WakeupMakeup.com
Terms of Use
* Prohibited Activities * Prohibited Content * Enjoy in Safety * Competition Rules * Terms & Conditions
The following Terms of Use outline your obligations when using the WakeupMakeup website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
This website www.WakeupMakeup.com (hereafter the "Website") is owned and operated by SVL Capital Limited (hereafter referred to as “SVL Capital”, "we", "us" and "our").
This "User Agreement" govern the terms and conditions on which you (the "User") may access and use the Website and its content. This User Agreement is effective as of 1st September 2008.
By using the Website, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you should not use or access the Website.
If you register as a member of the Website (a "Member") the additional terms of this User Agreement specific to Members will also apply to you.
1. Eligibility to use the Website.
You must be 14 years or older to use the Website. By using the Website, you are acknowldege that you are 14 years or older or that you are using the Website with the consent and supervision of a parent or guardian.
2. Privacy Policy
The WakeupMakeup Team takes your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
3. Your Conduct
You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that the Internet is not secure and that you, and not WakeupMakeup, are responsible for all electronic communications and content sent from your computer to WakeupMakeup and you must use the Website for honest and lawful purposes only. You must not use the Website in connection with any of the Prohibited Activities referenced to this Agreement and WakeupMakeup reserves the right to prohibit your access to the Website.
4. Intellectual Property Ownership
4.1 Website Content.
WakeupMakeup and its licensors own and retain all rights, including all intellectual property rights, in all content included on the Website including graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws (collectively the “WakeupMakeup Content”). All WakeupMakeup Content posted, displayed, or available on the Website, including any compilation of the WakeupMakeup Content is the exclusive property of WakeupMakeup and is protected by applicable intellectual property laws. This excludes content posted on the Website by Members),
4.2 Copyright
All WakeupMakeup content posted, displayed, or available on the Website is subject to copyright, and may not be used except with the express written consent of WakeupMakeup or SVl Capital Limited.
You may not copy, display, or post any WakeupMakeup Content offered via the Website on any network computer, web site, bulletin board, or any other publicly accessible medium unless otherwise agreed in writing by WakeupMakeup.
You may not remove or alter, any copyright notices posted on the Website or on any WakeupMakeup content posted, displayed, or made available on the Website. Please contact WakeupMakeup of any copyright infringement of the Website.
4.3 Trademarks
All trademarks, service marks, trade names, logos, designs, slogans, or other identifiers of source (collective the “Marks”) that appear on the Website are proprietary to WakeupMakeup, or other respective owners specified on the Website, or are used by WakeupMakeup to identify the owner of the relevant Mark, goods or services.
WakeupMakeup may not be licensed to use all Marks that appear on the Website. Therefore please do not display or reproduce any of the Marks other than with the prior written consent of WakeupMakeup. Furthermore you may not remove or otherwise modify any trademark notices posted on the Website or on any WakeupMakeup Content posted, displayed, or made available on the Website.
4.4 Licence to Use
WakeupMakeup grants you a limited, personal, revocable, non-transferable and non-exclusive licence to access and make personal use of the Website in strict accordance with the terms and restrictions of this Agreement.
You shall or may not:
(a) download, other than page caching as part of your browser's normal operations, copy or modify the Website or any portion of the Website;
(b) participate in or facilitate any resale or commercial use of the Website or any WakeupMakeup Content;
(c) participate in or facilitate any collection and non-personal use of any lists, descriptions or other content posted, displayed or made available on the Website;
(d) prepare any derivative works of the Website or the WakeupMakeup Content;
(e) participate in or facilitate any use of data mining, robots or similar data gathering and extraction tools to extract for re-use any material or proprietary part of the Website;
(f) publish, distribute, or otherwise transfer any material or proprietary part of the Website or the WakeupMakeup Content; or
(g) create your own database that reproduces a material or proprietary part of the Website or any WakeupMakeup Content.
All rights not specifically granted in this Agreement by WakeupMakeup are withheld and retained by WakeupMakeup.
4.5 Linking to WakeupMakeup.com
You may only link to the Website homepage (www. WakeupMakeup.com).
You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information. This may include images, text, page layout or forms on the Website.
You may not use any "hidden text" or metatags using the " WakeupMakeup" name or any other of WakeupMakeup's names or trade marks.
WakeupMakeup reserves the right to edit or delete any content on the Website. However, WakeupMakeup assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by Members or third party advertisers, partners or trading affiliates.
Please contact us by email or telephone immediately if you become aware of any offensive, harmful or deceptive material on the Website.
5. Member Specific Terms
5.1 Your Account.
On registering as a WakeupMakeup Member, you are to select a username and password which will enable you to access your WakeupMakeup.com membership profile.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You should keep your account and password confidential and secure and should let us know immediately if you suspect any unauthorised use of your account or that your password has become known to anyone else. Members and users are solely responsible for all use of the Website that occurs using your account or password.
Wherever you contribute to the Website you will be identified by your username. If you do not want to be identified in this way, please adjust the settings on your user profile accordingly.
5.2 Services.
By registering as a Member on the Website, you may benefit from a number of services not available to the Website's visitors. These services include:
5.3 Members' Content
WakeupMakeup does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members ("Member Content") of the WakeupMakeup community. By posting any content on the Website, you grant WakeupMakeup a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such content on the Website and to use all or a substantial part of such content in WakeupMakeup's publicity or marketing materials and on any other affiliate websites and WakeupMakeup branded publication media sites available via any digital service, product, platform or alternative. This licence will terminate in respect of any Member Content when you remove such content from the Website, though we shall be entitled to retain archive copies of any such content.
You represent and warrant that (a)you own the content posted by you on the Website or otherwise have the right to grant the above licence to WakeupMakeup and (b) the posting of such content on the Website does not infringe the intellectual property or other rights of any person unless it has been taken where you have permission to do so. You are solely responsible for any content you post on the Website. You may not post any content on the Website that has been obtained from a third party website except where you have permission to do so.
Please take care before making any derogatory comments about any person, goods or services on the Website. You should ensure that any comments you make are expressed fairly, proportionately or justified on a factual basis.
You may only use third party trade marks on the Website to identify the owner of such trade marks, or any goods or services.
5.4 WakeupMakeup Controls
WakeupMakeup reserves the right to refuse access to the Website and to suspend or terminate Members' accounts at its sole discretion.
While WakeupMakeup prohibits persons under the age of 14, we cannot guarantee that all persons using the Website are the age they claim themselves out to be or have the identities that such persons represent to the world in the on-line environment. Thus there are risks of dealing with underage persons or people acting under false pretences as with most online websites and user generated avatars.
By using the Website, you agree and acknowledge such risks and agree that WakeupMakeup is not responsible for the acts and omissions of Members or users of the Website.
6. Information Control
WakeupMakeup cannot and does not confirm the validity or review of information which Members of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available on the Website.
By using the Website, you agree to accept such risks and agree that WakeupMakeup is not responsible for the acts and omissions of users of the Website, advertisers, partners or affiliates.
7. Changes to this Agreement
WakeupMakeup reserves the right, in its sole discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. Your continued use of the Website after any such changes acknowledges your acceptance to the amended Agreement.
Users and Members are responsible for regularly reviewing this Agreement so that you will be aware of any changes.
8. Internet and Website Access
We try our best to. Due to the high popularity of the Website we cannot ensure that availability to the Website is uninterrupted and or that the Website is error-free. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. The duration of any such suspension or restriction will be kept to a minimum.
WakeupMakeup reserves the right to refuse access to the Website or any part of it at any time either to Groups of users, individual users or generally.
WakeupMakeup shall not be responsible for any connection or access or quality of the transmission of any information passing between you and the Website.
Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website. Members and Users must therefore take all reasonably prudent steps to protect your computer software and hardware accordingly.
9. Exclusion of Warranties.
WakeupMakeup gives no warranties whatsoever in relation to the Website or any WakeupMakeup Content, Member Content, third party content, products or services posted, displayed or made available on the Website.
WakeupMakeup excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary rights.
WakeupMakeup expressly disclaims that the Website or the server will be uninterrupted, error-free, timely, secure or otherwise reliable. Furthermore we do not guarantee that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate.
10. Limitations of Liability
10.1 WakeupMakeup excludes liability and responsibility for any loss that might result to you or a third party arising from or in connection with: (a) third party action or error; (b) your use or inability to use the Website or any part of it or the results of a search on the Website; or (c) the nature, accuracy, reliability or truth of content or material on the Website posted by Members or Users.
10.2 WakeupMakeup excludes all liability for any indirect, incidental, consequential, special, exemplary or punitive damages or losses including without limitation loss of profit, loss of data, expected benefit, goodwill or other intangible losses, and liability to third parties. This is regardless whether the action arises in contract, tort or otherwise out of or in connection with your use of the Website, or any suspension or termination of the WakeupMakeup website.
10.3 In no circumstances shall WakeupMakeup be liable to you for any amount exceeding £20 (Twenty Pounds Sterling). In the settlement of such circumstances, WakeupMakeup at its discretion, reserves the right to replace the cash payment due to a Member or User with products, services or vouchers in kind to the value of the amount owed. In such circumstances the RRP price will be deemed to represent the actual monetary value of any products to be supplemented instead of cash.
11. Brand and Product Representation
All products and brands represented in celebrity-related content has been independently selected by the WakeupMakeup.com team and not by the celebrity themselves. The celebrity does not necessarily sponsor or endorse any product or brand included in this content.
12. Indemnity
You agree to indemnify and hold harmless WakeupMakeup, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any claims based on or related to your use of the Website or any breach by you of this Agreement.
13. Entire Agreement
This Agreement represents the entire agreement between you and WakeupMakeup in relation to your use of the Website (including its content), and it supersedes all prior or recent communications (whether in writing, oral or electronic) between you and WakeupMakeup with respect to the Website.
14. Waiver
Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by WakeupMakeup of any right or remedy under this Agreement will prevent WakeupMakeup from enforcing any of its rights or remedies in any other situation where you breach this Agreement.
15. Nature of relationship / Severability
No joint venture, partnership, employment, or agency relationship exists between you ‘the User or Member’ and WakeupMakeup as a result of this Agreement or your utilisation of the Website.
16. Dispute Resolution
Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party may seek and secure injunctive or other equitable relief in enforcing this Agreement in the forum specified below. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be Leicester, UK. The decision of the arbitrator shall be binding upon the parties.
17. Governing Law
This Agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England.
If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
18. Liquidated Damages
If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to WakeupMakeup. As a reasonable estimation of such harm, and not as a penalty, you agree to pay WakeupMakeup £75 for each such unsolicited communication you send through the Website. You understand and agree that £75 per unsolicited communication is a reasonable forecast of the damages WakeupMakeup would suffer as a result of your transmitting unsolicited communications via the Website. Such liquid damages will be applied at the sole discretion of the WakeupMakeup Website Compliance Team.
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