Terms of Use

Effective Date: May 1st, 2022

OVERVIEW

These Terms of Use (“Terms”, “Terms of Use”, or “TOU”) are the terms that govern our relationship with users, visitors, and others, These Terms of Use govern all websites, user features, mobile applications, and other services, which we call the “Awordy Service” or “Services” regardless of how we provide them or you access them. Throughout the website, the terms “we”, “us” “our” and “Temptalia” refer to Temptalia, LLC.

By using the Awordy Service you agree to these Terms, including any additional terms and conditions or policies referenced in these Terms, which may also be available by hyperlink. These Terms of Use apply to all Awordy Service users. The Awordy Services are designed for those 18 years of age or older. However, users under the age of majority may use the Awordy Services only with the express consent of a parent or guardian.

Please read these Terms of Use and our Policies carefully before accessing or using our website and before registering on our website.

1. REGISTRATION ON OUR SITE

Registration is not required to use the Awordy Service. Registration is offered as one of our services so we can gather certain information about you and your preferences to provide additional features more personalized to you. While we know how much young people love and enjoy makeup, if you are not yet the age of majority in your state, province, or country, you may only register on the Awordy Service with the consent of your parent or guardian.

Certain features or services of on our website may require registration. When you register with us and each time you access the website while logged in, you may be providing personal information about yourself. You agree that we may use this information according to our Privacy Policy. If you choose to register with us, you agree to a) provide accurate, current, and complete information, and b) maintain and update such information as needed to remain current.

You are authorized to have one (1) Personal account regardless of the number of email accounts you may have.

You may register with us by providing your email and password or by logging in through a Facebook login feature. If you register and provide a password, we do not have access to that password. If you forget your account login, you may recover that information by following the prompts. If you registered through a Facebook login, if you disconnect your Facebook account or change information about your Facebook login you may be disconnected from your Awordy Services Account. We do not receive your Facebook login and we will never post to your Facebook account.

Your account is for you, so please do not impersonate another person (e.g. a celebrity) or use someone else’s account. Doing either of these is not cool and we reserve the right to deactivate the account or take other action as we deem necessary.

You are responsible for maintaining confidentiality regarding your account and password login information. In the event of a security breach, you must notify us of any unauthorized use of your account.

You can cancel your account at any time by following the directions provided in your account profile. If you voluntarily cancel your account the information will be deleted and can not be reinstated, though you can create a new account if you desire.

2. GENERAL CONDITIONS

We reserve the right to refuse, suspend, or terminate your use or access to the Awordy Service for any reason at any time to protect the integrity and/or safety of our Services or other users. In addition, we reserve the right to terminate or suspend your account if in our sole determination you are in breach of these Terms or any policy, guidelines, or standards associated with the Awordy Service. If your account is terminated or suspended you may not use a different email to obtain a new account.

You understand that anything you post may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We work hard to bring you the content on the Awordy Service. You may not reproduce, copy, sell, resell, duplicate, create derivative works, distribute, exploit, or otherwise make use of any content, materials, or databases from the Awordy Service without our express written permission. You are permitted to keep information for your own personal, non-commercial purposes.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we take steps to ensure that all information created by us for the Awordy Service is accurate and correct, we’re not perfect. In addition, while information may be accurate and complete at the time of posting, over time it may become dated and no longer reflect the current status. For example, some color palettes may be seasonal or limited edition, prices may change, or brands may discontinue a product. We are not responsible if information made available on this site is not accurate, complete or current at the time you read it. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.

4. MODIFICATIONS TO THE SERVICE

Throughout the Awordy Service you may find prices for products. We do not sell any products, but we do provide you with general pricing information which are accurate at the time of posting. Any prices for products shown are subject to change.

We reserve the right at any time to modify or discontinue the Awordy Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Awordy Service.

5. THIRD-PARTY LINKS

Certain content, products and services available on the Awordy Service may include materials from third-parties.

To bring you the best, most up-to-date, and fantastic content, we not only share information from select third parties, but we also partner with certain third-party shopping sites. These third-party links direct you to third-party websites that we do not own or operate. We are not responsible for examining or evaluating the content or accuracy of those sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you would like to share your thoughts on how we can improve the Awordy Service, including , but not limited to, creative ideas, suggestions, proposals, plans, or other materials, you do so with the understanding that we have no obligation to maintain any content or submission in confidence; to pay compensation for any content or submission; or to respond to any content or submission.

