Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.GENBEAUTY.COM (THE "SITE") OR ANY SERVICE OFFERED BY PERSONALIZED BEAUTY DISCOVERY, INC. ("IPSY," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY IPSY SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY IPSY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site. If you don’t agree with any term or condition in this Agreement, please don’t use the Site. If you have any questions, please refer to the Site'’'s FAQs at genbeauty.com/faq. If you don’t find your answer there, email us using this link: help.ipsy.com/customer/portal/emails/new.

1. WELCOME TO GENERATION BEAUTY!

Generation Beauty is a unique beauty experience that brings together the leading beauty and lifestyle gurus, their passionate fans, and top beauty brands for a weekend of fun, inspiration, and networking.

ipsy promotes Generation Beauty on the Site and on social networking platforms controlled by ipsy such as the ipsy Facebook® page, the ipsy Instagram® and Pinterest® boards and the ipsy Twitter® feed (collectively, the "ipsy Online Community").

You can purchase tickets to Generation Beauty on the Site.

Fees: You may access the Site from anywhere in the world without incurring any fees or purchasing a ticket to attend Generation Beauty. In order to attend Generation Beauty you must pay a fee. Prices are quoted in U.S. dollars. Our total price for Generation Beauty tickets will include any applicable sales taxes. Such sales taxes are calculated based on the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

Refunds. We do not allow refunds for tickets purchased, but you may transfer your ticket to Generation Beauty to friends or family. To transfer tickets, email us using this link: help.ipsy.com/customer/portal/emails/new.

2. PRIVACY POLICY

If you have any questions or concerns about this Privacy Policy or our privacy practices, please email us at privacy@ipsy.com.

  • A. Information Collected or Received About You.

    Information you provide when you buy a ticket. If you purchase a ticket to Generation Beauty then you must provide your name, a valid email address, billing address, and credit card information. We collect your email address and use your email address to communicate with you about Generation Beauty and to alert you to ipsy products, services and special offers.

    We link the Site with EventBrite and EventBrite collects your name, billing address and credit card information through our Site. You can review EventBrite’s privacy policy here: eventbrite.com/privacypolicy. We do not control and are not responsible for EventBrite’s site policies. No billing address or credit card information is collected or retained in ipsy’s own systems. Please do not send your billing address or credit card information to our team directly, for example by emailing this information to an ipsyCare representative. Please use the EventBrite online system to enter this information.

    Disclosures you make through social media. We allow you to share your plans to attend Generation Beauty from the Site to social media by using the "Who’s Going" buttons on the Site. In order for this to happen you first must opt-in. You can revoke permission to do this by logging into the social media service and disconnecting the ipsy application from there. Remember that you control the privacy settings on each of your social media platforms. We do not control and are not responsible for these third party social media site policies.

    When you share information about your contacts. You may choose to manually invite your friends to attend Generation Beauty with you by using the "Share with Email" button on the Site. EventBrite collects this contact information and processes your email request. We do not collect the contact information of your friends you provide through the Site to EventBrite.

    Public information you post on other sites. We may collect information you post publicly on third-party sites, but only if you choose to follow instructions we provide. For example, we may collect pictures you post publicly on Instagram and re-post them on our Site, but only if you choose to use the hash tag "#ipsy" inside your Instagram post. You can always have us remove the information from our Site by emailing us using this link: help.ipsy.com/customer/portal/emails/new.

    Third party cookie information. We do not collect log files or cookies from the Site. However, ipsy partners with third-party service providers who set cookies and tracking pixels for Site visitors and members on our behalf in order to deliver their services. These services include targeted online marketing and analysis of data collected through cookies. These technologies allow a partner to recognize your computer or mobile device each time you visit ipsy.com or other sites that also utilize the third party’s services, but do not allow access to personally identifiable information from ipsy. Third parties may choose to include ipsy widgets on their sites. When you load a site that has chosen to include our widgets, we receive analytics information through a cookie that may be used to enhance our data or to improve our services. ipsy does not have access to or control over these third-party technologies, and they are not covered by our Privacy Policy.

    Offline information about you. As you might expect, we usually collect or receive information through our Site. But we also may collect information offline, and it’s important to us that we preserve the privacy of your personal information both online and off. For example, if you contact an ipsyCare representative regarding Generation Beauty, we may ask for your email address. There are other ways we could learn of personal information offline, but this Privacy Policy doesn’t try to predict all those methods. We just want you to know that we try to treat offline information collection, uses, and disclosures consistently with our online privacy practices.

  • B. How we may Disclose the Information we Collect or Receive. We do not sell, rent, trade, license, or otherwise disclose your personal information to third parties, except in these limited circumstances:

    Disclosures required by law or otherwise. We may disclose your personal information if we believe, in good faith, that it’s necessary to: (1) comply with a legal obligation such as in response to a court order or subpoena; (2) protect the safety of fellow ipsters or the public; (3) protect against legal liability; or (4) protect and defend ipsy’s rights or property.

    Disclosures for a business transaction or insolvency. We also may disclose your personal information in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of ipsy’s business or assets. For example, if we merge with another company, we may disclose your personal information to that company, but the disclosure would be subject to our Privacy Policy.

