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    Terms & Conditions

    PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

    DEFINITIONS

    All capitalized terms used in this Terms & Conditions that are not otherwise defined have the meanings set forth below.

    “Content” encompasses all text, articles, photographs, images, graphics, illustrations, creative works, written copies, artwork, videos, audio recordings, music, podcasts, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, directories, repositories, and any other material, information, or resources accessible through or on the Service. This includes materials posted, uploaded, transmitted, sent, or otherwise provided by us, our licensors, vendors, service providers, you, other users, or third parties.

    “Fees” mean any and all fees, expenses and charges, including applicable taxes and surcharges, for any product or service, access to any portion(s) of the Service or the Service as a whole, or otherwise incurred through your activity on or through the Service and/or through your account/profile.

    “Service” means any website (including brownskin.com, www.makeupartists.brownskin.com), mobile site, application, social media/email/text/SMS campaign, survey, contest, event, and/or other activity, offering, product or service (including but not limited to our Makeup Artist Directory or our Brown Skin Box), or publication (regardless of how distributed, transmitted, published, or broadcast) provided by us that links to, or references, this document, including without limitation all Content, features and functionality thereof.

    “We”, “Us” “Our” and “CBS”, whether capitalized or not, means Brown Skin Makeup Inc. operating as Brown Skin or Club Brown Skin, and each of its respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns.

    “You” or “Your”, whether capitalized or not, means all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. “You” and “Your” also includes your administrators, executors, successors and assigns.

     

     INTRODUCTION

    These Terms & Conditions constitute a legally binding agreement made between You and CBS concerning your access to and use of the Service.

    By making a purchase from us using the Service, registering for any aspect of the Service, or otherwise accessing, visiting, browsing or using the Service, you consent and agree to be bound by these Terms & Conditions, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions do not apply to websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to from the Service. 

    IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OR CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Please read these Terms & Conditions carefully before accessing or using our Service. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions. We advise that you print or retain a digital copy of these Terms & Conditions for future reference.

    Please make sure to review not only Terms & Conditions but also our Privacy Policy and any other terms and conditions accessible within the Service or communicated to our users. These additional documents, including the Privacy Policy, form an integral part of the agreement between you and us.

    MODIFICATIONS

    You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to the Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

    We reserve the right to add additional rules to the Service, which will be posted in relevant sections and become part of these Terms and Conditions. Your continued use of the Service implies your agreement to comply with these additional rules. The rules, restrictions, and terms outlined in these Terms & Conditions, whether stated here or communicated elsewhere within the Service, constitute the entire understanding between you and us, replacing any prior agreements. Any new features, functionality, or updates to the Service will also be subject to the terms of these Terms & Conditions unless explicitly stated otherwise.

    USING THE SERVICE

    AGE. By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Service. 

    REGISTRATION AND ACCOUNT/PROFILE CREATION

    Registration Information

    • At times, you may be required to register for certain products, services, contests, surveys, or to set up an account/profile to access specific areas of the Service. During registration, you may provide various information, including but not limited to your name, contact details, and payment information, referred to collectively as “Registration Information.” It’s essential that all Registration Information provided by you is accurate, complete, and solely yours. You agree not to impersonate or misrepresent yourself during the registration process.
    • If any of your Registration Information changes, you are responsible for promptly updating it through the available mechanisms on the Service or by contacting us directly.
    • We reserve the right to modify, remove, or repossess any provided passwords, Usernames, avatars, or other Registration Information at our discretion.
    • Registration Information will be treated in accordance with our Privacy Policy.

    Account Security

    • You are solely responsible for maintaining the confidentiality of your Registration Information. You must not authorize anyone else to access or use your account/profile, nor should you use anyone else’s Registration Information to access the Service. Any attempt to sublicense, transfer, sell, rent, or assign your Registration Information without our approval will be considered a material breach of the Terms & Conditions.
    • You are accountable for all activities conducted under your account/profile, including unauthorized usage. You authorize us to process transactions initiated using your Registration Information.
    • If you suspect unauthorized access to your account/profile, you must promptly update your Registration Information or close your account/profile and notify us.

