Terms of Use - Endless Beauty

Welcome! This web site (the “Site”) is owned and operated by EndlessBeauty.com Limited Liability
Company. (“EndlessBeauty.com”, “we”, “us” or “our”). EndlessBeauty.com makes this Site and the
content, information, products and services available on this Site (collectively the ” Service”)
subject to acceptance of and compliance with the terms and conditions set forth in these terms of
use (collectively, the “Terms of Use”) and elsewhere on this Site. The terms “you,” “your” “yours”
and “yourself” refer to all visitors to this Site.

1. Terms and Conditions of Use
Please review these Terms of Use very carefully. By using or visiting this Site and all
linked pages owned and operated by EndlessBeauty.com, you agree to be bound by these
Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy
Policy, and any additional guidelines, rules, terms and conditions that may apply to specific
sections of the Site or to the Service available on the Site or to anything else referenced
herein. Accessing the Site, in any manner, constitutes use of the Site and your agreement
to be bound by these Terms of Use. If you do not agree with these Terms of Use, you will
have no right to use the Site and you should leave the Site and discontinue your use of the
Service immediately.
Certain features and functionality included in the Service may be subject to additional
posted notices, terms and/or conditions. Your use of such features and functionality is
subject to those additional notices, terms and/or conditions, which are incorporated into
these Terms of Use by reference. In the event of an inconsistency between these Terms of
Use and any additional posted notices, terms and conditions, these Terms of Use shall
control.
We reserve the right to change these Terms of Use or to impose new conditions on use of
the Site or the Service, from time to time, in which case we will post the revised Terms of
Use on this Site and they will be effective immediately upon posting. By continuing to use
the Site after we post any such changes, you accept the Terms of Use, as modified.

2. Privacy Policy
Registration data and other information collected about you are subject to our Privacy
Policy, the terms of which are incorporated herein. You should review our Privacy Policy to
understand how we collect and use data about you.

3. Eligibility
You may not use the Site if you are under thirteen (13) years of age. If you are under 13,
do not use the Service. By using the Site and/or the Service, you represent and warrant that you have the right,
authority and capacity to enter into these Terms of Use and to abide by all of the terms and
conditions set forth herein. This Site is administered in the U.S. and intended for U.S.
users; any use outside of the U.S. is at your own risk and you are responsible for
compliance with any local laws applicable to your use of the Site or the Service.

4. Registration, User ID and Security
In order to access or use certain features of the Site, we may ask you to provide certain
demographic information including your gender, year of birth, zip code and country. In
addition, if you elect to access and use certain other features of the Site, such as weblogs
or bulletin boards, you may be required to register with us on a registration form which will
require you to provide personally identifiable information (such as your name, age and an
e-mail address you own) and to select a password and user name, which shall consist of
an email address you own and use (“User ID”). You agree to provide true, accurate,
current and complete information about yourself as prompted by the Site’s registration
page. Failure to do so shall constitute a breach of these Terms of Use, which may result in
immediate termination of your account. Further, you may not: (i) enter, select or use a user
name or an email address owned or controlled by another person with the intent to
impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person
other than yourself without appropriate authorization. We reserve the right to refuse
registration of, or cancel a User ID in our discretion. You are responsible for maintaining
the confidentiality of your password and are fully responsible for all activities that occur
under your User ID and password. You agree to (a) notify EndlessBeauty.com immediately
of any unauthorized use of your User ID or password, and (b) ensure that you exit from
your account at the end of each session. Our use of any personally identifiable information
you provide to us as part of the registration process is governed by the terms of our
Privacy Policy.

5. Use of the Site/Service
Subject to the restrictions on use and on posting set forth in this Terms of Use, you may
use the Site to: access the information, data, text, sound, photographs, graphics, video,
messages and other materials available via the Service (collectively, the “Content”); rate
and review products; share reviews with other Site users; search the EndlessBeauty.com
database for reviews and product information; forward reviews to people you know,
whether or not they are existing users of the Site; participate in sweepstakes, sample
giveaways and other promotions; and invite people you know to become registered
members of the Site
You may not copy or distribute any portion of the Site and/or Service for any purpose not
authorized immediately above without the EndlessBeauty.com’s express written permission. EndlessBeauty.com does not control the Content posted by third parties via
the Service, including the content of any messages or reviews, and does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the Service,
you may be exposed to third-party Content that is offensive, indecent or objectionable.
Under no circumstances will EndlessBeauty.com be liable in any way whatsoever for any
third-party Content, including any errors or omissions in any such Content, or any loss or
damage of any kind incurred as a result of your use of any third-party Content or the
products which are the subject of such Content. You agree that you must evaluate and
bear all risks associated with the use of any third-party Content, including any reliance on
the integrity and accuracy of such Content.
We also reserve the right to deny access to the Site or any features of the Site to anyone
who violates these Terms of Use or who, in our sole judgment, interferes with the ability of
others to enjoy our web site or infringes the rights of others.

