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InStyle Beauty Club Terms and Conditions

Introduction

The InStyle Beauty Club community is provided by Dotdash Meredith (“Dotdash Meredith,” “us,” or “we”) that enables you to receive product samples from various brands (the “Service”) subject to these terms and conditions (“Terms”). The Service is available and hosted at www.instylebeautyclub.com (the “Site”). By registering for the Service, you agree to these Terms. These Terms may change from time to time, so please check back here regularly to see if they have changed. Your use of the Service following any changes shall be considered your agreement to the new terms.

The Service is managed and administered by a third party, SoPost Limited (“SoPost”), which is incorporated in England under registered number 08216668. SoPost Limited’s registered office is at The Core, Bath Lane, Newcastle-Upon-Tyne, NE4 5TF.

Anybody can access the InStyle Beauty Club website, but to request and receive samples, you need to be 18 years of age or over and register to create a InStyle Beauty Club account.

Registration; Access to the Service

To register for the Service, complete a form on the Site by providing certain personal information about yourself, including a postal address to which samples may be sent, and your lifestyle and beauty preferences so we can send you relevant products and updates. All personal information that you provide will be used in accordance with our privacy policy.

By registering for the Service, you represent and warrant that (i) you are at least 18 years of age, (ii) reside in the United States, (iii) the information you provide when creating an account is truthful, complete and accurate, and (iv) you will keep your account information current and accurate. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information may result in immediate termination of your account without notice to you.

You are responsible for maintaining the confidentiality of your account, including, but not limited to, your access credentials and access to the devices through which you access the Service. You are responsible for any and all activities under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. It is your sole responsibility to control the dissemination and use of your authorised link, control access to and use of your account, and notify us when you desire to cancel your account. You may not use anyone else’s authorised link or account at any time. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you will be responsible for any losses incurred by us or any other user of the Service if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

Other Account Conditions

Your access to the Service is personal to you and you may not transfer or sell your rights to the Service to anybody else nor may you use it as security for anything. We, however, reserve the right to assign the Service to another business in the event of a sale, restructure or assignment of assets of our company.

The Service is currently only available in the 50 United States, as well as the District of Columbia, and you will only be able to register with an address for delivery in these locations.

All samples are free to claim. However, you are responsible for your own costs of and equipment when connecting to the Service and Site.

All sample campaigns may be subject to additional rules, restrictions, or conditions. These will be listed in the special terms and conditions buttons on the campaign entry page.

How you can terminate your Account

You can terminate your registration at any time by logging in to your account (go to "Settings" → "Privacy" → "Delete account") and submit the deletion request. From here, your account will be deleted, and you will no longer be able to access or use the Service.

Your Use of InStyle Beauty Club: How You May Use the Site and the Service

The Site and the Service are for your personal, non-commercial and lawful use only. Other than as expressly permitted in these Terms, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or the Service or any content, information, software, products or services obtained therefrom, for any commercial purpose or enterprise. You may not use the Site or the Service, or any content within them, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity that infringes the rights of Dotdash Meredith, SoPost or other individuals or entities.

Promoting The Service

We are delighted when our users share offers they find through the Service with their friends and we encourage you to do that. However, whilst sharing with friends is great, using the Service for your own personal gain, such as to build your own business is strictly prohibited. You agree that whilst you may share offers with friends for personal purposes, you will not share our offers on a commercial scale and/or for business purposes, whether within a closed group or list of individuals or to the public at large. If you do so, you acknowledge that we, our affiliates, agents and service providers (including SoPost) may pursue legal action against you and others acting with you or on your behalf to recover damages for the losses that we or our brand partners have suffered from such actions.

You may not use your account for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), commonly referred to as ‘spam.’ If you distribute any unsolicited email through the Service, we reserve the right to terminate your account immediately and prohibit you from using our Service in the future.