    Fees and Payments

    • We and third party providers may charge Fees for products and services made available through the Service or access to the Service. You agree to pay all Fees for the products and services you request. By submitting payment information, you authorize us and our third party providers to retain such information and charge all Fees to the provided payment method. Fees are subject to change, and we may institute new Fees at our discretion.
    • We may charge Fees on a monthly, weekly or other frequency that is applicable to a product or service requested by you. All Fees are due promptly and are non-refundable.
    • If payment issues arise, you must notify us within thirty (30) days. Failure to do so waives your right to dispute such issues. Failure to pay Fees or if a payment is returned to us and fails to complete, including a chargeback, we reserve the (1) right to request payment of full balance, (2) assess additional late charges, (3) charge Fees to another payment method you have on file or have provided us; (4) terminate or suspend your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Terms & Conditions, including without limitation any of our purported obligations hereunder; or (5) take any other action available at law including collection activity or legal action.
    • Additionally, you are responsible for maintaining all necessary equipment and services to access the Service, including any fees charged by your mobile carrier for mobile access.

    MONITORING AND COMPLAINTS AGAINST OTHER USERS

    We are committed to ensuring a positive online environment for our users, which may entail monitoring activities on the Service to uphold compliance with the Terms & Conditions. By using the Service, you expressly consent to such monitoring. You acknowledge and agree that:

      • We do not guarantee that the Service, or any part of it, will be continuously monitored for accuracy or unacceptable use.
      • Authentication of factual statements is not assured.
      • We may not take specific actions, or any action at all, in response to challenges or disputes regarding compliance with the Terms & Conditions.
      • Content is generally not pre-screened before being made available on the Service by users. Consequently, you may encounter Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Terms & Conditions.

    Complaint Against Another User

        • While using publicly accessible areas of the Service, you may encounter Content that is opinionated, offensive, and/or inappropriate, some of which may breach the Terms & Conditions. However, not all such Content is actionable. If you have a genuine complaint about another user, please seek independent legal advice and consider these steps:
        • Harassment: If you suspect that another user is engaging in harmful behavior, such as impersonation, stalking, bullying, threats, or harassment, we advise you to contact local authorities or relevant state or federal agencies.
        • You acknowledge that making false or inaccurate accusations against others, alleging criminal behavior, inappropriate actions, or violations of our Terms & Conditions, could result in legal consequences or expose you to liability for damages, including costs and attorney fees.

    OTHER 

    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. 

    You must ensure that your device and associated equipment, software, and services do not disrupt the Service’s operation or interfere with others’ access. We reserve the right to disconnect any disruptive devices or equipment from the Service without notice. If you provide us with a device number or identifier, you confirm that the device is registered in your name or with your permission.

    The Service is for personal, non-commercial use unless otherwise stated. You are responsible for all activities on the Service using your account or authorized devices.

    We do not endorse or review all content or products linked to the Service. Your use of linked sites or services is at your own risk.

    You must adhere to all relevant laws and regulations while using the Service. Any security breaches or illegal activities must be reported promptly.

    You must comply with import and export control laws and not transfer restricted content to prohibited entities or locations.

    You confirm that you are not in a country subject to Canadian sanctions, U.S. Government embargo or designated as a terrorist-supporting country.

    Content, products, and the Service’s design are protected by copyright and trademark laws. Unauthorized use is prohibited.

    You are not permitted to:

    1. Utilize others’ registration information or accounts.
    2. Make commercial, advertising, promotion or marketing use of the Service without explicit permission from us.
    3. Impersonate others or misrepresent affiliations.
    4. Post spam, phishing attempts, or deceptive content.
    5. Engage in illegal activities or incite violence.
    6. Share offensive, pornographic, or harmful content.
    7. Disclose confidential information or provide professional advice.
    8. Disrupt the Service’s operation or security.
    9. Post malicious software or attempt to hack the Service.