7. COMMENT POLICY

The purpose of the comments’ section is to provide an area for discussion between authors, you, and other users. Discussion and debates are highly encouraged, and disagreements are expected and provide opportunities to create a fuller picture. As certain topics and comments can arouse passionate feelings on either side of the argument, all users and comments must adhere to community guidelines. These guidelines require that users participate in a civil, intelligent, and respectful manner.
Comments which do not add to the conversation (including, but not limited to, advertising, off-site links, and spam) or go on an inappropriate tangent may be edited, moved, or deleted. No personal attacks are permitted in the comments, whether towards the author, other community participants and members, or celebrities. Trolls and trolling comments will be not be permitted. The comments you leave should be constructive, helpful, or insightful–they add value to the conversation. If an otherwise intelligent, well-written comment is accompanied by personal attacks, condescension, ridicule, or other types of snark, it may be subject to modification or deletion. We reserve the right to remove, modify, or delete any comment that we, in our sole discretion, believe is a violation of this Comment Policy or these Terms of Use and we may further limit or block a user’s access to the Awordy Service.

Comments should be relevant to the post’s topic; off-topic questions or comments should be directed to original posts and/or through the contact form, such as unrelated product review requests (so that we can log the request properly), technical errors/support requests (so it goes directly to our developer!), or general feedback (so that we can address any comments you make one-on-one).

Please help us streamline the comments’ section and be more efficient: double-check the post for more basic information like pricing, availability, and so on to make sure your question wasn’t answered already. Comments alerting us to typos or small errors in the post are appreciated (!) but will typically be removed after errors are fixed (unless a response is needed). We appreciate enthusiasm for new releases but ask readers to please hold questions regarding if/when a review will be posted as we can’t commit to or guarantee product reviews. We do not want to set expectations and then disappoint readers as even products that are swatched don’t always end up being reviewed due to time constraints and changes in priorities–thank you for understanding!

Comments that contain self-promotion or promotion of other services or websites may be modified or deleted in our sole discretion. Self-promotion is limited to approved ways set forth by Awordy (such as links to social media accounts for registered users).

Once public, your comment is available for anyone to see and may be shared, copied, indexed, or archived.

Violation of the Comment Policy may result in your comment not being approved, or in limitation, suspension, or termination of your access to the Awordy Service.

8. PERSONAL INFORMATION

Your submission of personal information through the Awordy Service is governed by our Privacy Policy.

9. PROHIBITED USES

In addition to other prohibitions provided in these Terms, we request that you refrain from using the Awordy Service or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Temptalia

Service or of any related website, other websites, or the Internet;

• to collect or track the personal information of others;
  to spam, phish, pharm, pretext, spider, crawl, or scrape;
  for any obscene or immoral purpose; to interfere with or circumvent the security features of the Awordy Service or any related website, other websites, or the Internet; or
  for any commercial use or purpose.

We reserve the right to terminate your use of the Awordy Service for violating any of these prohibited uses.

10. DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER

IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

BINDING ARBITRATION

i. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Awordy Service shall be finally settled by binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”), or its successor, in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.

ii. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

iii. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. Under no circumstances shall you be able to recover attorney’s fees. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

LOCATION

Regardless of where you are a resident, arbitration will take place in Maricopa County, Arizona, and you agree to submit to the personal jurisdiction of any federal or state court in Maricopa County, Arizona, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

CLASS ACTION WAIVER

You further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and by using the
Awordy Services you expressly waive your right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST TEMPTALIA ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

EXCEPTION–LITIGATION OF INTELLECTUAL PROPERTY

Notwithstanding the above section to resolve all disputes through arbitration, Temptalia may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

JURISDICTION

For any dispute not subject to arbitration you agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Maricopa County, Arizona. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

If anyone brings a claim against us related to your actions, content or information on the Awordy Service you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter. We are not responsible for the conduct, whether online or offline, of any user.

THE AWORDY SERVICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE TEMPTALIA SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE TEMPTALIA SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TEMPTALIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. OTHER

These Terms are an agreement between you and Temptalia LLC.

• These Terms, together with all other policies, guidelines, and standards make up the entire agreement between the parties regarding the Awordy Service, and supersedes any prior agreements, terms, or conditions.
• If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any of these Terms, it will not be considered a waiver.
• You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
• All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
• Nothing in these Terms shall prevent us from complying with the law.
• These Terms do not confer any third party beneficiary rights.
• We reserve all rights not expressly granted to you.
• You will comply with all applicable laws when using or accessing the Awordy Service.

12. CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

Periodically we will update these Terms of Use by posting a notice on this and/or the home page. If you subscribe to our newsletter or have a registered account you may receive a notice through those services. It is your responsibility to check for changes. Your continued use of or access to the Awordy Service following the posting of any changes to these Terms of Use will be deemed your acceptance of the updated Terms.

13. CONTACT INFORMATION

Questions about the Terms of Use should be sent to us through our contact form.