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Effective Date: December 30, 2022
TERMS OF USE
YOU MUST BE AT LEAST 13 YEARS OF AGE OR WHO HAVE THE ASSISTANCE AND CONSENT OF
YOUR PARENT OR GUARDIAN AND RESIDE IN THE UNITED STATES OR ANY OF ITS
TERRITORIES OR POSSESSIONS OR CANADA IN ORDER TO USE THIS WEBSITE. IF YOU ARE
NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT USE OR INTERACT WITH THIS WEBSITE.
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE
USING WWW.IPSY.COM (THE "SITE") OR ANY SERVICE OFFERED BY PERSONALIZED BEAUTY
DISCOVERY, INC. ("IPSY," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU
ARE NOT AUTHORIZED TO USE THE SITE OR ANY IPSY SERVICE. BY VISITING, BROWSING,
OR USING THE SITE OR ANY IPSY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT
INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY
REFERENCE INTO IT.
This Agreement applies to all Site visitors and users of the Site or IPSY
Services. If you don't agree with any term or condition in this Agreement,
please don't use the Site or any IPSY Service. If you have any questions, please
refer to the Site's FAQs at help.ipsy.com.
1. WELCOME TO IPSY!
IPSY operates an online beauty community on the Site and on social
networking platforms controlled by IPSY such as the IPSY Facebook ® page,
Instagram ® page, Pinterest ® boards, Twitter ® feed ,the YouTube channel
and TikTok (collectively, the "IPSY Online Community"). Our community is a
place for you to express your unique beauty.
If you take the beauty quiz on our Site and register on ipsy.com you become
an "Ipster". There is no payment required to become an Ipster.
You are not required to use social media at all to become an Ipster. We
hope you share your unique beauty with other Ipsters in the IPSY Online
Community, but you are not required to do so.
IPSY offers its community members six beauty services: Glam Bag / Glam Bag
Plus / Glam Bag Ultimate Subscriptions, Points, IPSY Offers, and IPSY
Shopper (collectively, the "IPSY Services"). By subscribing to either Glam
Bag or Glam Bag Plus or both, you become an IPSY Member.
2. Subscription Services
1. Glam Bag, Glam Bag Plus and Glam Bag X Subscriptions
Ipsters residing in the 50 United States, the District of Columbia,
("United States") or any U.S. Territory may subscribe to receive monthly
cosmetics bags containing full-size or deluxe sample-size beauty
products ("Glam Bag"), beauty boxes containing full-size products ("Glam
Bag Plus") or quarterly beauty boxes containing seven to eight full-size
and beauty products or tools (“Glam Bag X). IPSY offers different
recurring payment options to subscribe to the Glam Bag or Glam Bag Plus
Memberships: (1) an automatically billed monthly subscription ("Monthly
Membership"); (2) an automatically billed every-other month subscription
(Bi-Monthly Membership) and (3) an automatically billed annual
subscription ("Annual Membership"). You can subscribe here:
www.ipsy.com/subscribe. There may be a waitlist to receive your first
Glam Bag/Glam Bag Plus/Glam Bag X (collectively, “Glam Bag” or "Glam
Bags"). You will not be billed until you are taken off the waitlist and
a Glam Bag is being prepared for you. Once billed, you can expect to
receive your Glam Bag the following calendar month. You can read more
about the waitlist below.
Glam Bag X is a quarterly upgrade to either your Monthly or Annual
Membership. Glam Bag X is not available to you if you receive your Glam
Bag every other month. You must be a current Glam Bag or a Glam Bag Plus
Member in order to subscribe to Glam Bag X. When you subscribe to Glam
Bag X, you will automatically be billed the then current fee for Glam
Bag X every three months (February, May, August and November) instead of
the regular monthly fee for your Glam Bag or Glam Bag Plus.
Glam Bag / Glam Bag Plus Contents / Glam Bag X Contents: The Glam Bag
and Glam Bag Plus typically contain 5 beauty items. The Glam Bag X
contains 7 to 8 full-size beauty items. The contents of each of the Glam
Bags will vary from month to month. We attempt to customize your Glam
Bags based on your IPSY beauty profile, your product reviews and other
feedback you choose to provide to us from time to time, but we make no
guarantees that you will receive a particular product.
Monthly Subscription: By purchasing a Monthly Subscription, you agree to
an initial and recurring Monthly Subscription fee at the then-current
Monthly Subscription rate, and you accept responsibility for all
recurring charges until you cancel your subscription. You may cancel
your Monthly Subscription at any time, subject to the terms of our
cancellation policy.
AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and are off the
waitlist, IPSY will automatically process your Monthly Subscription fee
in the next billing cycle. IPSY will continue to automatically process
your Monthly Subscription fee each month at the then-current Monthly
Subscription rate, until you cancel your subscription. We explain how to
cancel your Monthly Subscription below at the Section "Cancellation
Policy".
Annual Subscription: By purchasing an Annual Subscription, you agree to
an initial pre-payment for one full year of service (after you are off
the waitlist). After one year and annually thereafter, you will be
billed a recurring Annual Subscription renewal fee at the then-current
Annual Subscription rate. We will notify you before the renewal fee is
billed. You may cancel your Annual Subscription anytime before the next
billing cycle, subject to the terms of our cancellation policy.
AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual
Subscription renewal fee in the first month of your next Annual
Subscription.
For example, let's say you purchased an Annual Subscription beginning in
May 2020 and ending in April 2021. We will bill you for the second year
(May 2021 to April 2022) in May 2021, unless you cancel your Annual
Subscription before May 2021. You accept responsibility for all
recurring charges prior to cancellation. Once you subscribe, IPSY will
automatically process your Annual Subscription fee at the then-current
Annual Subscription rate. We explain how to cancel your Annual
Subscription below at the Section "Cancellation Policy".
Waitlist: Our Glam Bags are in high demand so you may be placed on a
waitlist when you first subscribe to the program. We try to convert
members from the waitlist into active members as quickly as possible,
but the timing depends on a number of important factors including our
ability to find and source the best and highest-quality brands and
products that successfully meet the personal interests and needs
identified in each new subscriber's beauty profile. We never want to
compromise the caliber or experience of the Glam Bag program.
Skip the Waitlist: At different points each month, we communicate
through email and social media channels, such as the IPSY Facebook page
or Instagram, special promotions to skip the waitlist. These promotions
are intended to reward our biggest fans for helping to spread the word
about IPSY through social media. Skipping the waitlist is optional and
is at each IPSTER's discretion.
Cancellation Policy: You may cancel your Monthly Subscription at any
time by logging into your account, clicking on Account/Edit Account
Settings/Membership, and following the cancellation procedures described
there. If you need help, feel free to contact us using this link:
help.ipsy.com If you are on the waitlist you cannot cancel by logging
into your account, so please email us using the same link to cancel your
waitlist position for the Monthly Subscription. If you cancel your
Monthly Subscription, the cancellation will take effect for your next
Glam Bag monthly billing cycle. You will not be eligible for a refund
for monthly subscription fees paid prior to the month the cancellation
takes effect.
Cancellation Policy for Annual Subscription Renewals Cancellation Policy
for Annual Subscription Renewals: Annual Subscription fees are
non-refundable. You may cancel your Annual Subscription renewal at any
time after you are billed for the then-current year and before you are
billed for the next year, by logging into your account, clicking on
Account/Edit Account Settings/Membership, and following the cancellation
procedures or by contacting us using this link: help.ipsy.com
If you cancel your Glam Bag Subscription you can re-subscribe any time,
subject to the waitlist.
No Returns: You may not return any Glam Bag you receive. If you have
concerns about the Glam Bag you have received or any of the products in
it, please contact IPSY Care by visiting: help.ipsy.com. We will work
with you to address your concerns.
2. Limits on Transactions: Products received through your Glam Bag
subscription are for individual use only, and we do not authorize the
purchase of such merchandise for resale purposes. We reserve the right
to limit or prohibit orders that, in our judgment, appear to be placed
by dealers, resellers or distributors. To enforce this policy, we may,
in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed
by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event
we make a change to or cancel an order, we will attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made.
3. Refreshments
Refreshments offers a monthly subscription service for self-care
products you use every day. This is a separate personalized membership
that you can access through your IPSY Membership and it is billed
separately from your Glam Bag. Banish boring care routines with
superstar essentials made by this sister brand to IPSY. Learn more at
www.refreshments.com.
You’ll receive free shipping on your Refreshments products by
subscribing to regularly recurring orders that will ship around the 15th
of the month. Just click on the Refreshments tab at IPSY.com or on the
IPSY app and choose your products.
Not a Glam Bag Member anymore? No problem! You can still subscribe to
Refreshments to receive the products you want - and even receive free
shipping.
MEMBERSHIP TERMS: Once you subscribe and are off the waitlist (if
applicable), Refreshments will automatically process your Membership fee
in the next billing cycle. Refreshments will continue to automatically
process your Membership fee each month based on the products you select
to be included in your shipment, until you cancel your Membership.
You may view, modify or delete products in your monthly order at any
time during the month before your order ships by clicking on the
Refreshments tab at IPSY.com or on the IPSY app. You are in control of
your orders. You choose when and how often you receive certain
Refreshments products. You may update your recurring monthly orders by
adding, removing or skipping products before the last day of each month.
For example, you may choose to receive makeup wipes every month, hand
cream every other month and body wash every three months. From time to
time, we will recommend items we think you’ll love by adding them to
your recurring shipments on or around the 15th of the month. We will
notify you if we have added something before you are billed. You may
choose to keep the products in your recurring shipments or you may
remove them. You will only be charged for the products that remain in
your order after 12 noon Pacific Time on the last day of the month. The
monthly recurring charges for Refreshments products will vary each month
depending on the products you decide to keep in your order. If you do
not make any changes before the billing date, you will automatically be
charged for the order.
Need a break? You may skip products or cancel the Refreshments
subscription at any time by logging in to your IPSY.com account and
visiting the “Account” section or by sending an email to
refreshments-support@ipsy.com.
Cancellation for Membership: Policy: You may cancel your Membership at
any time by logging into your account, clicking on Account/Edit Account
Settings/Membership, and following the cancellation procedures described
there. If you need help, please email us at
refreshments-support@ipsy.com . If you are on the waitlist you cannot
cancel by logging into your account, so please email us at r
refreshments-support@ipsy.com to cancel your waitlist position for the
Membership. If you cancel your Membership, the cancellation will take
effect for your next Refreshments monthly billing cycle. You will not be
eligible for a refund for monthly subscription fees paid prior to the
month the cancellation takes effect. If you cancel your Membership you
can re-subscribe any time, subject to the waitlist.
