Motivescosmetics.com Terms of Use

January 24, 2017

Welcome to motivescosmetics.com. Market (United Kingdom) Ltd. provides Web site features to you subject to the following terms of use (the "Terms"). The Site includes any Motives cosmetics-branded URL, including, without limitation, www.motivescosmetics.com, and features, content and applications offered from time to time in connection with motivescosmetics.com (collectively, the "Site").

We work closely with Shop MA, Inc., Shop.com Market Place, Inc., Conquer Entertainment, Inc., Live Enterprise, LLC, Market America Worldwide, Inc. and each of their various subsidiaries and affiliated companies (collectively the “Affiliates”). Throughout these Terms, Market (United Kingdom) Ltd. is referred as “MUK” “Company” “we” “us” and “our”.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN MUK AND YOU.

1. Binding Effect / Users.These Terms of Use (“Terms”) set forth the legally binding terms for your Use of the Site. “Use” of or “Using” the Site includes browsing, using or accessing all or any part of the Site. By ticking into the consent checkbox prompted to you the first time you interact with the Site signifies that you have read, understand and agree to be bound by these Terms, whether you are a “Visitor” (which means that you Use the Site without being registered) or a “Registered User” (which means that you have registered with motivescosmetics.com OR you have registered with any other MUK site and logged into motivescosmetics.com). If you are a Registered User and not a MUK UnFranchise® Owner you will be deemed a “MUK Preferred Customer.” The term “User” refers to a Visitor or a Registered User. You should only use the Site if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue Use of the Site immediately. To become a Registered User you must indicate your acceptance of these Terms during the registration process

2 Other Policies / Terms. All policies currently posted on the Site, such as Privacy Policy and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms.

3. Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on the Site. Each such modification shall be effective upon posting. You are encouraged to check at the terms regularly. If you do not agree to the modified terms, you should discontinue using the Site. Your continued Use of the Site after MUK posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.

4. Eligibility. Being a Registered User of the Site (“Registration”) is void where prohibited by law. By Using the Site, you represent and warrant that (a) all registration information you submit to the Site and all other MUK sites is truthful, accurate, current and complete; (b) you will update and maintain the accuracy of such information; (c) you have legal capacity and are of legal age to accept and agree to be bound by these Terms (as per the laws and regulations of your jurisdiction); and (d) your Use of the Site does not violate any applicable law, rule or regulation. Your Registration may be terminated without notice, if we believe that you are not of legal age or otherwise lack legal capacity to accept and agree to be bound by these Terms or as otherwise permitted herein.

5. Termination of Registration/Access. MUK reserves the right, in its sole discretion, to terminate your Registration and/or to deny, restrict, suspend or terminate your Use of all or any part of the Site at any time, for any reason or no reason at all, with or without notice or explanation, and without liability. MUK expressly reserves the right to terminate your Registration and/or deny, restrict, suspend, or terminate your Use of all or any part of the Site if MUK determines, in its sole discretion, that you have violated these Terms or that you may pose a threat to motivescosmetics.com and/or its Users. After Registration and/or access is terminated, these Terms will terminate, but the following provisions will still apply: Sections 1, 2, 5, 7.1, 7.3, 7.4, 7.5, 7.6, 8, 15, 16, 17, 18, 19 and 20.

6. Password. When you register for motivescosmetics.com, an account will be created and you will be prompted to create an account, username and password. If you previously registered with another MUK site, you already have a username and password, and you may log in to your account on the Site using the same username and password. You are responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username, or password of another Registered User at any time. You further agree not to disclose your password to any third party. You agree to notify MUK immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.

