MAC PRO | Terms and Conditions

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M·A·C PRO Site Terms And Conditions

Welcome to our M·A·C PRO website (the "M·A·C PRO Site"). Make-Up Art Cosmetics Inc. ("M·A·C", "we", "us" or "our") provides the services available on the M·A·C PRO Site to you as a M·A·C PRO member subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the M·A·C PRO Site, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1.	Privacy

	Please review our Privacy Policy (NA), which also governs your visit to the M·A·C PRO Site, so that you may understand our privacy practices.

2.	Accuracy of Information

	We attempt to be as accurate as possible when describing our products on the M·A·C PRO Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the M·A·C PRO Site are accurate, complete, reliable, current, or error-free.

3.	Purchase Related Policies

	The products and services available on the M·A·C PRO Site, and any samples thereof we may provide to you, are for personal and professional use only. You may not sell or re-sell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that we will track the purchases you make as a M·A·C PRO member through the M·A·C Pro Site, at freestanding M·A·C stores and by telephone order. We reserve the right, with or without notice, to cancel or reduce the quantity of orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

	For additional policies related to orders placed through the M·A·C PRO Site, such as order processing, shipping and handling, and returns and exchanges, click here.

4.	Intellectual Property

	All content available on the M·A·C PRO Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Make-Up Art Cosmetics Inc., our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.

	The trademarks, logos, and service marks displayed on the M·A·C PRO Site (collectively, the "Trademarks") are the registered and unregistered marks of Make-Up Art Cosmetics Inc., our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the limited license in Section 5 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the M·A·C PRO Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

5.	Limited License

	We grant you a limited, revocable, and non-exclusive license to access and make personal non-commercial use of the M·A·C PRO Site. The foregoing limited license does not include the right to: (i) frame or utilize framing techniques to enclose the M·A·C PRO Site or any portion thereof; (ii) modify or download the M·A·C PRO Site or its contents (except caching or as necessary to view content); (iii) make any use of the M·A·C PRO Site or its Content other than personal use and education or other than in accordance with the specific terms and conditions applicable to particular Content; (iv) create any derivative work based upon either the M·A·C PRO Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks; (vii) use the Trademarks for any purpose; (viii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; or (ix) distribute any Content from the M·A·C PRO Site to any third party.

	You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the M·A·C PRO Site for personal, non-commercial use only. A M·A·C PRO Site that links to our M·A·C PRO Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; (vii) may not link to any page of the M·A·C PRO Site other than the home page. We may, in our sole discretion, request that you remove any link to the M·A·C PRO Site, and upon receipt of such request, you shall immediately remove such link.

	Any unauthorized use by you of the M·A·C PRO Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law.

6.	Members Only Access

	Access to some portions of this M·A·C PRO Site (e.g., My Account, Events, Pro-to-Pro, Pro Talk, Email an Artist) is only permitted for M·A·C PRO members through the use of a personalized ID that M·A·C PRO issues to each M·A·C PRO member and a password. Pursuant to and without limiting the generality of Section 5 hereof, any distribution of your personalized ID, password or the Content of this M·A·C PRO Site to any third-party is strictly prohibited. To become a M·A·C PRO member and enjoy all the benefits of membership, a non-member should write to M·A·C PRO MEMBERSHIP, P.O. BOX 435, 3219 YONGE STREET, TORONTO, ONTARIO, CANADA M4N 3S1 or call (877) 553-5536 or (905) 940-2437.

7.	Your Account

	You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, or remove or edit Content, for any reason, in our sole discretion without prior notice. M·A·C PRO reserves the right to terminate M·A·C PRO membership for violations of these Term and Conditions or the Privacy Policy (NA).

8.	Third Party Links

	We are not responsible for the content of any off M·A·C PRO Site pages or any other websites linked to or from the M·A·C PRO Site, including, without limitation, Gloss.com. Links appearing on the M·A·C PRO Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off M·A·C PRO Site pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off M·A·C PRO Site pages or any other websites linked to or from the M·A·C PRO Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off M·A·C PRO Site pages and other websites that you visit.

9.	Submissions

	It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy (NA), by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

	If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

10.	User-Posted Content

	We invite users of the M·A·C PRO Site to participate in certain special features of our MoAoC PRO Site. Some of these features, e.g., Pro Talk, facilitate communication among M·A·C PRO members. Your use of such features and of the information communicated is at your own risk and neither Make-Up Art Cosmetics Inc. nor MoAoC PRO shall have any liability to you or any other person or party with respect to such features, communications or use of information contained therein.

	When you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials ("User Content") on the M·A·C PRO Site, you are entirely responsible for such User Content. In addition, such User Content constitutes a Submission under Section 9 (above). You agree not to (i) transmit, upload, post, e-mail or otherwise make available User Content to the M·A·C PRO Site that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, without limitation, a M·A·C PRO or Make-Up Art Cosmetics Inc. representative or Artist, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) "stalk" or otherwise harass, entrap or harm any third party; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (v) transmit, upload, post, e-mail, or otherwise make available any User Content to the M·A·C PRO Site that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vi) transmit, upload, post, e-mail, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam;" (viii) intentionally or unintentionally violate any applicable local, state, national or international law; or (ix) collect or store personally identifiable data about other users.

	We do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the M·A·C PRO Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the M·A·C PRO Site.

	You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any User Content that is available via the M·A·C PRO Site. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we shall terminate the M·A·C PRO membership of any users who violate these Terms and Conditions or infringe the rights of others.

11.	Online Video (Meet the Artist)

	We offer you the convenience of Pro Video online at the M·A·C PRO Site. You agree to comply with all terms and conditions surrounding your use of Pro Video online including but not limited to all usage restrictions, e.g., limited time for viewing, no copies, and not to circumvent or attempt to circumvent security features. Pro Video is Content and are protected by Section 5 hereof.

12.	Representations and Warranties; Limitation of Liability

	THE M·A·C PRO SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE M·A·C PRO SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

	YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE M·A·C PRO Site; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH THIRD PARTY WEBSITES YOU MAY LINK TO FROM THIS M·A·C PRO SITE OR THE PRESENCE OF OFF-MAC PRO SITE LINKS ON THE M·A·C PRO SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE M·A·C PRO SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.

	FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE M·A·C PRO SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

13.	Indemnification

	You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the M·A·C PRO Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

14.	Disputes

	With respect to any dispute regarding the M·A·C PRO Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the M·A·C PRO Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court(s), and you consent to exclusive jurisdiction and venue in such court(s). Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

15.	General

	You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy (NA), constitute the complete and exclusive agreement between us concerning your use of the M·A·C PRO Site, and supersede and govern all prior proposals, agreements, or other communications.

	We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the M·A·C PRO Site. Any changes are effective immediately upon posting to the M·A·C PRO Site. Your continued use of the M·A·C PRO Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the M·A·C PRO Site.

	Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

	If you have any questions regarding these Terms and Conditions, please contact us by e-mail at promembership@maccosmetics.com.

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