WEBSITE TERMS AND CONDITIONS OF USE
Effective as of February 28, 2017
Privacy and Protection of Personal Information
Personal and Non-Commercial Limited License
MUD hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials, content or any other information on the Website, reverse engineer or break into (hack) the Website, or use materials, products, or services in violation of any state or federal law. In addition, you shall not manipulate or otherwise display the Website by using framing or similar navigational technology, nor shall you access the Website by any means other than through the standard industry-accepted interfaces. Except as stated above, all rights are reserved. Commercial use of any content on the Website or any goods purchased through the Website is strictly prohibited.
Use Restricted to U.S. Residents
By entering this Website, you acknowledge and agree that MUD operates this Website from its offices within the United States of America and that Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. MUD makes no representations that the materials on this Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.
Access Restriction and Termination
No Unlawful or Prohibited Use
You may not use MUD’s icons, domain names, URL addresses, or other means to hyperlink other Internet sites with any page in the Website. You must obtain prior written permission from MUD to hyperlink in any manner to the Website.
The following actions are also expressly prohibited:
1) Transmitting unsolicited email or spam;
2) Using any MUD domain name as a pseudonymous return email address for any electronic communications;
3) Pretending to be someone else or spoof their identity;
4) Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements;
5) Using the Website to perpetrate fraud, misrepresentation or illegal activity;
6) Attempting to gain unauthorized access to the Website or another user’s account, through hacking, password mining or any other means;
7) Attempting to circumvent or compromise any security measures;
8) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities;
9) Deep linking to any part of the Website;
10) Modifying, altering, or tampering with systems hardware or software;
11) Creating multiple MUD accounts;
12) Intentionally submitting inaccurate information or falsifying information submitted to MUD for the purpose of creating multiple accounts;
13) Reselling or repurposing your MUD account;
14) Exceeding or attempting to exceed quantity limits when using coupons, vouchers or other limited offers and promotions; or
15) Assisting or permitting any person engaging in any of the activities described above.
Password and Responsibility for User Account
When you create an account with MUD, you will be provided with a confidential user name and password. The account is provided solely for your own personal use. Your account is non-transferrable and cannot be sold, combined or shared with any other person. You are solely responsible for all activities that occur under your account, including but not limited to any content and data posted, shared or transmitted through the Website and any messages, online chats or other interactions with other users. You are responsible for keeping your user name and password confidential. You shall not knowingly disclose your user name and password to any third party. You must notify us immediately of any unauthorized use of your user name and password, if you believe that your user name and password is no longer confidential, or if you believe that there has been a breach in security with respect to your account. We reserve the right to require that you change your password if your account is no longer secure. MUD shall not be liable for any loss or damages you may suffer as a result of someone else using your user name and password.
Your access to the Website and your account is solely for your own personal use. You shall not authorize or enable others to use your account. You shall not use the user name or password of any other user at any time, or attempt to impersonate another user, or any person who is not a user.
You may access the Website using one or more mobile devices. Such use shall be subject to your carrier’s normal rates and fees, including any applicable data fees.
Product Displays and Descriptions
MUD has made reasonable effort to accurately display the products that appear on the Website. However, the actual colors of products you see may differ depending on a number of factors, including, but not limited to, your monitor and monitor settings. MUD does not guarantee that the product displays on the Website are accurate.
Product Order Acceptance and Payment
MUD reserves the right to limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, or to orders that use the same billing and/or shipping address. We will notify you if we apply any such limit to all or any part of your order.
Order Confirmation Email
You may receive an email that contains information regarding the details of your order after you have successfully placed an order through the Website. The order confirmation email is your receipt that can be printed for your records. Although MUD makes every reasonable effort to fulfill orders placed through the Website, the receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.
All prices displayed on the Website are in U.S. Dollars. Although MUD makes every reasonable effort to ensure product pricing is accurately listed on the Website, we cannot confirm the price of a product until after your order is placed. Pricing errors may occur on the Website. MUD reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice. MUD may, in its sole and absolute discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Shipping and Delivery
The products can be ordered and delivered online within the United States and certain select countries. Please see our store locator http://www.makeupdesignory.com/stores for a listing of retail locations. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and may not reflect the actual shipping costs incurred by MUD for the specific order. In the event of an authorized return of any products purchased through the Website, MUD is not obligated to include a refund of any shipping and handling charges except when the return is for a defective product. MUD shall have the option to refund any amount owing to you by crediting your credit card or other payment account, or by mailing a check to you at the address provided for the related order. Shipping dates, if any, provided by MUD are estimates only. All products purchased through the Website will be delivered by standard carrier, except as otherwise provided in an order confirmation or other writing provided by MUD. If you fail to take delivery of any product, you will bear any subsequent costs related to holding or storage of such product, and any subsequent shipping related costs of returning or delivering such product.
Risk of Loss and Title
The risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery to the carrier.
Except as may be provided in a separate agreement entered into between you and MUD, your purchase of any product through the Website does not convey to you any license or any other intellectual property right in such product, including, but not limited to, any rights under any patent, trademark, copyright, or trade secret.
