WHERE COLOR ENTHUSIASTS COME TOGETHER

Blogger Network Terms & Conditions v1.01

(1) Introduction

These terms of use govern your participation in the Color Society Bloggers Network. With your continued participation in the Color Society Bloggers Network you'll need to abide by the rules and guidelines set-forth in this document. Negligence to do so can/will lead in your immediate expulsion from the Color Society Bloggers Network.

(2) General Rules and Guidelines

When you accept our invitation you will receive a kit that includes an official welcome letter and a few samples of our favorite new products. We will then add a direct link to your blog on our Blogger Network page which will be featured on both RubyWing.com and ShopColorClub.com.

  • (a) You will receive Color Club and Ruby Wing new product samples to use and review on your blog.
  • (b) Color Club and Ruby Wing reserve the right to use any images or tutorials from you blog to showcase on our social media platforms, and our website (This material will not be featured in print advertisements). You will maintain your watermark if applicable, and your blog will always be sited as a source with a direct link to it.
  • (c) You agree to not sell any samples that we send you. All samples are for review purposes only.
  • (d) All blogs must be in the USA.
  • (f) You must provide a link back to the bloggers network page by featuring our 'Color Society Bloggers Network' icon on your Color Society Bloggers Network review.
  • (g) You may provide a link back to the bloggers network page by featuring our 'Color Society Bloggers Network' icon on your pages static footer, however it is not a requirement.

(3) License to use

You may use the polish we distribute for review purposes only. The nail polish you receive is intended for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • (a) Sell, rent or sub-license the nail polish;
  • (b) Copy or otherwise exploit the nail polish for a commercial purpose;
  • (c) Redistribute the nail polish [except for content specifically and expressly made available for redistribution.]

You may use the promotions and exclusive deals we distribute amongst your assigned and registered blogs network only. The promotions and exclusive deals you receive are intended for your registered blogs network only, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • (a) Sell, rent or sub-license the promotions and exclusive deals;
  • (b) Copy or otherwise exploit the promotions and exclusive deals for a commercial purpose;

(4) Acceptable use

You must not use our Color Society Bloggers Network in any way that causes, or may cause, damage to the registered brands trademarks, Forsythe Cosmetics LTD and Solar Club LLC; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our Color Society Bloggers Network to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. [You must not use our Color Society Bloggers Network to transmit or send unsolicited commercial communications.] [You must not use our Color Society Bloggers Network for any purposes related to marketing without our express written consent.]

(5) User content

In these terms of use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit utilizing product received via your participating in the Color Society Bloggers Network, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, publish, and translate your content in any existing or future digital media so long as (a) we maintain the integrity of your content you produce with our product via your participation in the Color Society Bloggers Network (b) watermarks and other identifying characteristics of the your content remain unchanged (c) a link back, and mention of your blog is provided citing your involvement in the production of your content. You also grant to us the the right to bring an action for infringement of these rights. You warrant and represent that your content will comply with these terms of use. Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. [Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.]

(6) Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. [To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.] [We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.] [We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.] [We will not be liable to you in respect of any loss or corruption of any data, database or software.] [We will not be liable to you in respect of any special, indirect or consequential loss or damage.]

(7) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use [, or arising out of any claim that you have breached any provision of these terms of use].

(8) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your membership and participation to the Color Society Bloggers Network.

(9) Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

(10) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(11) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(12) Entire agreement

Subject to the first paragraph of Section [8], these terms of use [, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

(13) Law and jurisdiction

These terms of use will be governed by and construed in accordance with United States law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of the United States.