Refreshments products are available in the U.S. and U.S. Territories
only. Taxes will apply to all orders shipped within the U.S.
3. Other Offerings
1. Add-ons
As an IPSY Member, you will have the opportunity to select additional
products to be included in your Glam Bags for an additional price. These
"add-on" products will be available for a limited time after the Spoiler
Alert for your Glam Bag goes live or until products sell out, whichever
is sooner. In order to purchase the available add-ons, visit your
account at the beginning of the month and click on "Spoiler Alert" or
just click through the Spoiler Alert email you receive. Once you view
the products in your Glam Bag, you can view the available add-ons and
the cost for each. You may choose which add-on products to purchase or
none at all. Once you submit your order, the cost for the add-on
products will be charged to the payment method you have on file. The
add-ons you purchase, if any, will be shipped with your Glam Bag to the
shipping address on file. Because add-ons require additional steps to
prepare your Glam Bags, purchasing add-ons may cause a slight delay in
the shipment process.
Add-ons can only be purchased and added to your Glam Bags once per
month. Once an add-on purchase is submitted, you cannot go back and
purchase more until the following month. Add-ons are non-refundable and
non-exchangeable once your Glam Bag is ready for shipment. The
availability of any add-on product is based on inventory. Once an add-on
product is sold out, it will not be available again that month.
2. Points Program
Ipsters residing in the United States or Canada may earn points
redeemable on the Site ("Points") for certain rewards products. You are
automatically enrolled in the Points program when you become an active
IPSY Member by subscribing to one of the Glam Bags or by getting on the
waitlist to subscribe. You can find our Points program here
www.ipsy.com/points.
Earning Points: To earn Points, you must be an active IPSY Member or on
the waitlist. You can earn Points in a variety of ways, including
following IPSY’s social media channels, reviewing products and referring
your friends to IPSY. Check out the Site's Points tab for more
information.
Refer a Friend: You may earn points by referring a friend to join IPSY
through one of the referral methods described at the Site's Points tab.
Please only refer people whom you personally know. You may be
disqualified from the Points program and forfeit all of your accumulated
points if IPSY learns that you are using the referral tools to send spam
to people you don't know. While you may send referral messages to as
many friends as you like, you may only earn points for a maximum of 40
friends per calendar year who join IPSY from your referral through
email, text messages, or direct messaging through Facebook or Twitter.
For purposes of this program, a calendar year is January 1 to December
31.
Points Balance: You can check your Points balance at any time by signing
into your IPSY account and checking your Points tab on the Site.
Redeeming Points: To redeem Points you must have an active IPSY
Membership. If you are on the waitlist you can't redeem Points until you
are off the waitlist and purchase an active Glam Bag Subscription. Any
earned Points remain in your account until they expire. Points are
redeemable towards rewards products ("Rewards") available on the Site as
long as you have sufficient points for a Reward. Points can be used to
redeem only one of each type of Reward. Redemption values will vary. The
maximum number of Rewards that can be collected is nine per calendar
month per IPSY Member. Your Points have zero cash value, so you can't
redeem them for cash or credit. To redeem your Points, simply log into
your account, go to the Points tab and view the Rewards available at
that time. If you see something you like and you have earned the
required number of Points, click the button that says "REDEEM". When you
click this button, your Points will be used, and the Reward you have
chosen will be shipped in your next Glam Bag shipping cycle. Please note
that adding a product through Points may cause a delay in your Glam Bag
Shipment.
Expiration of Points: Points expire one year from the date they were
first earned even if you have an active Membership or on the waitlist.
If you don't redeem your Points within this time frame, you will
automatically forfeit them. Your Points Activity shows you the dates on
which you earned your Points.
Limited Availability of Rewards: Rewards quantities are limited and are
available only while supplies last.
No Returns: Rewards earned by redeeming points are not returnable for a
refund or credit. Since Points have no cash value, we will not issue any
cash or credit for them.
Effect of Membership Cancellation: If you cancel your Membership, we
will save your Points until their expiration date one year from the date
they were first earned. If you re-subscribe to the membership before the
Points expire, your Points will be right there waiting for you, though
they will be subject to expiration one year from the date they were
first earned (see "Expiration of Points" Section above). If you cancel
your Membership before we are able to ship you a Reward you requested,
then we will refund the Points used for that Reward to your account.
Questions: If you have any questions about the Points program, please
visit us at help.ipsy.com.
3. IPSY Offers
IPSY uncovers amazing beauty finds from brands we love and offers them
for purchase on the Site to Ipsters residing in the United States only.
You can find IPSY Offers on the Shopper tab at IPSY.com.
How to purchase an IPSY Offer: Go to www.ipsy.com/shop to find IPSY
Offers. We also post IPSY Offers on our social media platforms on a
regular basis, so keep an eye out for great products at great prices!
You do not need to be an Ipster to purchase IPSY Offers.
Limited Availability: IPSY Offers are available for purchase only during
the Offer period and only while supplies last, on a first-come,
first-served basis. Quantities will be very limited.