Finally, unless otherwise noted in a particular campaign, we only allow one sample per person per campaign and where necessary, we may need to impose a limit of one sample per household per campaign. So, if you’re using an email address to claim a sample, you warrant that the email you’re using is your own, which you created for your own personal use. Creating multiple email addresses to obtain multiple samples is prohibited and is a breach of these Terms.

If you use the Service for commercial purposes without engaging with us formally as a brand partner or authorised distributor, we reserve the right to terminate your registration immediately (which would mean you can no longer access or use the InStyle Beauty Club) and we reserve the right to commence legal proceedings against you.

Emails

As part of the Service, we would like to send you emails to make claiming product samples easier.

The first of the series is an email containing the offer to receive a sample. Receiving this is optional but agreeing to receive them will give you the opportunity to be among the first people to claim a sample. However, you may choose not to accept the sample offers, which is fine too. If you do not agree to receive the emails, we won’t alert you when new samples are available for you but you can still claim samples directly through your account area on the InStyle Beauty Club Site.

We will also send you emails requesting your opinion on samples you received, and we very much hope you respond to these, as your feedback is extremely helpful to the brands whose products we send you.

When claiming a sample, you will sometimes be given the option to opt in to receive marketing communications from the product sample brand. This does not affect your ability to claim future product samples and is completely optional. If you do opt in to receive such information, your contact details will be provided to the product sample brand for this purpose.

Reviews

In using the Service, you’ll have the chance to write reviews about the product samples you receive. You may also choose to share content and offers that you like and in doing so, you may add your own comments or post to your social media accounts. If you do, you represent and warrant that the content you upload or post won’t be illegal, obscene, false, inaccurate, misleading, libellous, offensive or disparaging in any way.

We reserve the right (at our complete and sole discretion) to remove any such content immediately, suspend or terminate your account, and refer the incident to appropriate authorities, all of which we may do without notice to you.

If you post a review of a sampled product in your social media account(s), you must indicate that you received the product for free, either in the review copy or by a hashtag, such as #freeproduct or #freesample.

Unless specifically otherwise stated, you agree that by submitting reviews to us or otherwise posting reviews directed to us, (i) such reviews shall be deemed to be non-confidential, and (ii) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid- up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such reviews, without compensation, acknowledgement or notice to you. You waive any moral rights you have in respect of our use of the content your submit on the Site or through social media. You represent and warrant to us that: (a) you have the necessary permissions and rights to provide such reviews and the aforementioned rights to us and you are solely responsible for the review you submit or post. We reserve the right to post, not post, or remove any review, in our sole discretion, at any time.

Intellectual Property

As between you and us, we own and control or licence all trademarks, copyrights, trade dress and other intellectual property rights in the Site, and the framework and content that makes up InStyle Beauty Club. These works are protected by intellectual property laws and treaties around the world. All such rights are reserved. That includes all the ‘copy’, the code, the look and feel and the trademarks and graphics that you use in making use of your registration (in accordance with these Terms). You can use our intellectual property to make use of our Service as provided for in these Terms but for nothing else and you may not use our intellectual property for commercial purposes under any circumstances.

You may not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site or the Service, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site or the Service, or any features or functionality of the Site or the Service, to any third party for any reason, including, without limitation, by making the Site or the Service available on a network where it is capable of being accessed by more than one device at a time.

Samples

Samples that you receive via the InStyle Beauty Club community are for your individual, personal use only. AS SUCH, USING InStyle Beauty Club FOR COMMERCIAL PURPOSES, INCLUDING BUT NOT LIMITED TO SELLING OR AUCTIONING THE SAMPLES WE SEND YOU, IS COMPLETELY FORBIDDEN.

Nothing in these Terms should be interpreted to apply any form of legal obligation or duty upon us to supply samples (or any particular sample) to you. You acknowledge that the receipt of samples is a “gratuitous benefit” - that is, it’s something for which you’ve paid nothing and for which we are not contractually obliged to you to provide.