7. Proprietary Rights to Site Content.

    7.1. Rights to Site Content. All content available on the Site, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”) are the proprietary property of MUK or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Site Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without MUK’s prior written permission.
    7.2. License to Site Content. If you are a current Registered User of motivescosmetics.com, you are granted a limited, revocable license to Use the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, or publish the Site Content in any other form or format. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any Use of the Site or the Site Content other than as specifically authorised herein is strictly prohibited and will terminate the license granted herein. Such unauthorised Use may also violate applicable laws including copyright and trademark laws and communications regulations and statutes. Except as expressly stated herein, any Use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
    7.3. Registered User Information. When you register with motivescosmetics.com or any other MUK site you will be asked to provide certain personal information which may include, without limitation, your name, address, telephone number, email address, age, gender, corporate information, testimonial, credit or debit card information and date of birth (“Personal Information”). You may also provide additional information in your discretion, such as interests, hobbies, lifestyle choices, skin/hair colour, complexion, skin/hair type, skincare and beauty habits and concerns, your spending habits, groups with whom you are affiliated (ex. schools, companies), preferences for customising your motivescosmetics.com home page, your favourite movies, bands, artists, music genres, actors, sports and teams (“Discretionary Information”). All information you provide to MUK through motivescosmetics.com or another MUK site (including Personal Information and Discretionary Information) is considered your “Registered User Information,” and you are solely responsible for all such information. By providing the “Registered User Information,” you expressly consent to MUK’s use of the Personal Information as described in these Terms and our Privacy Policy.
    7.4. Right to Use Registered User Information. You authorise us to make such copies of your Registered User Information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered User Information to provide you with targeted advertising or promotional material, to offer personalised features, to complete surveys, studies or data analysis conducted by MUK or any of its partners or for other promotional or marketing purposes.
    7.5. Copyright/Patent. All Site design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, MUK Marks (as defined below) digital downloads and data compilations are owned solely and exclusively by MUK or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, “look and feel” and colour schemes of all content on the Site are the exclusive property of MUK and protected by U.S. and international copyright laws. All software used on the Site is the property of MUK or its software suppliers and protected by United States and international copyright or patent laws.
    7.6. Trademarks. “Market America,” “Motives®,” the Market United Kingdom logo, motivescosmetics.com™,” “Built on Product, Powered by People®,” all MUK product and service names and logos, UnFranchise®, and all other MUK graphics, page headers, button icons, logos, scripts and all registered and unregistered marks and service names used by MUK are service marks, trade names, trademarks and/or trade dress of MUK or (collectively “MUK’s Marks”). You may not use MUK’s Marks for any reason or purpose whatsoever. All trademarks not owned by MUK that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MUK.

8. Protecting Copyrights and Other Intellectual Property. MUK respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied by MUK in a way that constitutes copyright infringement, please provide MUK’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MUK that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorised 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 of the location on the Site of the material that you claim is infringing;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorised 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 authorised to act on the copyright owner's behalf.

MUK’s Agent for Notice of copyright infringement can be reached as follows:

By Mail
Copyright Administrator
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, North Carolina 27409.
By Email
copyrights@marketamerica.com

9. Pricing. Except where noted otherwise, the Price displayed for items on the Site represents the full retail price of the item. Despite our best efforts, a small number of items on the Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

10. Payment. When you purchase an item from the Site, you must provide a valid credit or debit card number. You represent and warrant that you are an authorised user of the credit or debit card. You are responsible for payment of all applicable federal, state/province, local and city taxes and for all shipping and handling charges. All applicable taxes and shipping and handling charges will be included on your order invoice.

11. MUK Return Policy. MUK’s return policy can be found at: uk.motivescosmetics.com/site/return-policy

12. MUK Shipping Policy. MUK’s shipping policy can be found at uk.motivescosmetics.com/site/shipping-policy

13. Risk of Loss. The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper.

14. Product / Service Descriptions. We make every attempt to provide you with accurate information, but we do not warrant or guarantee that product and service descriptions, colours or other contents of the Site are accurate, complete, reliable, current, or error-free. Actual colours may differ from their appearance on your computer screen due to variations in monitor settings. Colour swatches should be used as a general reference only. If a product offered on the Site is not as described, your sole remedy is to return it to MUK in unused condition for a refund, as set forth in the MUK Return Policy.