Receiving Your IPSY Offer: If you purchase a particular IPSY Offer, you
will receive an email from IPSY confirming all of the details of your
order ("Confirmation Email"). Orders you don't cancel (see "Cancellation
of IPSY Offer" Section below) will be shipped to the address on file in
your IPSY account. We ship by standard ground shipping. Certain IPSY
Offers may qualify for discounted or free shipping; all such IPSY Offers
will be clearly labeled.
Cancellation of IPSY Offer: You may cancel your IPSY Offer order after
receiving the Confirmation Email, but only if we have not shipped the
Offer to you yet. You must write to us using this link help.ipsy.com to
cancel your IPSY Offer.
Returns: If you are not entirely happy with your IPSY Offer, you may
return it to IPSY within 30 days of your purchase. All returned IPSY
Offers must be unused, in their original packaging and in new and
sellable condition. IPSY will refund the purchase price back to the
credit card you used, less a USD$5.00 restocking fee. Refunds may take
up to ten business days to process. Return shipping and handling are
free when you contact IPSY Care and use the return label that we
provide. We will not refund original shipping charges unless an error on
our part caused the return. Because of the limited quantities of IPSY
Offers, there will be no exchanges.
Questions: If you have any questions about IPSY Offers, please see our
FAQs at: help.ipsy.com
Limits on Transactions: IPSY Offers are for individual use, and we do
not authorize the purchase of our merchandise for resale purposes. We
reserve the right to limit or prohibit orders that, in our judgment,
appear to be placed by dealers, resellers or distributors. To enforce
this policy, we may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping
address. In the event we make a change to or cancel an order, we will
attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.
Pricing and Use in the United States.: Prices are in United States
("U.S.") currency. All information we collect and information related to
IPSY Offer orders is processed within the United States. Because product
information is provided according to U.S. standards, we make no
guarantees that IPSY Offers are appropriate or available for use in
locations outside the U.S. You agree to comply with all applicable laws,
rules and regulations in connection with your use of IPSY Offers.
4. SHIPPING AND RISK OF LOSS: A third-party carrier will ship any merchandise
you purchase from our Site. Title and risk of loss for such merchandise
will pass to you upon o ur delivery to the carrier.
Customs, Duties and Taxes: When ordering from IPSY you're responsible for
assuring the product can be lawfully imported to the destination.
Recipients of international shipments may be subject to import taxes, fees,
and customs duties (hereafter, "Service Fees"), levied by the customs
office of your shipping destination. Service Fees vary according to the
customs regulations of the destination country. Components that play a role
in fee calculations are (among others):
* Product category and price
* Shipping costs and package weight
* Customs clearance
* Import Taxes based on custom duty amounts
Customs policies vary widely, and some countries don't charge Service fees
for shipments that fall below a minimum value. Contact the customs office
of the destination country for more information.
To simplify the customs clearance process on products shipped by BFA, you
can see Service Fees calculation during checkout, for eligible
destinations. For more information, see IPSY Service Fee, below.
Import Regulations: You are the importer of record and must comply with all
applicable laws and regulations of the destination country. Customs delays
can affect original delivery estimates.
5. PRODUCT MANUFACTURE AND INGREDIENTS
All Glam Bag items and products distributed through Offers and Points are
manufactured by their respective brands. You should read and strictly
follow all product labels, packaging inserts and instructions, and
manufacturer directions and warnings before using any product. We review
the ingredients in each beauty product we distribute to confirm the
ingredients comply with industry standards. It is your responsibility to
review the ingredients as well, to avoid allergic reactions or other side
effects personal to you.
U.S. residents who want to report a concern regarding any cosmetic product
obtained from any source can contact the U.S. Food and Drug Administration
at
https://www.fda.gov/Cosmetics/ComplianceEnforcement/AdverseEventReporting/default.htm.
Canadian residents can complete a Consumer Product Incident Report Form at
www.hc-sc.gc.ca
Limitations For products shipped internationally, please note that any
manufacturer warranty may not be valid; manufacturer service options may
not be available; product manuals, instructions and safety warning many not
be destination country languages; the products (and accompanying materials)
may not be designed in accordance with destination country standards,
specifications, and labeling requirements; and the products may not conform
to destination country voltage and other electrical standards (requiring
use of an adapter or converter if appropriate). You are responsible for
assuring that the product can be lawfully imported to the destination
country. When ordering from IPSY.com, the recipient is the importer or
records and must comply with all laws and regulations of the destination
country.
6. ELIGIBILITY TO USE THE SITE AND IPSY SERVICES
General. You may access the Site from anywhere in the world without
incurring any fees or becoming an Ipster. However, you will be required to
join IPSY and must be a legal resident of the United States or Canada to
use certain Site features and IPSY Services.
Residency. The Site is available to anyone in the world, but the IPSY
Services are limited to legal residents of the United States or Canada. The
Glam Bag Memberships, Refreshments membership and the Points program are
available to Ipsters residing in the United States or Canada. Purchases
made through Shopper are only available to Ipsters residing in the United
States. You must reside in the United States to be eligible for IPSY
Offers. Please note that we may sell items or include products in Glam Bags
that are classified as ORM-D, which prevents us from shipping them to
certain locations. We make no guarantee that you will be eligible to
receive every product we sell or distribute.
Fees. It's free to use the Site and earn Points, but the Glam Bag
Memberships, Refreshments membership, and IPSY Offers require that you pay
a fee or make a purchase.
