URBAN DECAY WEBSITE TERMS OF USE

Welcome to the Urban Decay brand web site, which is owned and operated by L'Oreal USA, Inc. (collectively, “Urban Decay”, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this site (the “Site”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE (THE “SITE”) AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.

These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.

  1. PRIVACY. We have developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, by clicking here, and by using this Site you agree to the terms of the Privacy Policy.

  2. GENERAL TERMS AND CONDITIONS. Unless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.

  3. ELIGIBILITY. You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (d) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.

  4. YOUR ACCOUNT. When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event will We be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity.

  5. USER CONTENT. We welcome user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post on the Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”). Subject to our Privacy Policy, all User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

    We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user's misuse or misappropriation of any User Content you post on the Site.

  6. REVIEW OF SUBMISSIONS. We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.

  7. USER CONDUCT. By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Site.

    By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion; (b) harm any person in any way; (c) upload, post, e-mail, or otherwise transmit any User Content that (i) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party; and (iii) you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (e) obtain unauthorized access to any system, data, password or other information; (f) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit others to join or become members of any other commercial online service or other online or offline group or organization; (k) impersonate any other person or entity, including by providing any false personal information to us (including a false user name) or creating any account for anyone other than yourself; (l) submit any person's identification documents or sensitive financial information; or (m) breaches the Privacy Policy. Violation of any of the foregoing may result in immediate termination of your license to access or use the Site, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms and Conditions has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.

  8. NO ENDORSEMENT. We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.

  9. OUR RIGHT TO USE USER CONTENT. You do not have to submit anything to us, but if you choose to submit any User Content to the Site or an Urban Decay hashtag or social page, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.

  10. TRANSMITTING MATERIALS. You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.

    You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.

  11. PRODUCT AVAILABILITY. The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.

  12. CONTESTS. This Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

  13. INTELLECTUAL PROPERTY RIGHTS. The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by L'Oreal or by other parties that have provided rights thereto to L'Oreal.

    Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

    Claims Regarding Copyright Infringement

    Notice. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your 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, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
    Our designated Copyright Agent to receive notifications of claimed infringement is: DMCA Agent c/o L'Oreal USA Legal Department, 575 Fifth Avenue, New York, NY 10017; click here to send an email by choosing “Privacy Policy/Terms of Use” in the drop down option. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

    After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

    Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information in writing to the Copyright Agent:
    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
    • A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the Copyright Agent's receipt of the counter-notice, at our sole discretion.

  14. ACCOUNT TERMINATION. We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer.

  15. THIRD PARTY WEBSITES AND LINKS. You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

  16. THIRD PARTY MERCHANTS. The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.

  17. UD RELOADED TERMS AND CONDITIONS.
    • Your subscription will continue until you cancel it.
    • You can cancel any order up to 24 hours before the next order date by calling 1-800-784-8772.
    • A recurring charge (in the amount of the product selected for auto replenishment) will be automatically charged to your credit card each time the order ships. The shipment schedule will follow the frequency you requested when you selected the product.
    • There is no minimum term of the subscription and no minimum purchase obligation.

  18. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS. We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.

  19. EVENTS. You may be invited or asked to attend events we sponsor or events held by other members and users of the Site, which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.

  20. USE OF SOFTWARE. We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

    We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

  21. DISCLAIMER. VISITORS TO THE SITE AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE IS AT THEIR OWN SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.

    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

    WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT WE OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

    WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THE SITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.

    APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  22. INDEMNIFICATION. By using the Site, you agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the Site or any service available on or through the Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Site applicable to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

  23. LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

    YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE.

    NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.

  24. TERMINATION. We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.

  25. GOVERNING LAW; GENERAL INFORMATION. We control and operate the Site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    You agree that the laws of the State of New York, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

    A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    These Terms and Conditions are the entire agreement between you and us with respect to the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. 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. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.

  26. ARBITRATION. By using this Site, you agree that L'Oreal USA at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with purchasing a product), and participant further waives all rights to have damages multiplied or increased.

    Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

  27. NOTICES. Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

    Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Urban Decay Customer Care, 833 West 16 Street, Newport Beach, CA 92663. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S, mail to your email or mailing address as appearing in our records from time to time.