  • C. How you can Control your Personal Information.

    Opt-Out. You can always "opt-out" of having your personal information used for certain purposes. At your request, we will stop sending you certain emails or even deactivate your account to prevent any future purchases through it. You can submit these requests at any time by emailing us at privacy@ipsy.com.

    Block cookies and targeted advertising. You can prevent ipsy’s third-party partners from setting and accessing cookies on your computer by setting your Internet browser to block cookies. You also may remove yourself from the targeted advertising of companies participating in the Digital Advertising Alliance program by opting out here: aboutads.info/choices. Our Site does not act on "do not track" request headers, but you can still limit tracking by taking these steps.

  • D. How we Protect your Personal Information. At ipsy, we take data security seriously. We use technical, physical and administrative safeguards. Online, we encrypt your personal information using Secure Sockets Layer ("SSL"). SSL allows for a private, reliable Site connection where your identity is authenticated with cryptography. Offline, we restrict access to your personal information to only those ipsy employees who need it to perform a specific job function. And we require all ipsy employees with access to your personal information to follow specific practices concerning its proper handling. Third-party service providers assist us with the physical security of some of our computer hardware. When you visit our Site, you access servers that we backup constantly. Our servers are hosted at locations which are private and secure data center facilities, behind physical and virtual firewalls.

    But please remember, while we use industry-standard precautions to safeguard your personal information, we can’t guarantee absolute security. We wish we could, but 100% security just doesn’t exist anywhere online or off.

  • E. Children’s Privacy. We respect children’s privacy. This Site is not intended for persons under the age of 13. If you’re under 18 years old, please do not submit any personal information to us without the consent and supervision of a responsible parent or legal guardian.

  • F. Data Retention. ipsy will retain your information as long as we deem necessary. If you no longer want ipsy to use your information to update you about Generation Beauty events or ipsy products or services please email us at ipsyCare using this link: help.ipsy.com/customer/portal/emails/new.

    You may inform us of any changes or requests in regards to your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. Please email ipsyCare using this link: help.ipsy.com/customer/portal/emails/new. You should not expect that all of your information will be completely removed from our databases in response to your request. ipsy will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

  • 3. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE IPSY SERVICES

    Account Information: If you purchase tickets to attend Generation Beauty from the Site then we will ask you for certain information including your name, email address, credit card information and credit card billing address (collectively, "Account Information").

    Site Content: Other than content submitted to the ipsy Online Community by users ("User Content"), we own, exclusively, all rights, title and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don’t own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without ipsy’s prior written permission. You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

    Trademarks: The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed in the ipsy Online Community or at Generation Beauty are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the ipsy Online Community or at Generation Beauty, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the ipsy Online Community without our written permission or that of the third-party rights holder.

    Information on the ipsy Online Community: We control and operate the Site from the United States. ipsy does not control postings made by third parties to the remainder of the ipsy Online Community. The views expressed in the ipsy Online Community do not necessarily reflect or represent the views of ipsy, its staff or stylists.

    YOU AGREE THAT YOUR USE OF THE SITE AND THE IPSY ONLINE COMMUNITY SHALL BE AT YOUR OWN SOLE RISK, AND THAT IPSY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

    Liability Limit: IN NO EVENT SHALL IPSY OR IPSY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

    THE LIABILITY OF IPSY AND IPSY’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Indemnity: YOU AGREE TO INDEMNIFY AND HOLD IPSY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. IPSY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH IPSY’S DEFENSE OF SUCH CLAIM.

    LEGAL DISPUTES

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IPSY HAVE AGAINST EACH OTHER ARE RESOLVED.

    You and ipsy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Services, or any products purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

    Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

    YOU AND IPSY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND IPSY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    Legal Disputes: Mandatory Arbitration.

    Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.

    You and ipsy each agree that any and all dipsutes or claims that have arisen or that may arise between you and ipsy relating in any way to or arising out of this or previous versions of this Agreement, your use of the Site or Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate in this Legal Disputes Section. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California, as set forth in the Section "Choice of Law". Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.

    Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and ipsy must be resolved exclusively by a state or federal court located in San Francisco County, California. You and ipsy agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

    Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

    No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and ipsy's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

    Entire Agreement: These Terms of Use, [together with our Community Guidelines,] and all other operating rules, policies, procedures, and additional terms that ipsy may publish from time to time on the Site, constitutes the entire agreement between you and ipsy concerning your use of the Site. ipsy reserves all rights not granted under this Agreement.

    Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

    No Agency: You and ipsy are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship isintended or created by this Agreement.

    Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to ipsy must be given by postal mail to ipsy, Attention: Legal Department, 11 North Ellsworth Avenue, San Mateo, California 94401. Any notice to you may be given: (1) to the email address you provide to ipsy during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to ipsy, in which case notice will be deemed sufficient three days after the mailing date.

    Survival: The provisions of this Section 3 shall survive termination or expiration of this Agreement.

    4. MODIFICATIONS TO TERMS OF USE

    We may change the Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If ipsy makes a material change, ipsy will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. ipsy may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site after we have modified this posting will constitute your acceptance of any changes.

    Effective Date: February 1, 2013

    Last Updated: February 28, 2015

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