Terms of Use

Welcome to RethinkBeautiful.com (the “Site”, “we”, “us”, or “our”). Please read these Terms of Use (“Terms”) which govern your use of the Site and any service or product that may be offered through the Site. By visiting the Site you agree to these Terms.

Privacy

When you visit the Site we may collect certain information about you and your interactions with the Site. The type of information we collect and how we use and may share it is further detailed in our Privacy Policy located here. By visiting  the Site you agree to the terms of our Privacy Policy.

License and Access

RethinkBeautiful.com grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and any services that may be provided through the Site. You are not permitted to  reproduce, duplicate, copy, sell, or otherwise exploited for any commercial purpose any information, pictures, articles, trademarks, copyrights, logos, advertisements, materials or other content on the Site (together, “Content”).  All rights not expressly granted to you herein are reserved and retained by RethinkBeautiful.com, its affiliates, licensors, publishers, rights holders or other content providers.

Site Modification or Suspension

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, Content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Intellectual Property

This Site and the Content available on the Site is our intellectual property or the intellectual property or our affiliates and licensors. , You are prohibited from using the Site or the Content on the Site in a manner that constitutes an infringement or our, or our affiliates or licensors’ intellectual property rights, including, but not limited to, copyrights, patent rights, and trademark rights. More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You are prohibited from using meta tags or any other “hidden text” to use the RethinkBeautiful.com name or other trademarks without the express written consent of RethinkBeautiful.com. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Copyright Complaints

If you believe your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

RethinkBeautiful.com Copyright Agent for notice of claims of copyright infringement on RethinkBeautiful.com can be reached at:
[email protected]
Or by postal mail at:
185 Madison Avenue, 5th Floor, New York, NY 10016

Please note that this procedure is exclusively for notifying RethinkBeautiful and its affiliates that your copyrighted material has been infringed. RethinkBeautiful may, at its sole discretion, limit access to the Site or terminate the accounts (if applicable) of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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

Registration

You may not use or register with the Site if you are under thirteen (13) years of age. However, certain services offered on or through the Site may require you to be eighteen (18) years old, for instance purchasing products, entering into sweepstakes and participating in sampling and product gifting programs. If you are under 18, do not use those portions of the Site or those services. This Site is administered in the United States and intended for U.S. users; any access or use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Site or services.

Registration is limited to one account per user and user.  You agree that the information that you provide to us upon registration, and at all other times, will be true, accurate, current and complete. You are responsible for keeping your password secure and for any actions taken under your account, whether or not you have authorized such actions. You shall immediately notify RethinkBeautiful.com of any unauthorized use of your password.

Your Comments Reviews and Other Content Posted

You may have the opportunity to post comments, write reviews or provide other content on this Site (“User Content”). If you choose to post User Content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to posting such User Content. When you submit or post User Content, you are granting us and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, create derivative works from, incorporate into other works, distribute, or perform your User Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to use or transfer for commercial purpose and to monetize your User Content. While this license is non-exclusive, you are providing us with the , exclusive right to combining your User Content with the User Content of others r the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that we and our partners are entitled to retain any revenue generated from use of your User Content, and we are under no obligation to give credit or pay any compensation for your User Content. You also acknowledge and agree that we have the right to identify you as the author of any of your User COntent by name, e-mail address or screen name, as we deem appropriate.

Prohibited Content

You are prohibited from posting any content that consists of software viruses, commercial solicitation, political campaigning, any form of “spam” or any content that is illegal, threatening, defamatory, obscene, infringes our intellectual property rights or third-party intellectual property rights, violates law, bullies others, or is otherwise harmful to third parties.  You are prohibited from impersonating any person or entity, or otherwise misleading the public as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit content that violates these terms, but do not regularly review posted content. We have the right but not the obligation to oversee and edit or remove any activity or content. We claim no responsibility and assume no liability for any content posted by you or any third party.

Third Party Content

Third parties not affiliated with us may offer services or products and post content on the Site (“Third Party Content”).  We are not responsible for, and expressly disclaim and liability relating to any Third-Party Content posted on the Site. If you click on Third Party Content and it brings you to another Site, we are not responsible for the content or data collection practices of that Site and you should carefully review their terms of use and privacy policies.

Disclaimer of Warranties and Limitation of Liability

THE SITE, ANY CONTENT, AND ANY SERVICE THAT MAY BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, RETHINK BEAUTIFUL, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “WEBSITE PARTIES”) DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL 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. THE WEBSITE ENTITIES DO NOT WARRANT OR REPRESENT AND DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY FOR: (I) THE COMPLETENESS;  ACCURACY, RELIABILITY OR CORRECTNESS OF THE SITE OR ANY CONTENT, INCLUDING THIRD PARTY CONTENT AND USER CONTENT; (II)ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, SERVICE, OR CONTENT; (III) THE DELETION OF OR FAILURE TO STORE OR TRANSMIT ANY CONTENT AND OTHER COMMUNITCATIONS MAINTAINED BY THE SITE OR SERVICE;  AND (IV) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, SECURE, OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE WEBSITE ENTITIES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICE.

THE SERVICE IS CONTROLLED AND OPERATED FROM ITS FACILITIES IN THE U.S.A. THE WEBSITE ENTITIES MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR ANY LIABILITY INCURRED BY DOING SO..

Indemnity

You agree to indemnify and hold the Website Entities harmless against any claims, liabilities, costs and expenses, including costs and attorneys’ fees, arising from any claim or demand made by any third party relating to (i) your access to and use of the Site or any access or use under your account (if applicable), (ii) your use of the services, (iii) your violation of the Terms, (iv) your infringement of any third party proprietary right, including, but not limited to, intellectual property right; (v) any of your User Content; and (vi) any products or services you purchase in connection with accessing the Site, third party websites you may link to from the Site,  and any third party partners, vendors or service providers.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of any such cancellation or termination, you will no longer be authorized to accessthe Site, in whole or in part. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any termination of your right to use the Site.

Disputes, Choice of Law, and Jurisdiction

This Agreement, as well as the RethinkBeautiful.com and the Privacy Policy, is the complete and exclusive statement of the Agreement between RethinkBeautiful.com and you regarding the Site and any services provided thereon and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between RethinkBeautiful.com and you. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any matter or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in New York, New York as provided in the Section titled “Arbitration” (below). Notwithstanding the foregoing, 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 the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that RethinkBeautiful.com agreement to arbitrate claims constitutes consideration for such waiver.

Notwithstanding RethinkBeautiful.com’s right to modify these Terms, RethinkBeautiful.com agrees that any such modification to the dispute and/or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.

Arbitration

Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.

Contact Information

If you have any questions or comments relating to our website, these Terms of Use or our Privacy Policy, please contact us by email at [email protected]. You may also send us your questions or comments by postal mail at: 185 Madison Avenue, 5th Floor, New York, NY 10016