  28. UD BEAUTY JUNKIES REWARDS PROGRAM TERMS AND CONDITIONS. PLEASE READ CAREFULLY. By participating, you agree to the following rules governing the Urban Decay Cosmetics Rewards Program (“UD Beauty Junkies Rewards”), including binding arbitration in the event of any disputes involving your purchase or participation. You need not join to purchase products at www.urbandecay.com or any Urban Decay retail store. If you do not agree with these rules, please do not enroll.
    1. Overview of the UD Beauty Junkies Rewards Program: The UD Beauty Junkies Rewards Program (the "Program") is sponsored by Urban Decay Cosmetics ("Sponsor") and administered by 500 Friends (“Administer”) through which individuals (“Member”) can collect points by purchasing products on www.urbandecay.com and Urban Decay retail stores. Membership rewards and benefits are valid at www.urbandecay.com and in Urban Decay retail stores only.

    2. General Membership Guidelines: Membership in the UD Beauty Junkies Rewards program is voluntary. You need not join to purchase products at www.urbandecay.com or at any retail location. Membership is nontransferable and is subject to present and future terms and conditions. Communications about the program, including any changes, will be communicated by email or at https://www.urbandecay.com/aboutudbeautyjunkies. Membership in the Program and its benefits are offered at the discretion of Urban Decay Cosmetics. Urban Decay Cosmetics may, at any time terminate, change, limit, modify or cancel the UD Beauty Junkies Rewards Program or any rules, regulations, benefits or conditions of participation by posting the modified rules at https://www.urbandecay.com/aboutudbeautyjunkies. Your continued Membership in the Program after such posting will constitute your acceptance.

    3. Eligibility: The UD Beauty Junkies Rewards program is open to legal residents of the fifty (50) United States and District of Columbia who are 13 years of age or older at the time of registration, who provide and maintain a valid email address. Individuals under the age of majority in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) must have the consent of his or her parents or legal guardian, to participate in this program and a parent or other legal guardian must agree to the enforceability of these Terms and Conditions. The Program is provided to individuals only. Corporations, associations or groups may not participate. Employees of Sponsor and Administrator are ineligible to participate in Program. The Program is void where prohibited by law.

    4. Duration of Program: The current phase of the Program begins at 12:01 AM Pacific Time (“PT”) on October 9, 2015 and ends at 11:59 PM PT on December 31, 2016. In the event the Program is terminated early, Member’s ability to use accumulated points may be affected. Sponsor will advise Member of any change in Program timing by email and message on website.

    5. Enrolling in the Program: You may enroll in the UD Beauty Junkies Rewards Program through https://www.urbandecay.com/aboutudbeautyjunkies. To enroll, you must provide your full name, email address and mailing address and date of birth. Your enrollment will be confirmed with a welcome message at the email address provided which will include your Program enrollment information. One (1) account per person. The person who is the authorized email account holder of the email address indicated when registering will be deemed to be the Member. When a Member redeems points, he or she will need to have a valid physical address linked to his or her Account. If Member does not provide a physical address when required, or if his or her email address is deemed to be invalid, Sponsor reserves the right to not redeem reward, to invalidate the entry or play, and/or to lock Member’s Account, in its sole discretion.

    6. Earning Program Rewards:
      1. UD Beauty Junkies Reward Offers are based on dollars spent on qualifying UD Beauty Junkies online purchases or other qualifying behaviors. Points begin accruing on purchases made after joining the program. Prior purchases are not eligible for program points. UD Beauty Junkies Rewards Offers may be redeemed only for purchases made via www.urbandecay.com and Urban Decay free standing stores. Purchases at Urban Decay counters in department stores, pharmacies or other third party retailers, Travel Retailers and e-tailers are not eligible for the UD Beauty Junkies Rewards program.

