From time to time on certain areas of our Site you may be able to submit your name, photos, tips, advice, testimonials, essays/stories and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Bare Escentuals; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Bare Escentuals, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us (if any), or other access to the Site or features therein. Bare Escentuals may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if Bare Escentuals deems that you have violated these Terms, the law, or for any other reason. Bare Escentuals reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Bare Escentuals a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
By posting on the Bare Escentuals Facebook page, you acknowledge that when you post others users may share your posts, including images, through various social media platforms.
You agree to indemnify and hold Bare Escentuals, its parents, subsidiaries, officers, employees, and
website contractors and each of their officers, employees and agents harmless from any claims, damages
and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms,including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Bare Escentuals or this Site. THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM USE OF THE WEBSITE AND/OR ITS CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD .
You acknowledge and agree that Bare Escentuals will not have any obligation to review, monitor, display, accept or exploit any User Content and Bare Escentuals may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. To the fullest of the extent of the law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
BARE ESCENTUALS DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE
USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY TO ANY
PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON
SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE
OR OTHERWISE), ECONOMIC INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
BASED UPON OR RESULTING FROM THE USE OF USER CONTENT PROVIDED THROUGH THIS SITE. THIS
PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITE AND/OR ITS
CONTENT, AND DOES NOT APPLY TO PERSON INJURY OR ANY INJURY CAUSED BY FRAUD.