Service Fees. PSY itemizes customs duties, taxes and fees ("Service Fees")
calculations during checkout and customs clearance on your behalf.
When you order products from IPSY for shipment to destinations outside of
the U.S., a Service Fee may be levied on those items in your order. With
your authorization, these funds are used by the carrier or another agent to
pay the Processing\Admin\Service Fee on your behalf (or the recipient's
behalf) to the appropriate authorities of the destination. The payment of
these fees is the responsibility of the importer and is levied based on the
laws of the destination into which the products are being shipped.
The Service Fee that is calculated at checkout is the taxes and/or duties
that may apply. It can vary depending on the number of items you purchase
and the destination. The Service Fees may not represent the actual amount
paid to the customs authorities. The duty or tax rate is often determined
by the classification of a good, which varies by destination. If you paid a
Service Fee with your order, no additional import fees will be charged to
you. Contact our Care Team if you need clarification.
Duties are calculated according to the shipping destination's customs
regulations. Typically, this calculation is based on our product price
before any promotions. This allows destination country customs authorities
to obtain the accurate import duties owed to them based on the actual value
of the goods. For more information, see Customs, Duties and Taxes, above.
Age You are not authorized to access or use the Site or any IPSY Service if
you are under 13 years old. Individuals under 18 years old must at all
times use the Site and IPSY Services only in conjunction with and under the
supervision of a parent, or the supervision of a legal guardian who is at
least 18 years old. In all cases, that parent or legal guardian is the Site
user (or Site member or IPSY Glam Bag Member, if applicable) and will be
responsible for any and all use of the Site and IPSY Services by the
individual under 18
Compliance To be eligible to use the Site and IPSY Services, you must
comply with all local laws regarding online conduct and acceptable content
and agree to pay all applicable taxes. Use of the Site is void where
prohibited by law. You must also comply with these Terms of Use, the IPSY
policy documents listed below (if applicable to your use of the Site or
IPSY Services), and all other operating rules, policies, and procedures
that IPSY may publish from time to time on the Site, each of which is
incorporated herein by reference and each of which IPSY may update from
time to time without notice to you:
1. IPSY Privacy Policy
2. IPSY Copyright and Intellectual Property Policy
3. IPSY Community Guidelines
Certain IPSY Services may be subject to additional terms and conditions
that IPSY may post on the Site from time to time. To be eligible for such
services, you must comply with those additional terms and conditions, which
are incorporated by reference into this Agreement. See Section 8 below for
more information regarding modifications to these Terms of Use.
IPSY's Right to Revoke, Suspend, or Restrict Eligibility: IPSY reserves the
right, in its sole discretion, to cancel unconfirmed or inactive accounts.
IPSY may, in its sole discretion, for any reason, at any time, revoke,
suspend, or restrict your access to the Site or any IPSY Service. If IPSY
bans you from the Site or any IPSY Service, you may not return to the Site
or use that IPSY Service for any reason or in any manner including with a
new username or identity. In the event that you return, or attempt to
return, to the Site or use the IPSY Service after you've been banned, you
will be deemed to have breached this Agreement, and IPSY reserves the right
to pursue all rights and remedies available at law or in equity with
respect to such breach.
7. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE IPSY SERVICES
Member Account, Password, and Security: You are responsible for maintaining
the confidentiality of your password and account, if any. You agree to: (a)
immediately notify IPSY of any unauthorized use of your password or account
or any other security breach, and (b) ensure that you exit from your
account at the end of each Site session. IPSY will not be liable for any
loss or damage arising from your failure to comply with this Section.
Account Information: In the course of your use of the Site or IPSY
Services, we may ask you for certain information including your name, email
address, mailing address and credit card information (collectively,
"Account Information"). Your Account Information must be up-to-date and
accurate at all times. You agree that you are solely responsible for the
accuracy and content of your Account Information. IPSY's Privacy Policy,
which is incorporated herein by reference, explains what information we
collect from you, how we collect it, how we use it, and how we protect it.
SMS Terms: By providing your mobile number and opting into receiving text
messaging (SMS Messages) –you allow IPSY to contact you through the phone
number you provide. When you opt-in to SMS Messaging Services, we will send
you an SMS message to confirm your signup. Once confirmed, We will text you
about new products, specials and promotions such as “sneak peaks” or when
your subscription ships. Message frequency varies. You may cancel the SMS
Service at any time. Reply “STOP” to cancel and “HELP” for assistance. For
assistance, please contact support@ipsy.com. The SMS Messaging Service is
provided by participating third-party mobile phone/wireless carriers.
Message and data rates may apply. If you have any questions regarding your
text or data plan, please contact your mobile phone/wireless carrier.
Carriers are not liable for delayed or undelivered messages.Information you
provide in your Account, including email address and mobile number, are
subject to the terms of our Privacy Policy.
Account Transfer Prohibited: You may not transfer or sell your IPSY account
or username to any other party. You are fully responsible for all activity
of your IPSY account and username.
General Practices Regarding Site Use and Storage: You acknowledge that IPSY
may establish general practices and limits concerning Site use and storage.
You agree that IPSY has no responsibility or liability for the deletion,
failure to delete or failure to store any reviews, product designs, data or
other content the Site maintains or transmits. You acknowledge that IPSY
may, in its sole discretion, change these general practices and limits at
any time, with or without notice to you.
