PLUR grants you a limited, revocable, and non-exclusive license to access and make personal use of the Sites. You must retain all proprietary notices on the Sites and/or affixed to the content of the Sites. This limited license dose not include the right to: (1) republish, redistribute, transmit, sell, license or download the Sites or any or all content except as necessary to view the Sties; (2) make any use of the Sites or any or all content other than personal use; (3) frame or utilize framing techniques to enclose the Sites or any portion thereof; (4) use any meta tags or any other “hidden text” utilizing any or all content; (5) collect account information for the benefit of yourself or another party; (6) use any robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the infrastructure of PLUR; (7) modify, reverse engineer or create any derivative works based upon either the Sites or any or all content.
PLUR also grants you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Sites for personal, non-commercial use. Any website that contains such link to the Sites must abide by the following: (1) may link to , but not replicate, any or all of the content of the Sites; (2) may not represent or imply any relationship with PLUR; (3) may not represent or imply any endorsement of PLUR of any website, product or service; (4) may not portray PLUR or PLUR’s products in any manner which is false, misleading, derogatory or otherwise objectionable or offensive; (5) may not associate PLUR or PLUR’s products with any undesirable products, services or opinions; (6) may not contain any content which could be considered obscene, offensive, controversial, distasteful, illegal or inappropriate for any ages.
In addition, PLUR may, in its sole discretion, request that you remove any link to the Sites, and upon receipt of such request, you shall immediately remove such link and cease any activity or activities which link to the Sites until such time as expressly authorized by PLUR in writing to resume such activity.
Products for Personal Use
Policies and Procedures Related to Products and Product Purchase
To view PLUR’s policies and procedures related to purchase of product including orders placed through the Sites (such as shipping, order processing, returns), go to respective pages for specific information.
Briefly, the products displayed on the Sites can be ordered and delivered only within the U.S. and Canada. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from PLUR it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.
While PLUR has tried to accurately display the colors of products on the Sites, the actual colors you see will depend on your monitor and may not be accurate. In addition, PLUR attempts to be as accurate and truthful as possible when describing the other features and information regarding PLUR’s products on the Sites; however to the extent permitted by applicable law, “PLUR does not warrant that the product descriptions, colors, information or other content available on the Sites are accurate, complete, reliable, current or error-free.”
All material and information presented by PLUR is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. PLUR does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. PLUR does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, its look and feel and all software on the Sites is the property of PLUR Makeup LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites (collectively, the “Content”) is the exclusive property of PLUR and protected by U.S. and international copyright laws. All software used on the Sites is the property of PLUR or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with PLUR, using the Interactive Services or using the Sites as a shopping resource. Any other use of Content on the Sites, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance, or other wise exploited, or used for any other purpose, is strictly prohibited with prior written consent from PLUR.
The name PLUR as well as Plurmakeup.com and all page headers as well as custom graphics and button icons are service marks, trademarks of PLUR and may not be used in connection with any product or service that is not offered by PLUR in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PLUR. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”). PLUR will not accept Content from you unless you are a registered user of the Sites.
Your Use of Content on the Sites and Limitation of Liability
Additionally, PLUR is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by PLUR. Therefore, PLUR cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and PLUR shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will PLUR be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use of any Content or enforce limitations on use of the Sites or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. PLUR reserves all rights not expressly granted in and to the Content. When using the interactive services, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
Special Features and Events.
By providing Submissions to PLUR, you represent and warrant that:
You understand you are participating in a public forum and that your Submissions will be available to all other users of the Sites, and potentially Third Party Sites;
PLUR does not endorse any Submissions or content or any opinion of such, recommendation or advice expressed therein, and furthermore PLUR disclaims all liability with respect to or resulting from any and all Submissions. Submissions that include ideas, suggestions, documents or proposals to PLUR through the interactive services, (a) such Submissions are not confidential or proprietary and PLUR has no obligation of confidentiality, express or implied, with respect thereto; (b) PLUR may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Submissions from PLUR under any circumstances unless you are otherwise notified by PLUR in writing.