    CONTESTS

    All contests by CBS shall be subject to these Terms & Conditions including the following:

    • All contests are conducted in accordance with applicable law. Contests are void where prohibited by law.
    • Eligibility: Participants must be 18 years of age or older to enter.
    • Entry Requirements will be outlined on social media posts on accounts operated by CBS.
    • Prize Substitution: If we are unable to provide the stated prize for any reason whatsoever, we will provide the cash equivalent of the prize’s value. The value of the prize will be in the currency of the country in which the entrant is located.
    • Skill Testing Question: For Canadian residents, a skill-testing question may be required to claim the prize.
    • Winner Notification: Winners will be notified by the notification date specified in the contest details. Winners have three (3) business days following notification to claim their prize. If the prize is not claimed within this period, the prize will forfeited. 
    • Publicity: By accepting the prize, winners agree to the use of their name and likeness for promotional purposes without additional compensation, except where prohibited by law.
    • Disqualification: We reserve the right to disqualify any entry that does not comply with these terms and conditions, or any participant who is found to be tampering with the entry process or the operation of the contest.
    • Technical Issues: CBS is not responsible for technical failures or any other issues beyond our control that may prevent entry into the contest or affect the contest’s operation.
    • Personal Information: By entering the contest, participants consent to the collection and use of their personal information by CBS for the purposes of administering the contest and awarding the prize. Personal information will not be shared with third parties except as necessary for the administration of the contest or as required by law. For more details, see our Privacy Policy. 
    • Modification and Termination: CBS reserves the right to modify, suspend, or terminate the contest at any time without prior notice. No compensation shall be payable to any party in the event of such modification, suspension or termination. 
    • Governing Law: The contest is governed by the laws of Ontario and any disputes will be subject to the exclusive jurisdiction of the courts of Ontario.
    • Agreement to Rules: By entering the contest, participants agree to abide by these terms and conditions and the decisions of CBS, which are final and binding in all matters related to the contest.

    • Alternative Method of Entry (AMOE): Participants may also enter any contest without using a social media platform by emailing us at [email protected] with their contact information and request for entry. All AMOE entries must be received before the contest ends.

    CONTENT

    The comments made on the Service do not necessarily reflect our endorsement. We neither endorse nor support the comments, opinions, or statements posted on or through the Service. The responsibility for any Content lies with its creators, and it may not represent our views or those of our licensors, vendors, or service providers. By accessing the Service, you agree that we and our affiliates are not liable for any Content, including any violations of the Terms & Conditions.

    For information regarding the use of your Personal Information collected during your use of the Service, please refer to our Privacy Policy.

    By engaging in various activities such as posting, uploading, transmitting, sending, or making Content available, registering for the Service, participating in sweepstakes or contests, or communicating with us through the Service or otherwise, you grant us an irrevocable, royalty-free, perpetual, nonexclusive, unrestricted, worldwide license. This license allows us to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise utilize all such Content and communications in any medium, existing now or developed in the future, for any purpose, including commercial purposes. Furthermore, you authorize us to grant the same rights to others. This includes the use of any ideas, suggestions, developments, and/or inventions you provide without compensation or attribution to you.

    Please note that any Content disclosed in publicly accessible areas of the Service may be viewed by other users. We are not responsible for the consequences of the Content or Personal Information you choose to share on the Service.

    We reserve the right to review, edit, add, delete, or otherwise modify any features, functionality, or Content on the Service without notice. This includes your account/profile content or any communication you make through the Service. Even after removal, copies of Content may remain viewable by us or third parties.

    We respect intellectual property rights and may terminate the accounts of users who infringe on the copyrights of others. We may also remove infringing Content. If you believe your Content has been copied or used in a way that infringes your copyright, please seek legal advice and you may notify us using the contact information provided at the end of these Terms & Conditions.

     

    GENERAL CONDITIONS 

    We reserve the right to refuse Service to anyone for any reason at any time. 

    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 

    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions. 

    ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

    We are not responsible if information made available through the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material made available through the Service is at your own risk. 

    The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information made available through the Service. You agree that it is your responsibility to monitor changes to the Service. We are not providing individualized guidance or advice through the Service. While you’re encouraged to explore topics of interest and the Service may offer general Content and products covering various subjects like beauty, lifestyle, medical, health, legal or financial matters, it’s important to note that the Service does not offer personalized advice on these issues. It is highly recommended that you seek advice directly from qualified professionals for any specific concerns. You bear the responsibility of assessing the suitability and potential risks associated with using the Service before making decisions based on them.