We may not be able to deliver a sample that you request for various reasons, such as due to limited stock, higher than expected demand, a sponsored brand reducing or ceasing the availability of a product, or you not fitting the profile of the types of consumers that the sponsoring brand has asked us to target. We will endeavour, but have not obligation to, promptly inform you that we’re not going to be able to deliver an unavailable sample.

Our ability to terminate your Account

If at any time, we have any reason to believe that you have breached these Terms, or in your use of the Service you have infringed the intellectual property rights or other rights of any third party or breached any applicable laws, we may suspend your account without notice to you while we investigate and may, (in our sole and complete discretion) terminate your Account which will mean you can no longer access or use the Service.

Businesses

If you wish to advertiser with InStyle Beauty Club or InStyle.com, we have other terms and conditions that apply to that. Contact us at Melissa.Guy@dotdashmdp.com to find out more.

Updates to the Service; Changes to these Terms

We reserve the right to add or remove the functionality and features of the Service at any time. We will try, but are under no obligation, to provide you advance notice of any such change.

We reserve the right to amend these Terms from time to time. If we do amend the Terms, we will note that the change on this page, and when the change(s) will be effective. If you continue to use the Service following the posting of the change(s), you will be deemed to have accepted and agree to abide by such change(s).

Limitations of Liability; Warranty Disclaimers

To the maximum extent permitted by law, NEITHER DOTDASH MEREDITH NOR SOPOST WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE THAT YOU MIGHT SUFFER AS A RESULT OF USING THE SITE, THE SERVICE OR ANY SAMPLE PRODUCT, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

We will not be liable or responsible for any failure to perform or for the delay in the performance of any of our obligations under these Terms that is caused by events that are beyond our reasonable control, which might include a failure of an internet service provider to deliver notifications to you.

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT (A) THE SITE OR THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS OR THE SERVICE’S COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE OR THE SERVICE AT ANY TIME, FOR ANY REASON.

WE ARE NOT RESPONSIBLE FOR ANY OF THE PRODUCT SAMPLES, PRODUCT DESCRIPTIONS AND INSTRUCTIONS FOR USE (THE “PRODUCT MATERIALS”) THAT WE MAKE AVAILABLE AND DELIVER OR HAVE DELIVERED TO YOU. IF YOU HAVE A CONCERN WITH THE NATURE, QUALITY OR CONTENT OF ANY PRODUCT MATERIALS THAT WE DELIVER FOR A BRAND PARTNER, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR SUCH PRODUCT MATERIALS AND THAT YOU WILL SEEK ANY AND ALL RELIEF AND ASSISTANCE FROM THE BRAND PARTNER.

These limitations and exclusions of liability will survive the termination of your account.

Waiver

Our failure or delay in exercising any of our rights under these Terms shall not be considered or construed to be a waiver of such rights, all of which are expressly reserved to us.

Electronic Communications

From time to time, we will send you information about the Service such as new or retired functionality and features of the Service, or changes to these Terms. We may post this information on our Site but may also send an email to the address you have given us when registering (which is why we need you to keep that email address current) or in some other form of electronic communication. The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Notices

If, for some reason, you need to communicate with us for contractual purposes, you can send us a letter by post to the address below.

Severability

Should any provision of these Terms be held unenforceable or illegal, the rest of the Terms will remain in place and in effect.

Entire Agreement

These Terms shall solely govern your use of the Site and Service and all matters between you and us related to the Site and Service. No other statement or representation made by either party prior to your creating an account and enrolling in the Service shall have any effect on these Terms.

Assignment; Delegation

These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred, or assigned by you, but may be assigned by us or SoPost without restriction. Any purported delegation, transfer, or assignment by you shall be null and void.

Governing Law, Jurisdiction and Venue

These Terms and all matters related to your use of the Site and Service including any disputes between us, shall be governed and construed by the laws of the state of New York and any dispute between us shall be brought and heard in a court of competent jurisdiction located in New York, New York, USA.

Contact Us

If you need to contact us, email us at erica.curtin@dotdashmdp.com.