Website Terms and Conditions


Effective Date: 20 September 2017

  1. Introduction
    1. This website and any websites that link to these terms and conditions (collectively, the “website”) are owned and operated by Revolution Beauty USA, Inc. (“Revolution,” “we” or “us”). Our company contact information is at the end of this document.
    2. Please read these terms and conditions carefully. They cancel and replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
    3. These terms and conditions apply to your use of our website. The sale of goods via our website is subject to separate terms and conditions.
    4. This document affects your legal rights, including limiting your damages if you sue us, so please read it carefully.
  2. Changes to the Terms and Conditions
    1. We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
  3. Acceptable Use Policy
    1. You have the right to use and access the website in accordance with the restrictions set forth herein. In addition to any other restrictions on use set forth in this agreement, you agree that you will not in connection with our website:
      1. breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
      2. publish or send any information (including links or references to other content), or otherwise behave in a manner, which:
        1. is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
        2. infringes any intellectual property or other rights of others, including modifying, copying or creating derivative works of any of the content available on the website;
        3. involves removing or obscuring any copyright or other proprietary notations on any content available through the website;
        4. involves phishing or scamming or similar; or
        5. we otherwise consider, in our sole discretion, to be inappropriate;
      3. publish or send any information which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
      4. impersonate any person or entity for the purpose of misleading others;
      5. access another person’s account without his or her express written consent;
      6. sell access to our website;
      7. use our website to provide a similar service to third parties or otherwise with a view to competing with us;
      8. sell advertising, sponsorship or promotions on or in connection with content except where explicitly authorized by us;
      9. use our website for junk mail, spam, pyramid or similar or fraudulent schemes;
      10. do anything which may have the effect of disrupting our website including worms, viruses, software bombs or mass mailings;
      11. do anything which may negatively affect other users’ enjoyment of our website;
      12. gain unauthorised access to any part of our website or equipment used to provide our website;
      13. use any automated means to interact with our systems excluding public search engines;
      14. decompile, reverse engineer, disassemble other otherwise extract or discover the source code of the website or any part thereof, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation; or
      15. attempt, encourage or assist any of the above.
    2. Your right to use and / or access the website shall automatically terminate if you violate any restrictions stated here and may be terminated by us at any time.
  4. Content on the Website
    1. You acknowledge that any information published or sent on or via our service by other users is the sole responsibility of the person from whom such content originated and we do not endorse any such content and are neither responsible nor liable for it.
    2. The website and the information and materials on the website as provided “as is” and without warranties or representations of any kind either express or implied and we and our affiliates disclaim all warranties, express and implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant the accuracy, completeness, reliability, security, availability or timeliness of any information on the website. You rely on the information and materials on the website at your own risk.
    3. Information on the website is intended to be used for informational purposes only, and use of the website is not meant to serve as a substitute for professional medical advice. The website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and the website does not replace any medical professional or medical resource. We do not represent ourselves to be a physician nor is that implied. No prescription medications or medical treatments are intentionally provided on the website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
    4. We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities or to a complainant any content or behavior if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.
  5. Your Content Submissions
    1. For purposes of this section, “content” means all content you upload or post to a public-facing portion of the website, including product ratings and reviews and all other associated data, documents, text, music, sound, photographs, graphics, video, comments, questions and materials.
    2. By submitting content to the website, you represent and warrant that:
      1. You understand that you are participating in a public forum and that your content and any personal data you choose to include in your content will be available to all users of the website;
      2. You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consent and permissions to use and provide a non-exclusive license to us to use all intellectual property and other rights thereto to enable inclusion and use of the content in the manner contemplated by the website and these terms and conditions;
      3. You understand that your content may be utilized and distributed by us in our marketing materials and on our other digital properties;
      4. You shall comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on the websites (including but not limited to product reviews), then you must disclose this in your post. All disclosures must be made clearly and conspicuously;
      5. All “moral rights” that you may have in any content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the content, or any derivative of or updates thereto;
      6. You are at least 13 years old and, if you are a minor, you have obtained the consent of your parent or legal guardian to use the website and their agreement to these terms and conditions; and
      7. Any content you submit does not violate these terms and conditions and will not cause injury to any person or entity.
    3. By submitting content to the website, you further represent and warrant that any content you submit:
      1. Is not false, inaccurate or misleading;
      2. Does not violate any obligations you may have with respect to such content under any law or under contractual or fiduciary relationships (including, but not limited to, inside information or proprietary and confidential information learned or disclosed as a part of employment relationships or under nondisclosure agreements);
      3. Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
      4. In the case of product reviews, is relevant to the product being rated and reviewed or about which a question or answer is submitted;
      5. Does not impersonate any person or entity, including, without limitation, any Revolution official, forum leader, guide or host, or falsely state or otherwise misrepresent that you are affiliated with any such person or entity; and
      6. Is otherwise in compliance with these terms and conditions.
    4. If any content you submit through the website includes ideas, suggestions, documents or proposals to us,
      1. Such content is not confidential or proprietary and we have no obligation of confidentiality, express or implied, with respect thereto;
      2. We may have something similar to your content already under consideration or development; and
      3. You are not entitled to compensation, payment or reimbursement of any kind for such content from us under any circumstances unless we notify you otherwise in writing.