    The products and Content provided through this Service are not intended to serve as professional medical, health, legal, tax, or financial advice. They do not endorse specific financial instruments or investment strategies, nor do they diagnose, cure, or treat any medical or health conditions. Always consult with a qualified professional for advice. Alongside all other limitations and disclaimers outlined in the Terms & Conditions, you agree that both we and third-party providers disclaim any liability or loss arising from the products or Content accessed through this Service.


    MODIFICATIONS TO THE SERVICE AND PRICES 

    Prices for products and services are subject to change without notice. 

    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

     PRODUCTS OR SERVICES SOLD BY US

    Certain products or services may be available for purchase through our Service which are provided by CBS as the seller.

    We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction at any time and for any reason. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.

    Pricing and description of our products or services are subject to change at anytime without notice, at our sole discretion. We reserve the right to modify or discontinue any product or service at any time, without notice. Any offer for any product or service made through our Service is void where prohibited. 

    All products and services are sold as-is, without warranty. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our Service will meet your expectations, or that any errors in the Service will be corrected.

    All prices are on our website are in US dollars, unless otherwise stated.

    The following is additional information and conditions for the Makeup Artist Directory and Brown Skin Box:

    Makeup Artist Directory

    The Makeup Artist Directory, available via www.makeupartists.brownskin.com, offers three membership options to makeup artists wishing to join the directory, each with varying levels of access and benefits: Free, Annual, and Lifetime. Each membership tier grants increasing visibility, with full profiles available to paid Annual and Lifetime members.

        • Lifetime plans are valid for the operation of the Makeup Artist Directory.
        • We reserve the right to change the price of the plans at any time and for any reason.
        • By registering for the Makeup Artist Directory, users who are makeup artists can create a profile where other users can search for makeup artists based on criteria such as location, occasions and events expertise, community experience, years of experience, gender, international travel availability, and price range. Full search criteria is only available under paid membership plans.
        • Users are permitted to leave reviews reflecting their experiences with makeup artists and may utilize the provided contact details to communicate directly with them. You agree that we bear no responsibility or liability for the content of these reviews, including any potential consequences or damages incurred as a result thereof. Additionally, we retain the sole discretion as to whether or not to remove any reviews from profiles, without any obligation to do so.
        • You agree that the information provided in your profile is accurate and up-to-date. You are responsible for maintaining the accuracy of your profile information.
        • We reserve the right to remove any profiles or content that violate these Terms and Conditions without prior notice or for any other reason at our sole discretion, including due to repeat negative reviews.
        • The Makeup Artist Directory is provided “as is,” and we make no warranties regarding the accuracy, reliability, or availability of the directory, the artists listed or Service.
        • We do not endorse or guarantee the quality of services provided by listed artists. Users are encouraged to conduct their own research and due diligence before hiring a makeup artist.
        • From time to time, CBS may identify a top Makeup Artist based on an independent review of such Makeup Artist’s portfolio. “Verified” badges may be awarded or revoked by CBS for any listing at any time and in its sole discretion for any reason. 

    Brown Skin Box

    1. The Brown Skin Box (“BSB”)is a beauty box that is curated for people of colour. BSB may be available exclusively online through the Services.
    2. BSB is available in limited quantities and is FINAL SALE with no returns or exchanges permitted.
    3. We have made every effort to display as accurately as possible the colors and images of our products that appear via the Service. We cannot guarantee that your computer monitor’s display of any color will be accurate. 
    4. Products in BSB are not manufactured by CBS.

    ACCURACY OF BILLING AND ACCOUNT INFORMATION 

    We reserve the right to refuse any order that you place with us for a product or service that CBS offers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

    You agree to provide current, complete and accurate purchase and account information for all purchases from us that are made on our Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

    You agree that all sales of products and services from us are final and no refunds shall be issued. For more details, please review our .

    OPTIONAL TOOLS 

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

    Any use by you of the optional tools offered through our Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

    We may also, in the future, enhance, modify, remove or add to our Services (including but not limited to the release of new features, tools and resources). At all time, such new Services shall also be subject to these Terms & Conditions. 

     THIRD PARTY PRODUCTS AND LINKS

    General. Certain content, products and services available via our Service may include materials or products from third-parties. Third-party links on our Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

    Compensation Disclosure: We may receive compensation in various forms, such as commissions or fees, for purchases of products that are provided by third parties and linked from our Service.