Site Content: Other than content submitted to the IPSY Online Community by
users ("User Content"), we own, exclusively, all rights, title, and
interest in and to the Site including all content, code, data, materials,
the look and feel, design, and organization of the Site, and the
compilation of the Site content, code, data, and materials (collectively,
"Site Content"), including all copyrights, trademark rights, patent rights,
database rights, moral rights, sui generis rights, and other intellectual
property and proprietary rights therein. To the extent that we don't own
any Site Content, we have secured a license from the owner or licensor of
such Site Content granting us the right to display it on the Site. Your use
of the Site does not grant you ownership of any kind in any Site Content.
Except as provided in these Terms of Use, you agree not to use, modify,
reproduce, distribute, sell, license, or otherwise exploit any Site Content
without IPSY's prior written permission.
You may access and view the Site Content and make single copies or prints
of the Site Content at your own sole risk, only for your personal,
non-commercial, and internal use.
User Content: You must own all User Content you submit to any IPSY Online
Community or you must have the copyright owner's written permission to use
it. You alone are responsible for the content and consequences of each of
your activities in the IPSY Online Community and you submit User Content at
your own risk.
IPSY does not claim ownership rights in your User Content. When you submit
User Content to any IPSY Online Community you grant us a license to use
such content, but you retain ownership.
By uploading User Content on the Site, you agree to the IPSY User Generated
Content Terms of Use and hereby grant IPSY a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, and sublicensable (through multiple
tiers) right to exercise the copyright, publicity and database rights you
have in the User Content, in any form, media, or technology now known or
later developed. You agree to allow IPSY to store, translate or reformat
your User Content on the Site and display your User Content on the Site in
any way IPSY chooses, for any purpose whatsoever, including for promotional
or commercial purposes, without compensation or accounting to you and
without further recourse by you. We will only use personal information in
accordance with our Privacy Policy.
Re-Posting User Content: It's possible for an outside website or third
party to re-post your User Content. You agree to hold IPSY harmless for any
dispute concerning such re-posting. IPSY assumes no responsibility for any
third party's intellectual property infringement of User Content.
Prohibited User Conduct: You agree that while using the Site and IPSY
Services, you shall not:
* submit any content to the Site that is false, defamatory, objectionable
or otherwise illegal;
* impersonate any person or entity, whether actual or fictitious, including
anyone from IPSY, its affiliates, or another IPSTER;
* misrepresent your affiliation with any third party;
* post or republish third party advertising on any part of the IPSY Online
Community;
* attempt to gain unauthorized access to other computer systems through the
Site;
* use the Site, IPSY Services or any part of the IPSY Online Community in
any unlawful, harassing, or intimidating manner, or in any manner that
harms us or anyone else, as determined in our sole discretion;
* use the Site or any part of the IPSY Online Community for purposes of
exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally
identifiable information or otherwise;
* transmit or procure the sending of any advertising or promotional
material without our prior written consent, including any “junk mail”,
“chain letter” or “spam” or any other similar solicitation;
* engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Site or IPSY Online Community or which, as determined by
us in our sole discretion, may harm IPSY or users of the Site or expose
them to liability;
* Use spiders, bots or any other type of crawling or collecting technology
to scrape, gather or compile information from the Site; or
* launch any third party attack, hack, penetration, denial of service
attack or breach any third party website, service or internet asset.
Information on the IPSY Online Community: We control and operate the Site
from the United States. IPSY does not control User Content postings to the
remainder of the IPSY Online Community. The views expressed in the IPSY
Online Community do not necessarily reflect or represent the views of IPSY,
its staff or stylists.
IPSY reserves the right, but does not and shall not have an obligation, to
monitor and review all User Content in the IPSY Online Community and to
edit or remove any information or materials that are in violation of this
Agreement or applicable law. IPSY also reserves the right at all times to
disclose any information as necessary or advisable to satisfy any law,
regulation, or government request.
You may find some User Content to be offensive or inaccurate. If you have
concerns regarding User Content posted by others, please contact IPSY Care
at help.ipsy.com. We will review your concerns in good faith. If you want
us to remove User Content posted by you, please contact IPSY Care at
help.ipsy.com. We will remove your User Content as soon as reasonably
possible. Please also review our Copyright and Intellectual Property
Policy.
Linking to the Site: You agree that any time you link to the Site from
another website, such link must connect to the full version of an HTML
formatted Site page. You are not permitted to link directly to any image
hosted on the Site, such as using an "in-line" linking method to cause the
image hosted by us to be displayed on another Site. You agree not to link
to the Site in any manner such that the Site or any Site page is "framed,"
surrounded, or obfuscated by any third-party content, materials, or
branding. We reserve all of our rights under the law to insist that any
link to the Site be discontinued and that the link open in a new browser
window. We may revoke your right to link to the Site from any other site at
any time upon written notice to you.
Fees: Prices are quoted in U.S. dollars. You agree to pay in full the price
for each IPSY Service involving your purchase of a product by credit card,
debit card, or by any other payment means acceptable to IPSY as each
payment, if any, is due. You agree to pay all applicable taxes, fees and
custom charges, if any. If your payment method on file fails for any
reason, IPSY may continually attempt to charge such payment method until
payment is successful.
