Terms and Conditions

Effective: 26/04/2020

Welcome to the RachNevsBeauty Terms and Conditions

This blog is run by Rachel Nevison under the name RachNevsBeauty. By using this site, you agree to the terms and conditions listed below.

RachNevsBeauty reserve the right at our discretion, to change or modify portions of this agreement at any time. You will be given 7 days for any changes to take effect. Any changes will be recorded at the top of the page along with the last revised date. Your continued use of the site after any changes constitutes your acceptance of the new terms.

Use of Site
We provide a place for you to discover new makeup products of varying price. We review everything beauty related.

Eligibility
RachNevsBeauty happily welcomes those of all ages but for those under the age of 16, please seek permission from your parent or guardian before using this site. You must be over the age of 18 to participate in our competitions or add a donation.
You are solely responsible for ensuring that your use of this site complies with all the laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires you to be 13 to receive certain services, then the minimum age is the legally required one. The right to access this site is revoked where these terms or use of service is prohibited or conflicts with any applicable law, rule or regulation.

WordPress Accounts
You may register with an account on WordPress or login using your facebook or other social media login information. To you certain portions of this site you are not required to have an account. However, certain features, such as commenting, require to register for an account. You must provide accurate and complete information and keep your account information updated. You are solely responsible for the activity that occurs on your account and for keeping the password secure. You may never use another person’s account or registration information for the site.
By “following” our site on WordPress, you consent to our using the email address provided to send you service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other meaages, such as changes to features of the site and any promotional contests we host.

Service Rules
In order to use RachNevsBeauty, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to the WordPress servers than a human can reasonably produce in the same perios of time by using a conventional on-line web browser (except that RachNevsBeauty grants the operators of public search engines revocable permission to use spiders to copy materials from this site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters or other unsolicited email; (iv) attempting to intergere with, compromise the system integrity or security or decipher any transmissions to or from the servers running RachNevsBeauty; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through RachNevsBeauty; (vii) collecting or harvesting any personally identifiable information, including account names from RachNevsBeauty; (viii) using the service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of RachNevsBeauty; (xi) accessing content on RachNevsBeauty through any technology or means other than those provided and authorised by us; or (xii) bypassing measures we may use to prevent or restrict access to RachNevsBeauty, including without limitation features that prevent or restrict use of RachNevsBeauty and the content therein.
You may copy and redistribute the audiovisual content available on RachNevsBeauty, however you may not alter or modify such audiovisual content in any manner and you may not remove any copyrights or watermarks associated with such audiovisual content.
We may, without prior notice, change RachNevsBeauty; stop providing RachNevsBeauty or features of RachNevsBeauty, to you or to users generally; or create usage limits for RachNevBeauty. We may permanently or temporarily terminate or suspend your access to RachNevsBeauty withoutnotice or liability for any reason, including if in our sole determination you violate any provision of these terms and conditions, or for no reason. Upon termination for any reason or no reason, you are bound by these terms.
You are solely responsible for your interactions with other RachNevsBeauty users. We reserve the right, but have no obligation, to monitor disputes between you and other users. RachNevsBeauty shall have no liability for your interactions with other users or for any users action or inaction.

User Content
Some areas of the service allow users to post content such as comments, questions and other content or information (any such materials a user submits, posts, displays or makes available on RachNevsBeauty “user content”). You retain ownerhip of your user content.
You acknowledge and agree not to post user content that; (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or phyical and mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information of content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another part’s trade secrets); (vii) contains any information or content that you do not have the right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You acknowledge and agree that any user content that you post does not and will not violate third-party rights of any kind, including, without limitation any intellectual property rights (as defined below) or rights of privacy. To the extent that your user content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical and sound recording rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such user content and have the power to grant the license granted below. RachNevsBeauty reserves the right, but is not obligated, to reject and/or remove any user content that RachNevsBeauty believes, at its sole discretion, violates these provisions.
In connection with your user content, you acknowledge and agree the following: (i) you have written consent of each and every identifiable natural person in the user content to use such person’s name or likeness in the manner contemplated by RachNevsBeauty and these terms, and each such person has released you from any liability that ay arise from in relation to such use; (ii) your user content and RachNevsBeauty’s use thereof as contemplated by these terms will not violate any law or infringe any rights by any third party, including but not limited to any intellectual property rights and privacy rights; (iii) RachNevsBeauty may exercise the rights to your user content granted under these term without liability for payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise; or (vi) to the best of your knowledge, all your user user content and other information that you provide to us is truthful and accurate.
You shall be solely responsible for your user content and the consequences of posting or publishing it and you agree that RachNevsBeauty are only acting as a passive conduit for your online distribution and publication of your user content. You acknowledge and agree that you may be exposed to user content that is inaccurate or otherwise unsuited to your purpose, and you agree that RachNevsBeauty shall not be liable for any damages you allege to incur as a result of user content.
RachNevsBeauty may pull content from our users who share photos and videos on Instagram and Twitter using our brand hashtags #rachnevsbeauty or tagging the @RachNevsBeauty account. You acknowledge that the photos may be used on this website and you hereby grant us permission to use your name or social media handle in association with the photos for identification, publicity related to the services and similar promotional purposes including after the termination of your account or the services. You represent and warrant that the posting and use of your photos, including to the extent such photos include your name, username, likeness, voice or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
You acknowledge and agree that we may preserve user content and also disclose user content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this agreement; (c) respond to claims that any user content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RachNevsBeauty, our users and the public. You understand that the technical processing and transmission of the site, including your user content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