        Obsessed Reward Level:
        One Point for each dollar you spend on qualifying purchases
        UD Beauty Junkies Rewards:
        $10 E-Gift/Certificate Reward when you reach 100 Points

        Product Exclusives
        • Limited/Exclusive Products
        • Birthday Gift (Free with Purchase)
        • Free Gift with Purchase Promos
        • Double Point Promos on Featured Products/Categories
        Brand Access
        • Online/Virtual Events
        • In-Store Events
        • Promotional Previews
        Elevated Service
        • Free Shipping with No Minimum
        • Extended Returns
        Freak Reward Level: When Member reaches 200 points,
        All UD Beauty Junkies Obsessed Rewards
        $20 E-Gift/Certificate Reward when you reach 200 Points (after first 100 Points earned)

        Product Exclusives
        • Free Gift With Purchase Promos (Associated with “Freak” Tier Status)
        • Exclusive Sampling
        • First-to-Try/ Early Access Product Preview
        • Last Call Access (Limited Quantities/Retiring Product)
        Rockstar Reward Level: When Member reaches 600 points,
        All UD Beauty Junkies Freak Rewards

        Product Exclusives
        • Free Gift With Purchase Promos (Associated with “Rockstar” Tier Status)
        • Premium Sampling
        • VIP Private Sales Events
        Brand Access
        • VIP Experience Access (Associated with “Rockstar” Tier Status)
        Elevated Service
        • Gift Packaging (material and labor)
        • Expedited Shipping (with Exclusions)
      2. Earnings from purchases will post to your UD Beauty Junkies Rewards account approximately 72 hours from purchase date, delivery date, shipment date or retailer purchase upload date. Earnings are based on dollars spent on qualifying purchases or other qualifying behaviors.

      3. Sponsor reserves the right to change the number of points awarded for purchases at any time during the Program. Points collected through other methods including, such as sweepstakes, may vary in value.

      4. UD Beauty Junkies Reward Offers may make promotional offers selectively available to members, based on purchase activity, geographic location, program participation, or other factors.

      5. From time to time, Urban Decay Cosmetics may also provide members with an opportunity to earn additional Points or UD Beauty Junkies Reward Offers through participation in site activities, such as watching videos, posting reviews/uploading user content (“User Generated Content”) in social media.
    7. User Generated Content: UD Beauty Junkies Rewards may include discussion forums or other features, where Members may upload, display or transmit user generated content and other information of interest to those Members (including without limitation, “User Content”). Each Member agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the program, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Service. When posting User Generated Content, Member must follow these guidelines:
      1. must be at least 13 years old, the sole author and owner;
      2. must disclose any material connection to Urban Decay Cosmetics including receipt of free product samples for review purposes or other compensation [i.e. Points] or affiliation;
      3. must represent your sole opinion and must be true and accurate;
      4. must have permission from any other person(s) featured in your submission;
      5. must not infringe on any patents, trademarks, trade secrets, copyright, right of publicity, privacy right or other right of any party;
      6. must not include any information that references other websites or personal information such as addresses, email addresses, contact information, phone numbers, credit card information, etc. for you or anyone else that can be used to track, contact or impersonate that person;
      7. you grant Urban Decay Cosmetics a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property (“IP”) content that you post like photos and videos;
      8. all "moral rights" that you may have in the User Posting has been voluntarily waived by you.
      Because Urban Decay Cosmetics does not review the substance of Member postings on UD Beauty Junkies Rewards or other communications, every Member must be careful in dealing with other Members to avoid fraud. Member acknowledges that information provided by other Members may, despite the prohibitions set forth in the Terms of Service, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and so Urban Decay Cosmetics cannot and does not confirm that each Member is the person who they claim to be.

    8. Sweepstakes: From time to time, UD Beauty Junkies Rewards may offer a Sweepstakes. No purchase is necessary for participation in any sweepstakes. VOID WHERE PROHIBITED BY LAW. Sweepstakes are subject to Official Rules that will be posted at https://www.urbandecay.com/aboutudbeautyjunkies during the promotion period.

    9. Redeeming Program Rewards:
      1. UD Beauty Junkies Points are valid during the calendar year from the date of issue except for points earned in 2015 which are valid until December 31, 2016. UD Beauty Junkies Rewards must be redeemed in full in a single purchase. Once you use a UD Beauty Junkies Reward Offer or Points, they cannot be re-used. Any unused Rewards balances will be forfeited. Points accumulate over the course of a calendar year and will revert to zero at the end of the calendar year and are not carried over from year to year.

