Terms of Use Agreement

www.powdabox,com (the “Site”)

Latest revision date: September 14th, 2015

This Site is provided solely to assist customers in gathering information, posting opinions, reviews and ratings and, engaging in interactive forums on skincare, hair care and beauty products and tools. Powdabox.com and all entities that are controlled by or affiliated or under common control with Powdabox.com are collectively referred to herein as
“Company”. The following terms and conditions (collectively with the Privacy Policy at http://www.powdabox.com/your-privacy-rights/ the “Terms of Use”) are a legally binding agreement between each user (“you” or “your”) and “Company” ( “we,” “us,” “our” or “ours”) and apply to Company and the content, features, services, social media channels and applications offered by Company (collectively “Service”). By accessing or using the Service, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you are over the age of eighteen (18).

We reserve the right to amend this agreement at any time without notice. If we do post revisions, we will post the amended Agreement on this page as well as the date of such revision. Your continued use of the Service after any such changes constitutes your agreement to be bound by such changes and the revised Terms of Use. If you do not agree to any of these terms or future terms of use, do not use or access the Service. This agreement applies to all visitors, users, and others who access the Service (“Users”)

No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Without limiting the foregoing, to the maximum extent permitted by applicable law, Company, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.

Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

To the maximum extent permitted by applicable law, Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company, Service or any hyperlinked website or service, or featured in any banner or other advertising, and Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Disclaimer with Respect to Content

A variety of information, opinions, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Site. Some of the Content is provided by Company or its suppliers, and other Content is provided by Users, such as User opinions and views provided via posts to the Service and to chat rooms, blogs, bulletin boards, or discussion forums. While Company strives to keep the Content that it posts on the Site accurate, complete, and up-to-date, Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Company or its suppliers, or by Users of the Service. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Company. They do not reflect the opinions of Company and they have not been reviewed by a physician, psychologist or parenting expert or any member of the Company’s editorial staff for accuracy, balance or objectivity. Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Service.

Company does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Service.

Notwithstanding the foregoing, Company will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA THE SERVICE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER COMPANY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE OR COUNSELING, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

Use of Service

As a condition of your use of this Service, you warrant that (i) all Content is true, accurate, current and complete, (ii) if you have a Powdabox.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) Company retains the right at our sole discretion to deny access to anyone to this Service and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Prohibited Activities

The Content and information on this Service (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Company. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Service. Additionally, you agree not to:

Use the Service or its Content for any commercial purpose; access, monitor or copy any Content or information of this Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission, violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; deep-link to any portion of this Service for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of this Service into any other website or service without our prior written authorization; attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Company in connection with the Site or the Service.

Reviews, Comments, and Use of Other Interactive Areas

Please be aware that by submitting Content to this Service by electronic mail, postings on this Service or otherwise, including questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Company may choose to provide attribution of your comments or reviews at our discretion. You further grant Company the right to pursue at law any person or entity that violates your or the Company’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

The Service may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of websites or other content, messages, materials or other items on the Site (“Interactive Areas”). If Company provides such Interactive Areas you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Company;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content or links to content that, in the sole judgment of Company, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Company or its affiliates or its users to any harm or liability of any type.

Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Company is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Service at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Company or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against Company by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of the Service in violation of the foregoing violates these Service Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Service. In order to cooperate with legitimate governmental requests, subpoenas and court orders, Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Company has right to disclose any such information shall take precedence over any terms of Company’s Privacy Policy.

Trademarks

Content also includes Company marks and logos that are trademarks or service marks of ours. All other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are not granted any rights to use any trademarks, service marks or logos through your to access the Service.

Copyright Protection

Content and the Service are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Further, each individual element of Content constitutes a copyrighted work, and you must abide by all additional copyright notices or restrictions contained in this Service. Unless specifically and expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, translate, broadcast, create derivative works from, transmit, sell, offer to sell or in any way exploit any Content, in whole or in part. In other words, the Service and each individual element of Content are protected from unauthorized copying, distribution, publication, dissemination and other use by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as specifically and expressly stated in these Terms of Use or otherwise granted to you in writing, no rights (by implication, estoppel or otherwise) are granted to you. Any and all rights not expressly and specifically granted are hereby reserved. Nothing in these Terms of Use will affect, impair or limit in any way our rights to fully exploit any and all of the Content and Service. To the extent the Content and Service, or any element thereof, are not protected by copyright laws, all such Content and/or elements of the Service are proprietary to Company and are similarly protected from unauthorized copying, distribution, publication, dissemination and other use.

Designated Agent for Copyright Infringement Claim

If you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent.

For further details please email: legal@powdabox.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts or profiles of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimers

THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SITE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANYAND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES:
(A) DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE;
(B) DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE (REGARDLESS OF WHETHER COMPANY HAS RECEIVED PAYMENT IN CONNECTION THEREWITH);
(C) DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE;
(D) THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND WILL NOT BE CONSTRUED TO: (i) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (ii) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL, OR (C) RECOMMEND, ENDORSE, OR ADVICE REGARDING ANY MEDICAL OR FITNESS PRODUCT, PROGRAM OR TREATMENT.
FURTHER, THE COMPANY RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH COMPANY INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, THE COMPANY DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

COMPANY IS NOT AND WILL NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING, AS A RESULT OF BREACH ANY TERMS OF THESE TERMS OF USE), INCLUDING GOODS AND SERVICES PROVIDED BY THIRD PARTIES, INCLUDING ADVERTISERS, THAT ARE MADE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE.
The Service is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the service is appropriate or available for use in other locations. Those who access or use the site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from:

  1. Your use of and access to the Service, including any data or work transmitted or received by you;
  2. Your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;
  3. Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
  4. Your violation of any law, rule or regulation of the United States or any other country;
  5. Any claim or damages that arise as a result of any of your User Content or any that are submitted via your account or profile; or
  6. Any other party’s access and use of the Service with your unique username, password or other appropriate security code.

FTC Disclosure

You acknowledge that: (i) we may receive from marketers free products that we review or discuss in our Content and (ii) we may receive compensation in connection with advertisement or stories regarding run advertisements or stories on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.

Links to the Service

We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.

Third Party Links

We may provide, or third parties may provide, on or through the Service, links to other websites or resources. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such external sites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external sites or resources. These links sites are for your convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links. YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH SUCH LINK INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

Release

If you have a dispute with one or more users of the Service, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.

Governing Law

These Terms of Use and the relationship between you and the Company will be governed by the laws of the United States of America and the State of California as an agreement wholly performed therein without regard to its conflict of law provisions and the United Nations Conventions on Contracts (if applicable).
Any dispute relating in any way to your use of the Service will be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
You also hereby expressly waive any right to resort to any form of class action.

Notification Procedures

Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

Entire Agreement/Severability.

This Agreement, together with any other legal notices and agreements published by the Company on the Site or via the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Any rights not expressly granted herein are reserved.