User Content License Grant
By posting any user content on RachNevsBeauty you expressly grant, and you represent and warrant that you have the rights necessary to grant, to RachNevsBeauty a royalty-free, sublicensable transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your nae, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with RachNevsBeauty’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of RachNevsBeauty (and derivative works thereof) in any media formats and through any channels. You also hereby grant each user of RachNevsBeauty a non-exclusive license to access your content through RachNevsBeauty.

End User License Grant
Subject to the terms and conditions, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use RachNevsBeauty for your personal, non-commercial use onle and as permitted by the features of this site.

Intellectual Property Rights
Except for your user content, RachNevsBeauty and all materials therein or transferred thereby, including, without limitation, images, text, graphics, illustrations, logos, patents, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto, are the exclusive property of RachNevsBeauty and its licensors (including other users who post user content to RachNevsBeauty). Except as explicityly provided herein, nothing in these terms shall be deemed to create a license in or under any such intellectual propery rights, and you agree not to sell, license, rent, modify, copy, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from any RachNevsBeauty content. You may distribute, publicly display, publicly share content from RachNevsBeauty with permission by acknowledging our status (and that of any identified contributors) as the authors of such content. You must not use any part of the content on RachNevsBeauty for commercial use without obtaining a license to do so from us.
You may choose to or we may invite you to submit comments or ideas about RachNevsBeauty, including, without limitation about how to improve our site and competitions. By submitting an idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place RachNevsBeauty under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, RachNevsBeauty does not waive any rights to use similar or related ideas previously known to RachNevsBeauty, or developed by its owner, or obtained from sources other than you.

IP Infringement
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedures set forth below. A notification of claimed copyright infringement should be emailed to rachnevsblog@gmail.com (subject line: LEGAL; Takedown Request).

No Professional Advice
Any product or other information (for example, product ingredients, instructions for use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in RachNevsBeauty. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

Third Party Sites
This site will contain links to third party websites, services or other resources on the internet. These links are are provided solely as a convenience to you and not as an endorsement by RachNevsBeauty of the content of such external sites. The content of such external sites is developed and provided by others.
RachNevsBeauty may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means we may earn a commission if/when you click on or make purchases through these links. RachNevsBeauty will always disclose affiliate links.

Donations and Free to Enter Competitions.

By entering our competitions, you agree to share your name and address with us upon winning. We will not share your personal data with third party organisations however we cannot be held responsible for data gained by third party organisations when using their services.
By offering us a donation, you agree to share your paypal email address with us and agree to the terms above. We will not share your information with third party organisations but we cannot be held responsive for data gained by Paypal for the use of their service.

Indemnity
You agree to defend, indemnify and hold harmless RachNevsBeauty and their affiliates, from and against and and all claims, damages, obligations, losses, liabilities, costs of debt and expenses (including but not limited to attorney’s fees) arising from; (i) your use of and access to this site, including any data or content transmitted or received by you; (ii) your violation of any term of these terms and conditions; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of your user content or any that is submitted via your account; or (vi) any other party’s access and use of this site with your unique username, password or other appropriate security code.

No Warranty
The website, products and materials (provided as prizes), are provided on an “as is” and “as available” basis. Use of these is at your own risk. To the maximum extent permitted by applicable law, the website, products and materials are provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from RachNevsBeauty or will create any warranty not expressly stated herein. Without limiting the foregoing, RachNevsBeauty do not warrant that the content is accurate, reliable or correct; that RachNevsBeauty will meet your requirements; that the wesite will be uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of RachNevsBeauty is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the website.
RachNevsBeauty does not warrant, endorse, guarantee, or assume responsibility for any product of service advertised or offered by a third party through the RachNevsBeauty website or any hyperlinked website or service, and RachNevsBeauty will not be party to or in any monitor any transaction between you and third-providers of products or services.

Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall RachNevsBeauty and its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitations damages for loss of profits, goodwill, use, data, or other intangible loses, that result from the use of, or inability to use, RachNevsBeauty. Under no circumstances will RachNevsBeauty be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of RachNevsBeauty or your account or theinformation contained therein.
To the maximum extent permitted by applicable law, RachNevsBeauty assumes ni liability or responsibility for any: (i) errors, mistakes or inaccuracies or content; (ii) personal injury or property damages, of any nature whatsoever, resulting from your access to or use of RachNevsBeauty; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss of damage incurred as a result of the use of any content or for any content posted, emailed, transmitted, or otherwise made available through RachNevsBeauty; (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall RachNevsBeauty or its affiliates be liable for any claims proceesings, liabilities, obligations, damages, losses, or costs in an amazing exceeding the amount you paid to RachNevsBeauty hereunder.

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