You may not use false information including a false email address, impersonate any person or entity, or otherwise provide untruthful information to mislead the origin of the Submissions. You agree to indemnify PLUR of all claims arising from or in connection with any claims to any rights in any Submissions or any damages arising from any Submissions.
Guidelines for Interactive Services
You may not use the interactive services to impersonate any person or entity, including, without limitation, any PLUR official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not “stalk” or otherwise harass including advocating or entice harassment of another person or entity, entrap or harm any third party in any way. You may not alter or forge headers or otherwise manipulate the Sites or posts on Sites to disguise the origin of any User Content. You may not, intentionally or unintentionally, violate any applicable law. You may not obtain or store any personally identifiable data of, or about, other users. You may not attempt to gain unauthorized access to the Sites, computer systems or networks connected to the Sites or any computer systems or networks associated with PLUR through password mining or by any other means.
Furthermore, you agree to not post anything that: infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; violates any obligations you may have with respect to such User Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); includes any information that references other websites, addresses, email addresses, contact information or phone numbers; includes anything that could be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation or otherwise objectionable; is inaccurate, misleading, and/or false; to not post anything harmful to minors; contains any destructive software such as viruses, commercial solicitation, chain letters, mass mailings, or any other form of “spam.”
Third Party Content and Third Party Sites
PLUR may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. These links are for the convenience of users only and in no way is an endorsement of such Third Party in anyway. PLUR does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between PLUR and such third party. PLUR does not guarantee, warrant, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. PLUR is not responsible for updating or reviewing Third Party Content or Third Party Sites. In addition, PLUR does not assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including without limitation, their privacy policies and terms and conditions. You explicitly acknowledge and agree that you use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to PLUR through the interactive services, do not necessarily reflect the views of PLUR.
If you access the Sites via your mobile phone or via a wireless device, PLUR does not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
Reservation of Rights
Disclaimer, Representations, Warranties and Limitation of Liability
YOU AGREE THAT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES, FOR ANY CAUSE INCLUDING BUT NOT LIMITED TO: (1) INTERRUPTION OF BUSINESS, (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, (3) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE, (4) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (5) ANY INACCURACIES OR OMISSIONS IN CONTENT, (6) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTiONS WHICH MAY COCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES, (7) EVENTS BEYOND PLUR’s REASONABLE CONTROL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLUR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF PROFITS) RELATED TO THE SITES OR YOUR USE OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE THE SITES) THE SITES OR THE INTERACTIVE SERVICES, EVEN IF PLUR HAS BEE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL PLUR’s MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED US DOLLARS ($100.00). THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
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 PLUR’s infrastructure.
PLUR respects and acknowledge the intellectual property of others. If you believe that any content of the Sites including User Content constitutes copyright infringement, please contact us immediately to notify us of the claimed infringement at: email@example.com .
Consent to Receive Notices Electronically by Posting on the Site and Via Email
or by mail:
PLUR Makeup LLC
404 3rd Avenue North
Minneapolis, MN 55401
DMCA (DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY)
Consistent with the Digital Millennium Copyright Act, if you believe copyrighted materials have been copied in a way that constitutes copyright infringement and posted to the Sites, please send an e-mail or written notice to PLUR’s Designated Agent for notices of infringement and provide the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Sites;
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;
Your name, address, telephone number and email address (if available); and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
PLUR’s DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is its COO, James Bradley, who can be reached as follows:
PLUR Makeup LLC
Attn: Legal Department
404 3rd Avenue North
Minneapolis, MN 55401
E-mail: firstname.lastname@example.org or call
Fraud Protection Program
As part of PLUR’s order processing procedures, PLUR may screen all received orders for fraud or other types of unauthorized or illegal activity. PLUR reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, PLUR may reject your order or its Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. PLUR also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. PLUR may take these measures to protect its customers as well as PLUR from fraud or other unauthorized or illegal activity.