    5. For any content that you submit through the website, you grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete (in part or in its entirety), edit, adapt, publish, translate, publicly display, publicly perform, create derivative works from and/or sell and or distribute such content and/or incorporate such content into any form, medium or technology, whether now or hereafter known, throughout the world, without compensation to you. This license will survive the termination of these terms and conditions and your use of the website.
  6. Privacy
    1. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
  7. Functioning of the Website
    1. We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason and to make changes to our website.
  8. Your Account
    1. If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorize or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure or use of your password. You are responsible for third parties who use your account or identity and we are not responsible or liable for any loss, expense or damage arising in any way from the use of your account and/or the accessing of information or materials therewith. You agree that the information you provide to us to set up your account will be true, accurate, current and complete.
    2. We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein.
  9. Intellectual Property Rights
    1. All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the website are our intellectual property or that of our other group companies, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
    2. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
    3. You license (i.e. permit) us to use your content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails.
  10. Third Party Websites / Advertising / Services
    1. We may link to third party websites which may be of interest to you and/or include third party advertising on our site and/or use third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.
  11. 11. Limitation of Liability
    1. Nothing in this agreement in any way limits or excludes our liability for anything which may not legally be excluded or limited. In this section, any reference to us includes our directors, officers, employees and agents.
    2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
    3. To the maximum extent permitted by law, we shall not be liable for any losses or damages (including, without limitation, damages for loss of data or profit) arising out of the use of or inability to use the website or any of its contents, even if we have been notified orally or in writing of the possibility of such loss or damage
    4. You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website.
  12. Indemnification
    1. As a condition to your use of the website, you agree to indemnify, defend and hold harmless Revolution and its affiliates and representatives against any and all claims, liabilities, damages, costs or other expenses (including, without limitation, attorneys’ fees) that may arise directly or indirectly out of or from your breach of these terms and conditions and/or your use of the website.
  13. Notice of Copyright Infringement
    1. 13.1 The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the website infringe your copyright, please send us a notice containing the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
      4. Contact information for the notifying party, including name, address, telephone number, and email address.
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      7. Please submit this notice to us at info@RevolutionBeautyusa.com.
  14. Governing Law and Venue
    1. These terms and conditions shall be governed by the laws of the state of New York, United States, without regard to its principles of conflict of laws, and any disputes will be decided only by the courts located in New York City, New York. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of New York City, New York for the purpose of resolving any dispute relating to your access to or use of the website. You agree that this may require you to submit ay disputes related to the use of the website to final and binding arbitration in the State of New York.
    2. You expressly acknowledge and agree that we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
    3. The website is made available to you from the United States. If you elect to access and/or use the website from outside of the United States, we make no warranties that materials on the website are appropriate or available for use in such locations. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use the website if you are restricted by any local, state, national or international laws.
  15. Class Action and Arbitration
    1. By using the website, you agree that if any dispute should arise between you and Revolution related to your use of the website, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action. Regardless of any statute or law to the contrary, you must commence any cause of action you may have with respect to your use of the website within one (1) year after the claim or cause of action arises.
    2. You agree that Revolution, at its sole discretion, may require you to submit any disputes arising from the use of the website, related services or these terms and conditions, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration (the “Rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the Rules. You agree with Revolution that this section satisfies the writing requirement of the Federal Arbitration Act. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the State of New York and will take place in New York City, New York.
  16. General
    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. These terms and conditions constitute the entire agreement between you and Revolution regarding the subject matter hereof and govern your use of the website, superseding any prior agreement between you and Revolution on the subject.
  17. Complaints
    1. If you have any complaints, please contact us via the contact details shown below.
  18. Company Information
    1. Company name: Revolution Beauty USA, Inc.
    2. State and Country of incorporation: Illinois, United States
    3. Registered office address: 3149 MacArthur Blvd., Northbrook, IL 60062
    4. Contact information - Email: helpUSA@RevolutionBeautyusa.com
    5. Contact information -Telephone: 1-800-918-1491