6. Rules for Content Posted By You on the Site
The following rules apply to your submission of Content to be posted on the Site:
o You are solely responsible for your ratings and reviews of beauty products listed
on the Site and for any other content that you submit, publish or display on the
Site or transmit to other members and/or other Site users (hereinafter, the “Posted
Content”).
o You agree that you will only provide Posted Content that you believe to be true.
o You may not post any content that: (i) is libelous, defamatory, knowingly false or
intentionally misleading; (ii) violates the privacy, publicity, moral or any other right
of any third party; or (iii) violates any obligation of confidentiality.
o You may not post or distribute content on or via the Site that: (i) is patently
offensive to users of the Site, such as content or messages that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual; (ii) is
threatening, abusive, obscene, or insulting to other Site users or any other person;
or (iii) harasses or advocates harassment of another person.
o You may not post content that is pornographic or sexually explicit in nature or
contains depictions of violent or sexual acts.
o You may not post, distribute or reproduce in any way any copyrighted material,
trademarks or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. You may not submit any content or
material that infringes, misappropriates or violates the intellectual property,
publicity, privacy or other rights of any party.
o You may not post any content that falsely states or implies that such content is
sponsored or endorsed by EndlessBeauty.com.
o You may not provide any content that is unlawful or facilitates the violation of any
applicable law or that promotes or encourages illegal activity.
o You may not use the Site to post or disseminate any advertisements or any other
information, software or other material for commercial purposes. o You may not use the Site to solicit anyone to buy or sell products or services, to
make donations of any kind, or link to third party websites undertaking either of
such activities without our express written approval.
o You may not use the Site to make offers or disseminate any fraudulent goods,
services, schemes, or promotions, including any make-money-fast schemes, chain
letters, or pyramid (ponzi) schemes.
o Gather for marketing purposes any e-mail addresses, user names, passwords or
other personal information that has been posted by other users of the Site.
EndlessBeauty.com reserves the right to investigate and take appropriate legal action in its
sole discretion against anyone who violates these rules, including without limitation,
removing the offending Posted Content or other Content from the Service and terminating
the membership of violators or blocking your use of the Service and/or the Site. You
understand and agree that we have no obligation to monitor any bulletin boards, weblogs
or other areas of the Site through which users can supply product reviews, information or
material. However, we reserve the right at all times to disclose any information we believe
necessary to satisfy any law, regulation or governmental request, or to refuse to post or to
remove any information or materials, in whole or in part, that in our sole discretion are
objectionable or in violation of these Terms of Use.

7. General Restrictions on Rights to Use the Site and Service
You agree that you shall not (and you agree not to allow any third party to):
o modify, adapt, translate, or reverse engineer any portion of the Site and/or
Service;
o frame or inline link any of the Content of the Site, or incorporate into another
website or other service any of our Content or intellectual property, without our
prior written permission; however, you may establish a hypertext link to your web
site so long as the link does not state or imply any sponsorship of your site by
EndlessBeauty.com or the Site.
o remove any copyright, trademark or other proprietary rights notices contained in or
on the Site and/or Service or in or on any Content or other material obtained via
the Site and/or Service;
o use any robot, spider, site search/retrieval application, or other automated device,
process or means to access, retrieve or index any portion of the Site and/or
Service;
o access, retrieve or index any portion of the Site and/or Service for purposes of
constructing or populating a searchable database of beauty products;
o collect any information about other users or members (including usernames and/or
email addresses) for any purpose other than to solicit and share reviews with other
users or members;
o create user accounts by automated means or under false or fraudulent pretenses; o create or transmit unwanted electronic communications such as “spam” to other
users or members of the Site and/or Service or otherwise interfere with other
users’ or members’ enjoyment of the Site and/or Service;
o transmit any viruses, worms, defects, Trojan horses or other items of a destructive
nature;
o use of the Site or Service to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material including
any that are deemed threatening or obscene;
o copy or store any Content offered on the Site; for any purpose not expressly
permitted herein;
o use any device, software or routine that interferes with the proper working of the
Site and/or Service, or otherwise attempt to interfere with the proper working of the
Site and/or Service;
o take any action that imposes, or may impose in our sole discretion, an
unreasonable or disproportionately large load on our information technology
infrastructure;
o use the Site and/ or Service, intentionally or unintentionally, to violate any
applicable local, state, national or international law; or
o collect or store personal data about other users in connection with undertaking any
activities prohibited under this Section 7.

8. Intellectual Property Rights
EndlessBeauty.com’s Limited License to You
This Site and all the materials available on the Site are the property of EndlessBeauty.com
and/or its affiliates and licensors, and are protected by copyright, trademark, and other
intellectual property laws. The Site is provided solely for your personal non-commercial
use. You may not use the Site or the materials available on the Site in a manner that
constitutes an infringement of our rights or that has not been authorized by us. More
specifically, unless explicitly authorized in these Terms of Use or by the owner of the
materials, you may not modify, copy, reproduce, republish, upload, post, transmit,
translate, sell, create derivative works, exploit, perform, display or distribute in any manner
or medium (including by e-mail or other electronic means) any material from the Site. You
may, however, from time to time, download or print one copy of individual pages of the Site
for your personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices. Information about requesting permission to reproduce or
distribute materials from the Site may be obtained by contacting
general@endlessbeauty.com.
Your License to EndlessBeauty.com
By posting content on the Site or submitting to us any content via the Site, you are
representing: that you are the owner of the content, or that you have the owner’s express
consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting us, and anyone authorized by us, a royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, fully paid up, fully sub-licensable, worldwide
license to use, display, copy, modify, transmit, sell, exploit, create derivative works from,
incorporate into other works, distribute, and/or digitally perform or publicly perform or
display such content, in whole or in part, in any manner or medium, now known or
hereafter developed, for any purpose. This license is non-exclusive, except that you agree
that EndlessBeauty.com shall have the exclusive right to practice this license to the extent
of combining your Posted Content with the Posted Content of other Site users for the
purposes of constructing or populating a searchable database of product reviews.
The foregoing grant shall include the right to exploit any proprietary rights in such Posted
Content or submission, including, but not limited to, rights under copyright, trademark,
service mark or patent laws under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us, the right to identify you
as the author of any of your postings or submissions by name, e-mail address or screen
name, as we deem appropriate. We are under no obligation to give credit or pay any
consideration for your Posted Content.

9. Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced,
posted or distributed via the Site in a manner that constitutes copyright infringement,
please inform our designated copyright agent by sending written notice by U.S. Mail to:
EndlessBeauty.com LLC
600 W. 28th
Street, Suite 210
Austin, TX 78705
Attn: Copyright Agent
or by e-mail to:
general@endlessbeauty.com

Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your name, address, telephone number, and, if
available, e-mail address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly
infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in
your notice is accurate and that you are authorized to act on the copyright owner’s behalf;
and
(6) an electronic or physical signature of the copyright owner or someone authorized on
the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this Section 9 is for suspected
copyright infringement only. Contact information for other matters is provided elsewhere in
these Terms of Use or on the Site.

10. Disclaimers
General Disclaimers
THE INFORMATION, PRODUCTS AND SERVICES DISPLAYED ON OR THROUGH THE
SITE AND ANY THIRD-PARTY SITES TO WHICH WE LINK ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER
EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS,
OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE, SERVICE OR MATERIALS DISPLAYED ON THIS SITE OR ON THIRD-PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE.

Links to Third Parties
Throughout the Site, we have provided links and pointers to web sites and weblogs
maintained by third parties. Our linking to such third-party sites does not imply an
endorsement, guarantee, approval or sponsorship of such sites, or the information,
products or services offered on or through such sites. Nor do we warrant that these sites
will not contain viruses or otherwise impact your computer. In addition, neither we nor our
parent or subsidiary companies nor any of our respective affiliates operate or control in any
respect any information, products or services that third parties may provide on or through
the Site or on web sites linked to by us on the Site. Users should direct any concerns
regarding any externally linked web site to its site administrator or webmaster.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs and e-mail
services, which allow feedback to us and real-time interaction between Site users.
Responsibility for Posted Content on bulletin boards, weblogs, product pages, and other
public posting areas on the Site, or sent via any e-mail services to other Site users, lies
with each user. You alone are responsible for your Posted Content, or for the Posted
Content you allow a third party to post or send on your behalf. We do not control the messages, information or files that you or others may provide through the Site and are
under no obligation to modify or remove any inappropriate Content and are not responsible
for the user submitting such Content.
Online Commerce
Certain sections of the Site may facilitate your purchase of products and services online
that are provided by third parties. We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these products and services. We are not
responsible or liable with respect to the privacy and data collection practices of any
merchant that obtains information from you in the course of your visit to that merchant’s
online store or any purchase transaction you may undertake on that merchant web site.
For more information regarding a merchant, its online store, its privacy policies, and/or any
additional terms and conditions that may apply, visit that merchant’s website and click on
its information links or contact the merchant directly. You agree to release
EndlessBeauty.com and its affiliates from any damages that you incur, and agree not to
assert any claims against us arising from your purchase or use of any products or services
occurring as result of a referral or link on the Site or the Service to a merchant.
Sweepstakes and Promotions
From time to time, EndlessBeauty.com offers sweepstakes, contests, sample giveaways
and other promotional activities (a “Promotion”). Your registration and/or enrollment for,
and subsequent participation in, any Promotion shall be subject to rules and regulations
associated with such Promotion which will be posted on the Site. You may be
automatically enrolled and/or registered for certain of these Promotions by participating in
the interactive features of our Site, such as by submitting product reviews or submitting
other content postings, or by other actions, such as by registering for Site emails or
referring new users to the Site. Unless otherwise specified by the rules and regulations of
a particular Promotion, the Promotions require that participants be eighteen (18) years of
age at the time of entry and that participants be legal residents of the United States of
America. In the event that you do not wish to participate in any particular Promotion (or any
Promotion at all), please contact us and indicate your desire to “opt-out” of a particular
Promotion by identifying the objectionable Promotion by name (or indicate your desire to
opt out of all Promotions undertaken on the Site) in a written notice sent by U.S. Mail to:
EndlessBeauty.com LLC
600 W. 28th
Street, Suite 210
Austin, TX 78705
Attn: Sweepstakes and Promotions Opt-out
Free Product Offers and Samples
THE FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED
THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL SAMPLE PRODUCT WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, ARE DISCLAIMED
BY ENDLESSBEAUTY.COM, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
By receiving any products through such sample and freebie offers, you agree to release
and hold harmless EndlessBeauty.com and its subsidiaries and affiliates, and each of their
respective parent companies and each such company’s officers, directors, shareholders,
employees and agents from and against any claim or cause of action, including, but not
limited to, personal injury, death, or damage to or loss of property, arising out of
participation in any product samples and freebie offers or receipt or use or misuse of any
such product.

11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL ENDLESSBEAUTY.COM, ANY SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS
INTERRUPTION, AND/OR LOSS OF INFORMATION AND DATA, THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR
SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE’S LAWS.) YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR
THE SERVICE, ANY MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR WITH
ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE AND SERVICE.
12. Indemnity
You agree to indemnify and hold EndlessBeauty.com, its parents, subsidiaries, affiliates,
officers and employees, harmless, including costs and attorneys’ fees, from any claim or
demand made by any third party due to or arising out of (i) your access to the Site, (ii) your
use of the Service, (iii) the violation of these Terms of Use by you, or (iv) the infringement
by you, or any third party using your account or User ID or password, of any intellectual
property or other right of any person or entity. 13. Termination
These Terms of Use will remain in full force and effect while you use the Site and avail
yourself to the Service. We may cancel or terminate your right to use the Site or any part of
the Site at any time without notice. In the event of any such cancellation or termination,
you shall no longer be authorized to access all of the Site or the part of the Site affected by
such cancellation or termination. The restrictions imposed on you with respect to any
material downloaded from the Site, and the disclaimers and limitations of liabilities set forth
in these Terms of Use, shall survive any termination of your right to use the Site. Sections
2, 6, 8, 10, 11, 12, 13 and 14 shall survive any termination or expiration of these Terms of
Use.

14. Miscellaneous
These Terms of Use constitute the entire agreement between EndlessBeauty.com and you
with respect to the subject matter contained in these Terms of Use and supersede all
previous and contemporaneous agreements, proposals and communications, written or
oral.

If there is any dispute about or involving the Site and/or the Service, by using the Site, you
agree that the dispute will be governed by the laws of the State of Texas without regard to
its conflict of law provisions. You agree further to personal jurisdiction by and venue in the
state and federal courts of the State of Texas, City of Austin. No agency, partnership, joint
venture, or employment is created as a result of these Terms of Use and you do not have
any authority of any kind to bind EndlessBeauty.com in any respect whatsoever.
EndlessBeauty.com may provide you with notices by email, regular mail or postings on the
Service. The failure of EndlessBeauty.com to exercise or enforce any right or provision of
these Terms of Use shall not constitute a waiver of such right or provision. The failure of
either party to exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder. If any provision of these Terms of Use is found to
be unenforceable or invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that these Terms of Use shall otherwise remain in full force and effect
and enforceable. These Terms of Use are not assignable, transferable or sub-licensable
by you except with EndlessBeauty.com’s prior written consent. The section titles in these
Terms of Use are for convenience only and have no legal or contractual effect.

15. Contact and Violations
Please contact us with any questions regarding these Terms of Use. Please report any
violations of the Terms of Use to general@endlessbeauty.com. Last updated on February 11, 2010