15. Privacy and Terms of Service. Use of the Site is subject to the motivescosmetics.com Privacy Policy, which is incorporated into these Terms by this reference.

16. Disclaimers.

    16.1. Users. MUK is not responsible or liable, and makes no warranties, express or implied, for the conduct of any User of the Site.

    16.2. Third Party Web Sites. The Site may contain links to third party Web sites. MUK is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third-party Websites. Inclusion of any linked Website on the Site does not imply MUK’s approval or endorsement of, or agreement with, the content of the Website. If you choose to access third-party Websites, you do so at your own risk.

    16.3. Third Party Advertisements / Applications. MUK is not responsible or liable for third-party advertisements or third-party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.

    16.4. Availability of the Site. The Site or any portion thereof may be unavailable from time to time for maintenance or other reasons. MUK assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication. MUK is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any email due to technical problems or traffic congestion on the internet or on the Site or combination thereof, including any injury or damage to User’s or to any other person's computer, mobile phone, smart phone, tablet or other equipment related to or resulting from Use of the Site. Under no circumstances shall MUK be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Site, or from the conduct of any User(s) of the Site.

    16.5.DISCLAIMER OF WARRANTIES. DISCLAIMER OF WARRANTIES. THE SITE AND SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MUK EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MUK DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. MUK DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

17. Limitation on Liability. IN NO EVENT SHALL MUK, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SITE CONTENT EVEN IF MUK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO MUK FOR USE OF THE SITE ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED USER OF THE SITE. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO MUK FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MUK, REGARDLESS OF THE CAUSE OF ACTION.

18. Disputes. These Terms shall be governed by, and construed in accordance with, United Kingdom laws, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Site or the Site Content, shall be instituted and litigated in a court of competent jurisdiction in the United Kingdom. You and MUK hereby agree to submit to the exclusive personal jurisdiction of the courts located in United Kingdom to resolve any dispute arising out of these Terms, the Site or the Site Content.

19. Indemnity. You agree to indemnify and hold harmless MUK and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the Use of your motivescosmetics.com account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) Registered User Information provided by you or any person through your account.

20. Other. These Terms are accepted upon your Use of the Site as a Visitor and are further affirmed by you becoming a Registered User. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and MUK regarding the Use of the Site. The failure of MUK to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

21. Shop Tracker Programme.

    21.1. When you register on this website, you become a Preferred Customer and will be enroled in the SHOP TRACKER programme. The SHOP TRACKER programme allows you to accrue points (“Points”) for your qualifying purchases and qualifying purchases made by friends that you have referred to this website and who have also become Preferred Customers.

    21.2. No Points are awarded on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Preferred Customer; (c) the order is later cancelled or the goods or services are later returned;

    21.3. Points accrued by you will be distributed in an alternate fashion to two Points banks. Once both banks have reached 300/300, you are entitled to a £40 reward. Then, the redemption payout threshold cycle starts over.

    21.4. Points are calculated on the total amount of the qualifying purchase, excluding any and all fees, shipping costs, and after application of any coupons or codes. Points have no monetary value until the established redemption threshold have been reached and you make a proper redemption request. Points have no direct relationship with the total of the order or price of the product. You may be taxed on your Points redemption; you are solely responsible for any and all tax liability arising out of your accrual or redemption of Points rewards.

    21.5. Points rewards will be deposited directly into your bank account. Once you have selected to redeem your Points, you will be requested to provide your bank account information. Failure to provide accurate bank account information releases us from the payment of Points rewards.

    21.6. We may close your account if it has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period).

    21.7. We reserve the right to terminate the SHOP TRACKER programme at any time with notice. Notification of termination will be sent to the email address you provide to us during the registration process.

Please contact us at: customerservice@marketunitedkingdom.com with any questions about these Terms.

I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.