These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Makeup Creator app (“we,” “us” or “our”), concerning your access to and use of the makeupcreator.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Mobile Application”). You agree that by accessing the Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Mobile Application from time to time are hereby expressly incorporated herein by reference. We may update these Terms and Conditions from time to time in our discretion and will notify you of any material changes. When changes are made, we will post a notification in our Mobile Application. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of these Terms and Conditions will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Mobile Application or Services after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to those changes.
The information provided on the Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Mobile Application is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Mobile Application. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Mobile Application.
Unless otherwise indicated, the Mobile Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Mobile Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Mobile Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Mobile Application, you are granted a limited license to access and use the Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Mobile Application, Content, and the Marks.
By using the Mobile Application, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with these Terms of Use.
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Mobile Application.
You will not access the Mobile Application through automated or non-human means, whether through a bot, script or otherwise.
You will not use the Mobile Application for any illegal or unauthorized purpose; and
Your use of the Mobile Application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Mobile Application or any portion thereof.
You will be required to register with the Mobile Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Mobile Application for any purpose other than that for which we make the Mobile Application available. The Mobile Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Mobile Application, you agree not to:
Systematically retrieve data or other content from the Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Mobile Application.
Use the Mobile Application to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Mobile Application and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Mobile Application.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Mobile Application or the networks or services connected to the Mobile Application.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Mobile Application in order to harass, abuse, or harm another person.
Use the Mobile Application as part of any effort to compete with us or otherwise use the Mobile Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Mobile Application.
Attempt to bypass any measures of the Mobile Application designed to prevent or restrict access to the Mobile Application, or any portion of the Mobile Application.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Mobile Application to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Mobile Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Mobile Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Mobile Application.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Mobile Application.
Use the Mobile Application in a manner inconsistent with any applicable laws or regulations.
The Mobile Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, post user-generated content and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Mobile Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "User Content"). User Content may be viewable by other users of the Mobile Application and through third-party websites or applications. As such, any User Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any User Content, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Mobile Application, and other users of the Mobile Application to use your User Content in any manner contemplated by the Mobile Application and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Mobile Application and these Terms of Use.
Your User Content are not false, inaccurate, or misleading.
Your User Content are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your User Content are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your User Content do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your User Content do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your User Content do not violate any applicable law, regulation, or rule.
Your User Content do not violate the privacy or publicity rights of any third party.
Your User Content do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your User Content do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your User Content do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your User Content do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Mobile Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Mobile Application.
By posting your User Content to any part of the Mobile Application or making User Content accessible to the Mobile Application by linking your account from the Mobile Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content.
We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area on the Mobile Application. You are solely responsible for your User Content to the Mobile Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Mobile Application.
We have the right, in our sole and absolute discretion,
To edit, redact, or otherwise change any User Content;
To re-categorize any User Content to place them in more appropriate locations on the Mobile Application; and
To pre-screen or delete any User Content at any time and for any reason, without notice. We have no obligation to monitor your User Content.
We may provide you areas on the Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the person/entity being reviewed.
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews should not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You should not make any conclusions as to the legality of conduct.
You may not post any false or misleading statements.
You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile Application on wireless electronic devices owned or controlled by you, and to access and use the Mobile Application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.
You shall not:
Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
Use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
Use the application to send automated queries to any website or to send any unsolicited commercial email.
Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”):
The license granted to you for our Mobile Application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
We are responsible for providing any maintenance and support services with respect to the Mobile Application as specified in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Mobile Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Mobile Application.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the Mobile Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Mobile Application.
You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in these Terms of Use against you as a third-party beneficiary thereof.
As part of the functionality of the Mobile Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
Providing your Third-Party Account login information through the Mobile Application; or
Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Mobile Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Mobile Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Mobile Application. You will have the ability to disable the connection between your account on the Mobile Application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Mobile Application. You can deactivate the connection between the Mobile Application and your Third-Party Account by contacting us by email at info@makeupcreator.com. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Mobile Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Mobile Application may contain (or you may be sent via the Mobile Application) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Mobile Application or any Third-Party Content posted on, available through, or installed from the Mobile Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Mobile Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or app to which you navigate from the Mobile Application or relating to any applications you use or install from the Mobile Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Mobile Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Mobile Application and any services provided on the Mobile Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Mobile Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We reserve the right, but not the obligation, to:
Monitor the Mobile Application for violations of these Terms of Use.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof.
In our sole discretion and without limitation, notice, or liability, to remove from the Mobile Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
Otherwise manage the Mobile Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Mobile Application.
We respect the intellectual property rights of others. If you believe that any material available on or through the Mobile Application infringes upon any copyright you own or control, please immediately notify us by email at info@makeupcreator.com. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Mobile Application infringes your copyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while you use the Mobile Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE MOBILE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Mobile Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Mobile Application. We also reserve the right to modify or discontinue all or part of the Mobile Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Mobile Application.
We cannot guarantee the Mobile Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Mobile Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Mobile Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Mobile Application during any downtime or discontinuance of the Mobile Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Mobile Application or to supply any corrections, updates, or releases in connection therewith.
THE MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBILE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your User Content;
Use of the Mobile Application;
Breach of these Terms of Use;
Any breach of your representations and warranties set forth in these Terms of Use;
Your violation of the rights of a third party, including but not limited to intellectual property rights; or
Any overt harmful act toward any other user of the Mobile Application with whom you connected via the Mobile Application.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Mobile Application or to receive further information regarding use of the Mobile Application, please contact us at:
Figuratic AB
Wallingatan 42, 111 24 Stockholm
info@makeupcreator.com
This document was last updated on May 21, 2024.
It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control or to individuals that we do not employ or manage.
By using our Service, you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at Makeup Creator unless otherwise defined in this Privacy Policy.
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to advertising ID, IP address, and location. The information that we request will be retained by us and used as described in this privacy policy.
The app uses third-party services that may collect information used to identify you. Links to the privacy policies of third-party service providers used by the app:
AdMob
Google Analytics for Firebase
Appodeal
Apple
Other information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding Mobile Application traffic and usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
You can delete certain Personal Information we have about you by contacting us by email at info@makeupcreator.com. The Personal Information you can delete may change as the Mobile Application or Services change. When you delete Personal Information, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners and for the purposes described below.
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
To make our Mobile Application and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. Some of the information we collect is directly from you via our Mobile Application. However, we may also collect Personal Information about you from other sources. Any of the information we collect from you may be used for the following purposes:
Create and manage user accounts
Respond to inquiries and offer support
Request user feedback
Improve user experience
Enforce terms and conditions and policies
Protect from abuse and malicious users
Respond to legal requests and prevent harm
Run and operate our Mobile Application and Services
Processing your Personal Information depends on how you interact with our Mobile Application, where you are located in the world, and if one of the following applies: (i) You have given your consent for one or more specific purposes. This, however, does not apply whenever the processing of Personal Information is subject to the California Consumer Privacy Act or European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular, whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
We want to inform you that whenever you use our Service, in the case of an error in the app, we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
We may employ third-party companies and individuals for the following reasons:
To facilitate our Service
To provide the Service on our behalf
To perform Service-related services
To assist us in analyzing how our Service is used
We want to inform users of this Service that these third parties have access to your Personal Information to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
In addition to the rights as explained in this Privacy Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information, please contact us.
We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Mobile Application or Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Mobile Application or Service without their permission.
If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Mobile Application or Service, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).
Our Mobile Application contains links to other mobile applications that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other mobile applications or third parties. We encourage you to be aware when you leave our Mobile Application and to read the privacy statements of each and every mobile application that may collect Personal Information.
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to take necessary actions.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Mobile Application