Restrictions on Use of Products
You agree to comply at all times with all applicable laws, including the export laws of the United States. You acknowledge that the products purchased through the Website are subject to U.S. export control laws. You therefore represent, warrant, and agree that you will not export or re-export any such products to any destination, person, or entity prohibited or restricted under United States law.
Textbook, cosmetics, and cosmetic supply returns are accepted no more than 10 days from the day the order is received and must be in sellable condition. You will need to contact our shipping department at http://mudshop.us/customerservice/contact to receive a Return Authorization Number. The Return Authorization Number should be written on the outside of your return packaging. You must include a copy of your invoice with your return, so that we can reference the order number when processing your return. You are responsible for paying all return shipping fees. Please ship your return to:
MUD Product Returns
25311 Avenue Stanford
Valencia, CA 91355
Sweepstakes and Promotions
From time to time MUD may provide opportunities to participate in special promotions, contests, games and/or sweepstakes. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link 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. Coupons and special promotions cannot be combined unless specifically authorized.
We do not accept or consider unsolicited ideas, including ideas for new products or services. You should not transmit any material to MUD that you consider to be confidential or proprietary. Any material that you transmit to MUD will be considered non-confidential and non-proprietary. You give MUD an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute any such information. You further agree that MUD has the right to use, without any payment or accounting to you or others, any concepts, know-how, or ideas that you (or those who act on your behalf) transmit to MUD.
Trademarks, Copyright, and Proprietary Rights
The MAKE-UP DESIGNORY, MUD, MUDSHOP and MUD STUDIO names and logos are trademarks of MUD. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the MUD name, logos, or trademarks without obtaining the written permission of MUD or such other third party owner, as applicable.
You acknowledge that MUD will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
This Website is intended for adults age 18 or older. This Website is not intended for any children under the age of 13.
MUD will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of MUD may, from time to time, result in temporary interruptions to the Website. In addition, MUD reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.
This Website may contain links to third-party websites that are not under the control of or maintained by MUD including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of MUD and MUD is not responsible for the contents of any Linked Site. MUD does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk. In no event shall MUD be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or
Any dealings with third parties (including advertisers) included within the Website or Linked Sites 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. MUD shall not be responsible or liable for any part of any such dealings or promotions.
THE PRODUCTS AND INFORMATION ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE AND/OR ANY PRODUCT IS AT YOUR SOLE RISK. MUD DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. MUD HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION, PRODUCT, OR SERVICES ACCESSED OR ACQUIRED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUD THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL MUD BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, ANY PRODUCT PURCHASED THROUGH THE WEBSITE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, ANY PRODUCT, AND/OR CONTENT IS A REFUND OF AMOUNTS PAID TO MUD AND TO CEASE ALL OF YOUR WEBSITE USE, AS APPLICABLE.
Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.
Copyright Infringement Notice Policy
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 copyrighted material has been copied in a way that constitutes copyright infringement, please contact MUD’s designated Copyright Agent and provide the following information:
A. A description of the copyrighted work that allegedly has been infringed.
B. A description of the material that is claimed to be infringing and the URL of where such material is located on the Website, sufficient to permit MUD to locate the material.
C. Your contact information, including an address, telephone number, and e-mail address.
D. A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
E. A statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
F. Your physical or electronic signature.
Send this information to:
By mail: Make-up Designory
Attn: Copyright Agent
25311 Avenue Stanford
Valencia, CA 91355
By email: https://www.mudshop.com/pages/contact-us
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 DMCA.
Choice of Law
AGREEMENT TO ARBITRATE
Please read this Section carefully – it may significantly affect your legal rights, including your right to file a lawsuit. This Agreement to Arbitrate includes procedures for mandatory binding arbitration and a class action waiver.
We Agree to Arbitrate
What is Arbitration
Arbitration is more informal than a lawsuit in courts and seeks to resolve disputes more quickly. Instead of a judge or jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief as a court case, unless otherwise limited by this Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration shall be conducted by the American Arbitration Association (the “AAA”), under its Consumer Arbitration Rules (“Consumer Rules”), and decided by a single arbitrator, in Los Angeles County, California. AAA Consumer Rules can be obtained at www.adr.org or 1-800-778-7879. This document shall be disclosed to the AAA if an arbitration is filed. The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by MUD. Each party shall pay for its own attorneys’ fees and costs.
The Arbitration shall be decided under the Procedures for the Resolution of Disputes through Document Submission for all claims that do not exceed the monetary limit set forth by the AAA at the time the claim is made.
The fact of and all aspects of any arbitration and the underlying dispute shall remain strictly confidential by the parties, their representatives, and the AAA. You agree that any actual or threatened violation of this provision would result in irreparable harm, and will be subject to being immediately enjoined.
Waiver of Jury Trial
If this Agreement to Arbitrate is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial with respect to any dispute to which the arbitration agreement applies.
No Class Actions
Any dispute or claim shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action.
Consent to Receive Notices Electronically