AUTOMATIC RENEWAL TERMS: For IPSY Services subject to automatic renewal,
you agree that IPSY may submit periodic charges (monthly or yearly) until
you provide notice that you wish to terminate the authorization or change
your payment method. You agree that such notice will not affect charges
submitted before IPSY could reasonably act.
Our total price for any IPSY Service involving your purchase of a product
(Glam Bag Memberships and IPSY Offers services) will include the price of
the product plus any applicable sales taxes. Such sales taxes are
calculated based on the shipping address on file with IPSY and the sales
tax rate in effect at the time of purchase. We will charge tax only in
jurisdictions where the goods sold over the Internet are taxable. Further,
Points redeemable for Rewards may be taxable, depending on the value of the
item and any tax laws applicable to you. You are solely responsible for
reporting such items on your tax returns and for paying any associated tax
liability.
Unless otherwise indicated, our total price for any IPSY Service involving
your purchase of a product will include shipping and handling fees. Glam
Bag shipments to Canada are subject to a shipping fee.
Professional Advice Disclaimer: Any information we provide to you,
including product descriptions and instructions, is for informational
purposes only. Use of the Site is not meant to serve as a substitute for
professional advice. You should read and strictly follow all product
labels, packaging inserts and instructions, and manufacturer directions and
warnings before using any product. When appropriate, you should seek
independent professional advice.
Warranty Disclaimer: IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND SUPPLIERS PROVIDE THE SITE AND IPSY SERVICES "AS IS," "AS
AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
OR STATUTORY. IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM IPSY TO YOU,
WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE IPSY ONLINE COMMUNITY, AND THE
IPSY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT IPSY HAS NO
LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL IPSY OR IPSY'S OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY
THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR
IPSY SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS,
DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AND
SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE
GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO IPSY IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD IPSY AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND,
INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR
ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS
IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR
VIOLATION OF ANY RIGHT OF A THIRD PARTY. IPSY RESERVES THE RIGHT TO ASSUME
THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO
INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH
IPSY'S DEFENSE OF SUCH CLAIM.
8. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IPSY HAVE AGAINST EACH OTHER ARE
RESOLVED.
Legal Disputes: Prohibition of Class and Representative Actions and
Non-Individualized Relief.
YOU AND IPSY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY
ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND
IPSY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN
ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM
OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF
AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT
PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
If a dispute arises between you and IPSY, we are likely to be able to
resolve your matter quickly and to your satisfaction. Please contact our
customer support team by sending us an email at https://help.ipsy.com.
Please indicate the nature of your complaint and we will do our best to get
back to you with a reasonable solution as quickly and efficiently as
possible. We may ask you to provide us with more information. We trust we
will be able to address your complaint without delay and to your
satisfaction.
If you are a resident of the U.S. or Canada, and you have availed yourself
of our customer service department without satisfaction, you and IPSY all
agree to resolve any remaining dispute arising out of or related to this
Terms of Service, the Privacy Policy or our service through final and
binding arbitration. This applies to all kinds of claims under any legal
theory, unless the claim fits in one of the exceptions in the exceptions to
Agreement to Arbitrate sub-section. It also applies even after you stopped
using IPSY Shopper, are no longer an IPSY glam bag Subscriber, and/or have
deleted your IPSY account.
An arbitration proceeding is before a neutral arbitrator instead of a judge
and jury, so you and IPSY each agree to give up the right to a trial before
a judge and jury. Arbitrations are not identical to litigation and have
different rules than standard court proceedings. For instance, arbitrations
may involve lawyers, but they are less formal than lawsuits in courts. An
arbitrator can award the same relief to an individual that a court can
award. If either IPSY or you do not like the arbitrator's decision, the
courts only have a limited ability to change the outcome of arbitration or
make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be
enforced or applies to our dispute, we all agree that the arbitrator will
decide that, too.
Exceptions to Agreement to Arbitrate.
We all agree that we will go to court to resolve disputes relating to:
* Your or IPSY's intellectual property (for example, trademarks, trade
dress, domain names, trade secrets, copyrights or patents); or
* Any claim made in small claims court either in Santa Clara County,
California, in the country where you live, or some other place we both
agree on, if it qualifies to be brought in that court.
9. No Class Actions.
We all agree that we can only bring a claim against each other on an
individual basis.
That means:
* Neither you nor IPSY can bring a claim as a plaintiff or class member in
a class action, consolidated action or representative action.
* The arbitrator cannot combine more than one person's claim into a single
case, and cannot preside over any consolidated, class or representative
arbitration proceeding (unless we both agree to change this).
* The arbitrator's decision or award in one person's case can only impact
the person who brought the claim, not other users of our Service, and
cannot be used to decide other disputes with other users.
10. The Arbitration Process:
The American Arbitration Association (AAA) will manage the arbitration
between you and IPSY, and AAA's rules and procedures (including their
Supplementary Procedures for Consumer-Related Disputes, if applicable) will
be used. If something in these Terms is different than AAA's rules and
procedures, then we will follow these Terms instead. You can look at AAA's
rules and procedures on their website www.adr.org or you can call them at
1-800-778-7879.
You are allowed to select the arbitration location as being in the county
or province where you live or in Santa Clara County, California. We can
also choose a third location if we mutually agree.
If your claim is for less than $10,000 (US), you do not need to attend the
arbitration in person. You can have a hearing by phone. If your claim is
for more than $10,000, we will look to and follow the AAA for guidance.
