This website, www.temptu.com (“Site”) is the property of TEMPTU, Inc. (“TEMPTU” or “Company”). Please read these terms and conditions (“Terms”) very carefully before using this Site or purchasing Company products, including but not limited to its Airbrush Makeup System (the “Products”). By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies therein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older.
In consideration of your use and access to the Site and Company Products or services, you agree to provide true, complete, current, and accurate information about yourself when prompted to do so by this Site or by the registration form. You agree not to impersonate another person. If any information you provide is untrue, inaccurate, incomplete or not current, Company in its sole discretion, has the right to suspend or terminate your use of the Products and refuse all current or future access to the Site. You agree that Company will not be liable to you or any third party if Company suspends or terminates your access to the Site or Products for any reason.
Copyright and License
The content within this Site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of TEMPTU, Inc., ALL RIGHTS RESERVED Copyright © 2013 TEMPTU, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. The foregoing license grant does NOT include the right for you to:
- publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content;
- sell, market, distribute, or make commercial use of the Site or any Content;
- use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page); or
- collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Trademarks and Service Marks
All Company product names, slogans, and our logos on this Site are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any meta tags or any other “hidden text” utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Use of Material Submitted to Company
Any communication other than personal or financial information provided to Company by mail or through this Site and/or by electronic mail, message boards or otherwise, including any data, questions, comments, suggestions, thoughts, or the like (collectively, the “Material”) is, and will be treated as, non-confidential and non-proprietary. Company reserves the right to use the Material for any purpose, including, but not limited to, posting reproduction, disclosure, transmission, publication, and broadcast. Nothing herein requires Company to use, review or distribute the Material provided by a user. Company reserves the right to use any ideas, concepts, knowledge, or techniques (“Information”) contained in the Material that users send to the Website for any purpose including, but not limited to, developing, manufacturing and marketing products or services using such information and the user understands there shall be no consideration, royalties or other compensation from Company, its agents, affiliates or assigns for use of said information. Company is not responsible for, and does not endorse, any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall Company be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the Site.
Third Party Links
Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
TEMPTU.com Refer-A-Friend Program
- Qualified Referral. A “Qualified Referral” is the purchase of a TEMPTU AIRbrush System Kit made at www.temptu.com by a person (a "Referred Customer") who arrives at the Site via another person’s (the “Referrer”) Refer-A-Friend program link. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards and Payments. The Referrer earns a referral reward of $25 (a “Referral Reward”) for each Qualified Referral. Referral Rewards will be payable only in the form of a TEMPTU.com E-giftcard and will be emailed to the Referrer within fifteen (15) days of an order that meets the criteria for a Qualified Referral. Referral rewards cannot be redeemed or exchanged for cash. No more than fifty (50) Qualified Referrals may be earned by a Referrer per calendar year. The Referrer is responsible for any and all tax liability resulting from a redeemed Referral Reward. In the event of a return or cancellation of an order that resulted in a Referral Reward, the amount of such Referral Reward will be cancelled if has not yet been redeemed, or will be deducted from the Referrer’s account, if such Referral Reward was already redeemed.
- No Spam. Referrers must comply with all up-to-date “SPAM” laws. For example, emails from a Referrer to potential Referred Customers must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of a Refer-A-Friend program link by a Referrer that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of the Referrer’s account and deactivation of the Referrer’s Refer-a-Friend program link.
- Right to Cancel Program. TEMPTU reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the TEMPTU Refer-a-Friend program in a questionable manner or breaches any of these Terms or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. TEMPTU reserves the right to cancel the Refer-a-Friend Program or to change these Terms at any time in its sole discretion. Any unclaimed Referral Rewards will be forfeited at that time.
Every TEMPTU Airbrush System includes a one-year warranty described on our Site here: http://temptu.com/warranty.
EXCEPT WITH RESPECT TO THE FOREGOING ONE-YEAR WARRANTY, THIS SITE, AND THE CONTENT, MATERIAL, PRODUCTS AND SERVICES CONTAINED AND/OR ADVERTISED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR ASSIGNS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE COMPANY PARTIES’ 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, IF ANY, BY YOU TO COMPANY FOR THE PRODUCTS.
In using this Site and/or purchasing Company’s Products, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold harmless Company and its affiliates, successors and assigns, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
Company may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Site and/or Products at any time, with or without cause, in Company’s sole discretion. In the event of termination, the intellectual property, disclaimers, and limitations of liability provisions set forth in these Terms will survive.
Applicable Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of New York, United States of America, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in the City of New York, New York, USA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Notice of Change
Company may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms.