Ownership of Content. This Site includes a combination of content that we create (the “Content”). All of the Content available through this Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part.
Posting and Transmitting Content. You are solely responsible for any and all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, send, or otherwise make available on the Site (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by Simply Makeup in its sole discretion), or contain any computer virus or malicious code that could in any way affect the operation of the Site or any computer that connects to the Site. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Simply Makeup. You are solely responsible for Your Content and its accuracy. Simply Makeup takes no responsibility and assumes no liability for Your Content posted by you or any third party.
Links to Other Web Sites and Services. The Site may contain links to other Web sites that are not under the control of Simply Makeup. Simply Makeup has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, and availability. Simply Makeup reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without any prior notice (including after you have submitted your order).
Disclaimer. The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Simply Makeup expressly disclaims any duty to update or revise the materials on the Site, although Simply Makeup may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Simply Makeup shall not be liable for any damages of any kind related to your use of the Site.
Indemnification. You agree to defend, indemnify and hold Simply Makeup and all of its officers, directors, employees, agents, service providers, and licensors (collectively, the “Simply Makeup parties”) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Choice of Law. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, Los Angeles.