      2. UD Beauty Junkies Reward E-Gift Card/Certificates may be redeemed within 365 days of achieving that E-Gift Card/Certificate. Reward Members may redeem multiple E-Gift Cards/Certificates earned within 365 days of achieving that E-Gift/Certificate. Reward Members may use E-Gift Card/Certificate during multiple purchases either at www.urbandecay.com or at any Urban Decay retail store.

      3. Members must have sufficient Points to redeem UD Beauty Junkies Reward Offers. Points cannot be combined with cash or with another member’s Points to obtain a UD Beauty Junkies Reward Offer. UD Beauty Junkies reserves the right to limit the quantities of UD Beauty Junkies Reward Offers redeemed by a single member in a given time period. UD Beauty Junkies Reward offers can only be used by the owner of the Rewards account. In the event you return a purchase for which you received Points, Points will be deducted based on the dollar value of the return.

      4. Redemption offers may be time-limited or available only in limited quantities.
    10. Returned Purchases: If an item is returned, the earnings will be deducted from your UD Beauty Junkies Rewards Account equal to the amount earned for the applicable amount of that purchase.

    11. Account Activity:
      1. Points and UD Beauty Junkies Reward Offers are available once the points from qualifying purchases appear in users account.

      2. Each Member is responsible for ensuring the accuracy of his/her Account and should check his/her Account regularly. Each Member is responsible for ensuring that the mailing address and the email address associated with his/her Account is accurate and up to date. Sponsor is not responsible for non-receipt of a Reward that was shipped to the mailing address associated with a Member’s Account. Changes to an Account or Account Information may only be made by the Member to whom the Account belongs. Sponsor is not responsible for any incorrect or inaccurate information supplied by any Member participating in the Program.

      3. If a Member believes that points were not properly credited to his/her Account or did not provide Rewards number at the time of purchase, the Member must notify Sponsor by using one of the communication options in the Contact Us page found at https://www.urbandecay.com/contact-us within 30 days of the date the purchase was made.

      4. Upon termination of a Membership/Account for any reason, all points are lost, regardless of how they were acquired by Member.

      5. In the event the Program is extended for another term, points earned during the prior calendar year will not be carried over with the exception of points earned in 2015, which will expire on December 31, 2016.

      6. Memberships/Accounts cannot be transferred to another person.
    12. Duplicate Accounts:
      1. Only one UD Beauty Junkies Rewards Program account may be associated with a single email address. In the event of a dispute over ownership of an account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

      2. If more than one (1) account is assigned to an individual, or if an individual opens more than one (1) account, Member will only receive points for one (1) account. Duplicate Accounts will be cancelled.
    13. Inactive Accounts:
      1. In the event an Account is inactive for any given two (2) year period, the member Member's account will be considered deactivated. Inactivity is defined as no Points earned or no Point redemption. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an Account based on inactivity. In order to reactivate an account a Member must contact customer satisfaction from the email address that is assigned to the account.

      2. Sponsor reserves the right to deactivate an Account in which punches were obtained as a result of fraudulent or unsportsmanlike activity or technical failures of any kind.
    14. Membership Cancellation: You may cancel your membership in the Program at any time by emailing https://www.urbandecay.com/contact-us.

    15. Communication: As a member, you will periodically receive emails from UD Beauty Junkies. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in UD Beauty Junkies Rewards. Examples of these are: the welcome email, a UD Beauty Junkies Reward confirmation email, a monthly Points balance email, or other communications that help us to ensure that your account is monitored. Unless otherwise stated, Points or Reward Offers will be communicated to you via email on a monthly basis.

    16. General Program Conditions and Exclusions:
      1. Artwork, photography, and logos, including those for Urban Decay Cosmetics used in conjunction with UD Beauty Junkies Rewards, on this web site or in print are copyrighted intellectual property of UD Beauty Junkies. These materials may not be reproduced, replicated or doctored in any manner. All other material, including text, photos, and design, is copyright to UD Beauty Junkies and may not be reproduced elsewhere without explicit written permission. All sales and marketing brochures are to be used as reference only and not to be duplicated, printed or reproduced for commercial use.

      2. UD Beauty Junkies reserves the right to cancel, suspend and/or modify the Program, or any part of it, if there is any evidence of virus, worms, bugs, non-authorized human intervention, or any fraud, technical failures or any other factor beyond Urban Decay Cosmetics reasonable control impairs the integrity or proper functioning of the Program, as determined by UD Beauty Junkies in its sole discretion. UD Beauty Junkies reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, Urban Decay Cosmetics reserves the right to seek damages (including Attorneys’ fees) from any such person to the fullest extent permitted by law. Urban Decay Cosmetics’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.

      3. By enrolling in UD Beauty Junkies Rewards, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any data that is untrue, inaccurate, not current or incomplete, or if Urban Decay Cosmetics in its sole discretion, suspects that your registration data is untrue, inaccurate, or incomplete or that you are in any way abusing your membership in UD Beauty Junkies Rewards, Urban Decay Cosmetics reserves the right to suspend, terminate or refuse your participation.

      4. UD Beauty Junkies Reward Points cannot be redeemed for cash at any time (unless required by law).

      5. Points may not be used towards purchases of Urban Decay Cosmetics gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. Points may not be combined with other UD Beauty Junkies promotional offers. Redemption offers are time-limited or available only in limited quantities.

      6. Points may not be combined with another member’s Points, transferred, of sold. Points have no cash value and cannot be redeemed for cash at any time. Points have no purpose or use other than in exchange for benefits, products or services offered by Urban Decay Cosmetics.

      7. Points are not valid unless earned in strict compliance with the requirements set forth and intended by UD Beauty Junkies Rewards and member shall not attempt to earn points by any means (including without limitation, by using any script, bot, data mine or other automated means) that only simulates applicable requirements. In the case of a dispute regarding the Points available to any member, Urban Decay Cosmetics’ decision will be final. Upon termination of membership for any reason, all points will be forfeited and UD Beauty Junkies Rewards will not provide cash equivalent for rewards or Points.

      8. By enrolling in UD Beauty Junkies Rewards, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through UD Beauty Junkies Rewards, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates UD Beauty Junkies Site Terms and Conditions or any Other Agreement.

      9. You further agree not to (a) upload any content that imposes an unreasonable or disproportionately large load on Urban Decay Cosmetics computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise; (b) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Urban Decay Cosmetics, or any third party; (c) creates Member accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of Urban Decay Cosmetics; (d) harvests, scrapes or collects any information from www.urbandecay.com or https://www.urbandecay.com/aboutudbeautyjunkies.

      10. Neither UD Beauty Junkies nor Administrator is responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.

      11. Accrued points are not transferable in the event of death or divorce and do not constitute property of member.
    17. Release: By participating in UD Beauty Junkies Rewards Program, each Member agrees to release and hold harmless Urban Decay Cosmetics, 500 Friends and their respective parents, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, losses or damages of any kind, including personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of any Product or coupon.

    18. Limitation of Liability: The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither UD Beauty Junkies nor respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. UD Beauty Junkies, its officers, directors, employees, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by the Rewards Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, UD Beauty Junkies, ITS JOINT VENTURES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program. By participating in the UD Beauty Junkies Rewards Program, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in UD Beauty Junkies Rewards, use of points or rewards, or agreement to these Terms. Urban Decay Cosmetics is not responsible for requests or correspondence lost or delayed in the mail.

    19. Arbitration/Choice of Law: This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations. Urban Decay Cosmetics and member each agree that any dispute, claim, or controversy arising from or relating to this Program and these Terms or member’s Program membership will be resolved by binding arbitration conducted in the State of New York. Urban Decay Cosmetics and member each acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim, or controversy. Urban Decay Cosmetics and member each understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this Program and these Terms will be consolidated with any other arbitration.

    20. Privacy: Your privacy is important to us. Enrollment information collected by the UD Beauty Junkies Rewards Program is subject to Urban Decay Cosmetics Privacy Policy at www.urbandecay.com.

    21. Questions: If you have questions about your enrollment, these Terms and Conditions, Points or UD Beauty Junkies Reward Offers, please contact UD Beauty Junkies Customer Support at our toll free number 1-800-784-8722.

    22. Sponsor & Administrator: Urban Decay Cosmetics, 833 West 16 Street, Newport Beach CA 92663

LAST UPDATED. These Terms and Conditions were last updated in June, 2016.