    Product Orders, Prices, Quantities: Please note that images of products may not fully represent their actual appearance, color, specifications, or features. While we strive for accuracy, nothing on our Service constitutes a binding offer to sell, rent, auction, distribute, or give away any products.

    Limitations of Liability: Unless explicitly stated otherwise, all transactions for products available on or through our Service are between you and the third-party provider, with no involvement from us. While you’re using our Service to bid on, link out to, purchase, order, obtain, or research products, please understand that we assume no responsibility for the quality, quantity, size, characteristics, fitness for a particular purpose, specifications, features, functionality, safety, or legality of those products. This includes the accuracy of product listings and the sellers’ ability to deliver the products. By using our Service, you agree that we’re not liable for any products available through it, even those that violate our agreement, such as illegal, offensive, or illicit items.

    Warranty Claims: In the event that a product fails to meet applicable warranty standards, you may be able to seek a refund of all or part of the fees from the relevant third-party provider. Please note that neither we have no warranty obligations regarding products.

    Your Usage Obligations: Unless expressly permitted by us, all products (including those provided by us as seller) are intended for your personal, non-commercial use only. You’re prohibited from renting, leasing, lending, selling, sharing, providing, giving, or otherwise transferring products to third parties. You’re solely responsible for your own use of products and for ensuring that any individuals you authorize to use the products also comply with these terms. It’s essential to use the products in accordance with all applicable international and U.S. laws, rules, and regulations. Any improper use of the products, as determined at our sole discretion, may result in the termination of your access to our Service.

     USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

    If, at our request, you send certain specific submissions (for example contest entries, surveys) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions. 

    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related platform. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

     PERSONAL INFORMATION 

    Your submission of personal information through the store is governed by our Privacy Policy.

     ERRORS, INACCURACIES AND OMISSIONS 

    Occasionally there may be information available through the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

     PROHIBITED USES 

    In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

    We reserve the right to terminate your use of the Service for violating any of the prohibited uses. 

    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

    We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. We expressly disclaim all warranties, including but not limited to accuracy, reliability, merchantability, and fitness for a particular purpose.

    You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

    You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

    In no case shall CBS, our directors, officers, employees, parents, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products or services procured using the Service, or for any other claim related in any way to your use of the Service or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

     INDEMNIFICATION 

    You agree to indemnify, defend and hold harmless CBS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content, products or services obtained on or through the Service, breach or alleged breach of the Terms & Conditions, or from any of your acts or omissions in connection with the Service.

    SEVERABILITY 

    In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. 

    TERMINATION 

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of Terms & Conditions for all purposes. 

    These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services

    We reserve the right to terminate, suspend, or restrict the Service, your account/profile, or the Terms & Conditions for any reason, with or without notice. Even after termination or suspension, we may retain copies of your Content and account/profile information.

    Arbitration, Waiver of Class Action Suits, and Dispute Resolution: By using the Service, you agree to resolve any claims through arbitration on an individual basis, waiving the right to participate in class actions. The arbitration will be administered by the National Arbitration and Mediation in accordance with its rules. Certain claims, such as those filed in small claims court or regarding intellectual property rights, are excluded from arbitration. To opt out of arbitration and the class action waiver, you must notify us in writing within 30 days of first accessing the Service.

    ENTIRE AGREEMENT & ASSIGNMENT

    The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

    These Terms & Conditions and any policies or operating rules posted by us through the Service or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions). 

    We may license, transfer, sell or assign the Terms & Conditions, or any of our rights and obligations hereunder, to any person or entity at any time, but you may not do so without our consent.

    Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party. 

    GOVERNING LAW 

    These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada. 

    Compliance with Applicable Law: You are responsible for complying with all applicable laws and regulations when accessing or using the Service.

    CONTACT INFORMATION 

    Questions about the Terms & Conditions should be sent to us at [email protected]. 

    Our contact information is posted below: 

    Brown Skin Makeup Inc.

    Ontario, Canada
    [email protected]

    Club Brown Skin and Brown Skin Box is a trademark of Brown Skin Makeup Inc.

    Published: April 23, 202