AGREEMENT BETWEEN USER AND MAKEOVER SOLUTIONS, INC.
This Web Site (the “Web Site”) is operated by Makeover Solutions, Inc., a Delaware corporation. (“MOS”, “us” or “we”).
The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the
Web Site constitutes your agreement to all such terms, conditions, and notices.
MOS grants to you a limited personal, non-exclusive and non-transferable right and license to access the Web Site and use the services offered by MOS
thereon (the “Services”). Unless otherwise specified in writing, the Web Site and Services are for your personal and non-commercial use. You may not use the
Web Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at http://dailymakeover.com/privacy for disclosures relating to the collection and use of
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you open an account on the Web Site, you must complete the registration process by providing us with current, complete and accurate information as
prompted by the applicable registration form. You then will be required to choose a password and user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to
notify MOS immediately of any unauthorized use of your account or any other breach of security. MOS will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MOS or
another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account
PAYMENT TRANSACTION PROCESSING
Certain Services may be offered for sale on the Web Site, such as the All-Access Membership. In the event you wish to purchase or to subscribe for any of
these products or services, you will be asked by MOS or an authorized third party to supply certain information, including without limitation, your full name,
address, telephone number and credit card information. You agree to provide MOS or such third party with the foregoing information as well as any other
mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing
your purchase of the product or service.
Some services offered by MOS are subscription-based services. For subscription-based Services offered by MOS, such as the All-Access Membership, you hereby
agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes
payable. MOS reserves the right to change the amount of, or basis for determining, any fees or charges for the service(s) we provide, and to institute new
fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
By providing payment account information, you thereby authorize the charge to your credit card or other account as necessary to complete the process for
your payment transaction. You also authorize MOS to store and to use your payment account information to renew automatically renewing subscription Services on
the Web Site in addition to processing any credits such refunds or adjustments. You shall be responsible for all charges incurred through your account as well
as for paying any applicable taxes.
Automatic Renewal Terms
Your subscription will be automatically renewed and your credit card will be automatically charged on an annual or quarterly basis (or such other periodic
basis as is listed on the Web Site and/or Service sign-up), depending upon the billing terms for your subscription, for as long as you remain a member. You
agree that MOS will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card or other account (such as your
PayPal account) has been charged.
Your right to use the subscription service or other specific product or service is conditional upon our receipt of payment. If payment cannot be charged to
your credit card (or other account), or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice,
either suspend or terminate your access and account, thereby terminating this Agreement and all MOS obligations hereunder. You are required to pay any amounts
still owed to us at the time your account is suspended or terminated.
Termination of Subscription
You may cancel the automatic renewal of your subscription through the Subscription Management link on the “MY ACCOUNT” page. Terminations are not
retroactive, and unless the billing plan specifies otherwise, you will not be entitled to receive any refund of amounts paid although you will be entitled to
access to the subscription service for the remainder of your paid term. If you have an outstanding balance due on any MOS account at the time of cancellation,
you hereby agree that MOS may charge these unpaid fees to your credit card or other payment account.
In order to review the billing terms of your account, go to the Subscription Management page, accessible through the Subscription Management link on the “MY
ACCOUNT” page. .
MOS reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated
with the use of the Web Site and the Services. Any modifications to this Agreement shall be effective immediately upon notice, which may be accomplished by
posting the modified Agreement on the Web Site or via email. Your use of the Web Site and/or any of the Services following such notice shall be deemed your
acceptance of such changes. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Web Site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Web Site and its services are for your personal and non-commercial use. You may not modify copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, reverse engineer, reverse assemble, transfer, or sell any information, software,
products or services obtained from the Web Site or any of the Services. In addition, you shall not manipulate or otherwise display the Web Site and/or the
Services by using framing or similar navigational technology, nor shall you access the Web Site or Services by any means other than through the standard
industry-accepted or MOS-provided interfaces.
LINKS TO THIRD PARTY SITES
The Web Site may contain links to third party web sites, including advertiser web sites (the “Linked Sites”). The Linked Sites are not under the control of
MOS and MOS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. MOS is not responsible for webcasting or any other form of transmission received from any Linked Site nor is MOS responsible if the Linked
Site is not working appropriately. MOS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MOS
of the site or any association with its operators. MOS is not responsible for the legality, accuracy or inappropriate nature of any content, advertising,
posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Web Site or Services or participation in promotions offered by third parties,
including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings
or promotions, are solely between you and the advertiser or other third party. MOS shall not be responsible or liable for any part of any such dealings or
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site and Services, you will not use the Web Site or Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Web Site or Services in any manner which could damage, disable, overburden, or impair the Web Site or any
of the Service(s) (or the network(s) connected to the Web Site and Service(s)) or interfere with any other party’s use and enjoyment of the Web Site and
Service(s). You may not attempt to gain unauthorized access to the Web Site or any Service, other accounts, computer systems or networks connected to the Web
Site or any Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Web Site or Services. In addition, you shall not register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party for the Web Site or any Service (including a Communication Service, as defined below) if you are
not expressly authorized by such party to do so.
USE OF COMMUNICATION SERVICES
The Web Site and Services may contain e-mail services, bulletin board services, chat areas, forums, communities, and/or other message or communication
facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to
post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
- Upload files that contain software or other textual, graphical or other material protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services (e.g., excessive shouting, use of all caps, or flooding
continuous postings of repetitive text);
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable local, state, national or international law or regulation.
