Terms of Use

Updated 5/18/2023

The following Terms of Use (“Terms”) govern mymyselfandmascara.com’s (“our”) relationship with users (“you”) in relation to our websites, features, and mobile applications. We suggest that you read the Terms and Privacy Notice carefully before using memyselfandmascara.com. By using memyselfandmascara.com, you agree to these Terms as well as our Privacy Notice.

1.General Terms and Conditions

Minors

Please note that memyselfandmascara.com is designed and intended for those aged 18 and older due to applicable privacy concerns and laws. Please consult a parent or guardian for permission prior to using the website. All persons under the age of 13 are not permitted to register or use the website.

Refusal & Termination

Memyselfandmascara.com reserves the right to refuse or terminate your use of the website if you are in breach of the Terms or Privacy Notice.

Comments

All users may provide comments on memyselfandmascara, where prompted. The thoughts and opinions of our viewers will help us to improve our website and generate better content for our viewers. Please note that memyselfandmascara.com has no obligation to pay for any content submitted by users on our website. We ask that all users participating in the comment’s section of our website to do so in a respectful manner. We reserve the right, in our sole discretion, to delete any comments.

Modifications to Terms

Memyselfandmascara.com may, in its sole discretion, change its Terms from time to time. Any and all changes to our Terms will be reflected on this page and the date of the new version will be stated at the top of the Terms. Users should regularly check this page for any changes to the Terms.

Product and Review Accuracy

All memyselfandmascara.com’s reviews contain honest opinions of products regardless of whether the product was recieved as a promotional gift. Memyselfandmascara.com does it’s best to provide accurate product information from each brand regarding their products. Memyselfandmascara.com is not held responsible for outdated or incorrect information or products.

2.Intellectual Property

Users may not duplicate, copy, distribute, sell, or reproduce the content and materials that are created for memyselfandmascara.com, without first obtaining express written consent from memyselfandmascara.com. Please note that users are permitted to store our photos and product reviews for strictly personal use.

3.Third Party Links and Ads

Some materials and features on memyselfandmascara.com may include third-party links, content, information, and applications. We do not own or operate the third-party websites and we are not responsible for the accuracy of their content, appropriateness, or privacy practices. Such third-party websites are not investigated or monitored by memyselfandmascara.com, and memyselfandmascara.com is not responsible for any third party policies, security measures, products, services, etc. that they provide. Users that leave memyselfandmascara.com and access third party websites or install any third party content, do so at their own risk. Our Terms and Privacy Notice will no longer govern. Users should review the applicable terms, practices, and policies on any third party websites to which users navigate to from our site. Memyselfandmascara.com takes no responsibility whatsoever regarding any purchases made by users that accessed third party websites. Such purchases are exclusively between the user and the applicable third party. Please direct any questions or concerns to the applicable third-party website.

4.Prohibited Activities

You may not access or use memyselfandmascara.com for any other purpose other than that for which it’s intended. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by memyselfandmascara.com. Prohibited activity includes, but is not limited to:

A. criminal or tortious activity
B. using the website in a manner inconsistent with any and all applicable laws and regulations

5.Disputes

Between Users

If there is a dispute between users, or between users and any third party, you understand and agree that memyselfandmascara.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release memyselfandmascara.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or memyselfandmascara.com.

With memyselfandmascara.com

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to memyselfandmascara.com, its features, and/or mobile applications shall be governed and construed by the laws of the State of Florida, excluding such state’s conflicts of law rules. Any legal action of any nature by or against memyselfandmascara.com arising out of or related in any respect to memyselfandmascara.com shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over __ County, State of Florida; subject, however, to the right of memyselfandmascara.com, at memyselfandmascara.com’s sole discretion, to bring an action to seek injunctive relief to enforce this agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to memyselfandmascara.com (including your visit to or use of memyselfandmascara.com) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this agreement.

6.Disclaimers

Memyselfandmascara.com cannot control the nature of all of the content available on the website. By operating memyselfandmascara.com, we do not represent or imply that memyselfandmascara.com endorses any blogs, contributions or other content available on or linked to, including without limitation content hosted on third party websites or provided by third party applications, or that memyselfandmascara.com believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on memyselfandmascara.com or in connection with any contributions. Memyselfandmascara.com is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.

YOU AGREE THAT YOUR USE OF MEMYSELFANDMASCARA.COM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEMYSELFANDMASCARA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MEMYSELFANDMASCARA.COM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMYSELFANDMASCARA.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF IT’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO MEMYSELFANDMASCARA.COM AND MEMYSELFANDMASCARA.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MEMYSELFANDMASCARA.COM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MEMYSELFANDMASCARA.COM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MEMYSELFANDMASCARA.COM. MEMYSELFANDMASCARA.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MEMYSELFANDMASCARA.COM OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEMYSELFANDMASCARA.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. Limitations of Liability

IN NO EVENT SHALL MEMYSELFANDMASCARA.COM OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF MEMYSELFANDMASCARA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MEMYSELFANDMASCARA.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MEMYSELFANDMASCARA.COM DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

8.Indemnity

You agree to defend, indemnify and hold memyselfandmascara.com and it’s respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of contributed content, and/or arising from a breach of this agreement and/or any breach of the representations and warranties set forth above. Notwithstanding the foregoing, memyselfandmascara.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify memyselfandmascara.com, and you agree to cooperate, at your expense, with memyselfandmascara.com’s defense of such claims. Memyselfandmascara.com will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

9.Governing Law

Disputes over issues contained in these Terms will be governed by the laws of the State of Florida.