFLICT WITH THE SPIRIT OR INTENT OF MAKEUPPLUS AND ALL RELATED SERVICES OR MAKE IMPROPER USE OF MAKEUPPLUS.
Your Content in MakeupPlus
You are solely responsible for Your Content. You must at all times ensure that: (i) you have the rights required to process, submit, share or post Your Content, and to grant us the rights as set out in these Terms; and (ii) our use of Your Content in accordance with these Terms does not infringe upon or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Advertising Content in MakeupPlus
Suspension and Termination
Although it is our intention for the Services in MakeupPlus to be available as much as possible, there will be occasions when the Services in MakeupPlus may be at our sole discretion suspended or terminated, including, but not limited to, for scheduled maintenance or upgrades, for emergency repairs, for our sole business strategy shift. Where reasonably practicable, we will give you notice of any suspension or termination. Notwithstanding the abovementioned, we will under no circumstances be held liable to you for any loss and cost arising from or in connection with the suspension and/or termination of our Services in MakeupPlus. We recommend that you keep a backup copy of Your Content at all times.
Warranties and Disclaimer
MAKEUPPLUS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER WE NOR OUR AFFILIATE COMPANIES NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR UNDERTAKINGS OF ANY KIND WHATSOEVER, EXPLICITLY OR IMPLIED, AS TO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF SERVICES. TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS, WE EXCLUDE ALL WARRANTIES.
Liability For MakeupPlus
TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS, WE SHALL IN NO EVENT BE LIABLE TO YOU FOR DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF GOODWILL OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES IN CONNECTION WITH MAKEUPPLUS AND THE SERVICES, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE AGGREGATE LIABILITY OF MAKEUPPLUS FOR ALL CLAIMS FOR ANY LOSS, DAMAGE OR INDEMNITY WHATSOEVER RESULTING FROM YOUR USE OF MAKEUPPLUS SHALL IN NO CASE EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF MAKEUPPLUS TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM.
Governing Law and Dispute Resolution
These Terms, including, but not limited to, its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by the law of the Hong Kong Special Administrative Region, without giving effect to the principles of conflict of law. Any dispute arising from, or in connection with the Contract shall be first settled through friendly negotiation between You and us. In the case where no settlement to disputes can be reached through amicable negotiation, the disputes shall then be submitted to Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. The arbitration proceedings will be conducted in English. The arbitral award is final and binding upon both parties. The arbitration fees shall be borne by the losing one except otherwise awarded by the arbitration commission.
These Terms may be translated in various languages and the English version of these Terms shall prevail and override.
Special Terms for USA User
If you are a user of MakeupPlus in the United States of America, the following terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency that occurs:
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
EACH OF YOU AND US HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Amended and Effective Date: 2017-1-24