While most arbitrators render a verbal decision, both you and IPSY have the
right to request the arbitrator to put his or her decision or award, or his
or her reasons for the decision or award, in writing. Once a decision is
rendered, IPSY and/or you can ask a court to confirm it. In some very
limited circumstances, we may be allowed to ask a court to change the
decision or award. This is information you will be provided should the
arbitration process prove unsatisfactory.
Arbitration Costs.
If your claim is for $10,000 (US) or less, IPSY is open to paying your
filing, administration and arbitrator fees associated with the arbitration,
upon request to the AAA. You must tell the AAA at the time you begin the
arbitration proceeding. IPSY will be notified of your request.
If your claim is for more than US $10,000, and arbitration is too expensive
for you to afford when compared to filing a lawsuit in court, IPSY will pay
for as much of your part of the filing, administration and arbitrator fees
as the arbitrator decides is necessary to make the arbitration not too
expensive for you.
We won't try to have you pay us back for covering your fees and we won't
try to make you cover our fees unless the arbitrator decides that your
claims are frivolous and it is fair to make you do this under the
circumstances.
Applicable Law.
The Federal Arbitration Act (including its procedural provisions) is the
law that will be applied to determine whether these dispute resolution
provisions regarding arbitration and class action can be enforced and how
they should be interpreted.
Apart from that, if you are U.S. resident, these terms and our relationship
will be governed by California law, except for its conflicts of laws
principles. If you reside outside of the U.S., these Terms of Service and
our relationship will be governed by English law, except for its conflicts
of laws principles.
Any dispute or claim arising from or relating to the Agreement or the IPSY
Shopper is subject to the binding arbitration, governing law, disclaimer of
warranties and limitation of liability and all other terms in these Terms
of Use.
Choice of Law: This Agreement shall in all respects be governed by the laws
of the State of California and the United States of America, without regard
to choice of law provisions. The U.N. Convention on Contracts for the
International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term, and IPSY's failure to assert any
right under this Agreement shall not constitute a waiver of such right or
provision.
Entire Agreement: These Terms of Use, together with our Privacy Policy,
Cookie and Tracking Policy, Copyright and Intellectual Property Policy,
Community Guidelines, and all other operating rules, policies, procedures,
and additional terms that IPSY may publish from time to time on the Site,
constitutes the entire agreement between you and IPSY concerning your use
of the Site and IPSY Services. IPSY reserves all rights not granted under
this Agreement.
Severability: If any provision of this Agreement is held unenforceable,
then such provision will be modified to reflect the parties' intention. All
remaining provisions of this Agreement shall remain in full force and
effect.
No Agency: You and IPSY are independent contractors. No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or
permitted by this Agreement must be in writing. Any notice to IPSY must be
given by postal mail to IPSY, Attention: Legal Department, 903 Colorado
Ave., Santa Monica, Ca 90401. Any notice to you may be given: (1) to the
email address you provide to IPSY during registration or when your email
address changes, in which case notice will be deemed sufficient 24 hours
after the email is sent unless the sending party is notified that the email
address is invalid; or (2) by certified mail, postage prepaid, return
receipt requested, to the last mailing address you provided to IPSY, in
which case notice will be deemed sufficient three days after the mailing
date.
For intellectual property issues, please provide notice as specified in
IPSY's Copyright and Intellectual Property Policy.
Survival: The provisions of this Section 4 shall survive termination or
expiration of this Agreement.
11. EXPORT RESTRICTIONS
You acknowledge that the products IPSY sells may be subject to U.S. and
international import, export, and re-export laws and regulations, including
the U.S. Export Administration Regulations (EAR) maintained by the U.S.
Department of the Treasury’s U.S. Department of Commerce and trade and
economic sanctions maintained by the Office Of Foreign Assets Control
(OFAC). You agree to comply with all relevant import, export, and reexport
control laws and regulations. Specifically, you agree not to, directly or
indirectly, sell, export, re-export, transfer, divert, or otherwise make
available product purchased from IPSY or product from a retail partner in
contravention of U.S. law or to any destination, entity, or person or for
any use prohibited by the laws or regulations of the United States or
applicable international authority, without obtaining an export license or
other governmental approval as required by those laws and regulations.
Currently, IPSY only ships products to addresses in the U.S., U.S.
Territories, and APO/FPO addresses. Glam Bags only may be shipped into
Canada. Due to U.S. trade embargoes and sanctions, IPSY does not accept
orders from or ship products to individuals or entities whose names appear
on OFAC’s list of specially designated nationals (“SDN List”) and, when
prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the
Commerce Department’s Denied Persons List (“DPL”), Entity List, and
Unverified Parties List.
12. MODIFICATIONS TO TERMS OF USE
We may change the Agreement or these Terms of Use at any time for any
reason by updating this posting. You are responsible for periodically
reviewing these Terms of Use for revisions. Changes in the Terms of Use
will be effective when posted. If IPSY makes a material change, IPSY will
notify you here in this Terms of Use Agreement or by any other means we
deem appropriate. IPSY may determine, in its sole discretion, in good
faith, what constitutes a "material change" using common sense and
reasonable judgment. Your use of the Site or any of the IPSY Services after
we have modified this posting will constitute your acceptance of any
changes.
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