- Create a false identity for the purpose of misleading others, including, without limitation, impersonating an MOS official, forum leader, chat room
monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web Site or any of the
Service(s) or other user or usage information or any portion thereof.
MOS has no obligation to monitor the Communication Services. However, MOS reserves the right to review materials posted to a Communication Service and to
remove or alter any materials in its sole discretion at any time for any reason. MOS reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason whatsoever.
MOS reserves the right at all times to disclose any information as MOS deems necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MOS’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MOS does not control
or endorse the content, messages or information found in any Communication Service and, therefore, MOS specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MOS spokespersons,
and their views do not necessarily reflect those of MOS.
MOS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement
made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any
messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained
through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of MOS or any of its
subsidiaries or affiliates.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MOS OR POSTED AT THE WEB SITE
MOS does not claim ownership of the materials you provide to MOS (including feedback and suggestions) or post, upload, input or submit to the Web Site or
any Service or its associated services for review by the general public (each a “Submission” and collectively “Submissions”). However, by posting, uploading,
inputting, providing or submitting your Submission to MOS through any means, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable
(through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative
works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or
hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submissions; and to publisher your
name in connection with your Submission. The foregoing license to MOS shall be fully paid-up and royalty free. In addition, under no circumstances shall MOS
have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submissions upon the occurrence of a transfer of all or any
portion of MOS’s business through a merger, sale or transfer of all or substantially all of the assets of MOS, nor shall the sale of advertising on the Web
Site give rise to any obligation to pay a fee to users or subscribers. MOS is under no obligation to post or use any Submission you may provide and MOS may
remove any Submission at any time in its sole discretion.
None of the Submissions disclosed or posted via the Communication Services shall be subject to any obligation, whether of confidentiality, attribution, or
otherwise, on MOS’s part and we shall not be liable for any use or disclosure of any such Submissions.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the
CONTESTS AND GAMES
MOS may provide contests and games on its Sites. The rules, regulations and procedures governing any of the foregoing shall be accessible through a
hypertext link prominently displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be
subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE WEB SITE AND SERVICES
You acknowledge and agree that the Web Site and Services contain proprietary and confidential information that is protected by applicable intellectual
property and other laws, and are the sole property of MOS or its licensors. You further acknowledge and agree that any content contained in advertisements or
information presented to you by advertisers on the Web Site or in the Services (whether concerning MOS, the Web Site, the Services or otherwise) is protected
by copyrights, trademarks, service marks, patents or other proprietary rights and laws, including international treaty provisions.
MOS respects the intellectual property of others, and we ask you and all of our users to do the same. MOS may remove content from the Web Site, the Services
and/or the Communication Services that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet
infringes their rights under the U.S. copyright law. If you believe that your intellectual property has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide MOS’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Web Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Send this information to:
|By mail:||Makeover Solutions, Inc.
Attn: Copyright Agent
35 West 31st Street, 4th Floor
New York, NY 10001
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE MOS SITES/SERVICES AND TO THE INFORMATION THEREIN. MOS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE MOS SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MOS SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND/ORSERVICES AND TO THE INFORMATION THEREIN. MOS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE WEB SITE AND SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MOS AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSEES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR
OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEB SITE AND SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. MOS
AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MOS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT
OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR ANY SERVICE. YOU SPECIFICALLY AGREE THAT MOS IS NOT RESPONSIBLE
OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MOS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY COMMUNICATION
SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MOS AND/OR ITS SUPPLIERS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE WEB SITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
WEB SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOS OR ANY OF ITS SUPPLIERS OR LICENSEES HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
MOS reserves the right, in its sole discretion, to terminate your access to the Web Site or any of the Services and the related services or any portion
thereof at any time, without notice.
MOS may also terminate or suspend your access to the Web Site or the Service(s) for inactivity, which is defined as failing to log into a particular service
for an extended period of time, as determined by MOS.
This Agreement constitutes the entire agreement and understanding between you and MOS and governs your use of the Web Site and the Services, superseding any
prior agreements between you and MOS (including its affiliates and predecessors in interest). This Agreement and the relationship between you and MOS shall be
governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and MOS irrevocably agree
to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive
any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of MOS to exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void
or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining
provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable,
transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without
your consent. No waiver by MOS of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
Use of the Web Site and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MOS as a MOS makes
no representation or warranty that the content and materials on the Web Site and/or the Services are appropriate or available for use in locations outside the
United States. Those who choose to access the Web Site or use the Services from other locations do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the extent applicable. MOS reserves the right, at any time in our sole discretion, to limit the
availability and accessibility of the Web Site and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of
any such Service or products that we provide.
You agree to indemnify and hold MOS, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand,
or damage, including reasonable attorneys’ fees, due to or arising out of your use of or conduct on the Web Site and/or Services, including but not limited to
any allegation that any materials that you submit to MOS or post in any Communication Service infringe or otherwise violate the copyright, trade secret,
trademark or other intellectual property rights of a third party. MOS reserves the right to disclose any personal information about you or your use of the Web
Site and Services, including its contents, without your prior permission if MOS has a good faith belief that such action is necessary to: (1) conform to legal
requirements or comply with legal process; (2) protect and defend the rights or property of MOS or its affiliated companies; (3) enforce the Web Site’s terms
of use; or (4) act to protect the interests of its members or others. MOS’s performance of this Agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of MOS’s right to comply with governmental, court and law enforcement requests or requirements relating to
your use of the Web Site and/or Services or information provided to or gathered by MOS with respect to such use.