Welcome to Volition, a unique online marketplace for specialty beauty products co-created by you! The services described herein, including all websites, mobile applications and content (collectively, the “Service”) are provided by Volition Beauty, a Delaware Corporation.
1. Description of Service
Volition is the first and only online beauty brand that empowers its customers to co-create and curate its product lines. We see our mission as democratizing beauty. We partner directly with, and then feature prominently, the true sources of beauty product innovation - people like yourself.
As a condition to using the Service, we ask that you create an account by registering with us directly, or through a third party social media account. In that registration process, we require that you provide certain information, such as your full name and email address, and create a unique password. To sign up for an account, you must be at least thirteen (13) years of age.
You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene.
3. Volition Products
The products displayed on our Service can be ordered and delivered only within the U.S. Note that certain products may also be available in select U.S. retail stores. All prices displayed on the Service are quoted in U.S. Dollars and are valid and effective only in the U.S. Before any minor uses or purchase any product from us, a legal or parental guardian must have discussed use of the product with the minor's doctor.
While Volition has tried to accurately display the colors of products, the actual colors you see will depend on your device monitor and may not be accurate.
4. Submission of Product Ideas
Once a product idea is selected for further development, Volition will prepare a product brief, product prototype sketches and marketing materials, all of which will be submitted to Volition Site users for their ideas, suggestions and input regarding the product. Subject to Sections 8 and 9 below, you or Volition may withdraw a product idea from evaluation at any time prior to selection of that product idea by Volition for further development.
THE SELECTION, DEVELOPMENT, MANUFACTURE, SALE AND COMMERCIALIZATION OF ANY PRODUCT IDEA IS SUBJECT TO VOLITION’S SOLE AND ABSOLUTE DISCRETION AND VOLITION RESERVES THE RIGHT, FOR ANY OR NO REASON, TO (I) REJECT ANY SUBMITTED PRODUCT IDEA; (II) TERMINATE THE DEVELOPMENT OR ANY PHASE RELATED TO THE DEVELOPMENT OF A PRODUCT IDEA, (III) TERMINATE THE SALE OR MANUFACTURE OF ANY PRODUCT; OR (IV) SELL OR LICENSE A PRODUCT IDEA, AND/OR ANY INTELLECTUAL PROPERTY RIGHTS RELATED THERETO, TO ANY THIRD PARTY.
As used in this Agreement, Intellectual Property Rights means all current and future worldwide copyrights, trade secrets, patents and other patent rights, utility models, mask work rights, moral rights, trademarks, service marks, and all other intellectual property rights, including all related mobile applications and registrations.
You agree that Volition has the right and permission to use your name, voice, image, likeness, and your applicable compensation information, as well as representations made by you, in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about Volition, Volition’s business or the product idea submission program.
5. Compensation for Developed Products
Once a product idea is accepted by Volition for further development and/or commercialization, you agree to enter into Volition’s standard Innovator Agreement, which will govern compensation to be paid to you and other commercial terms.
Because Volition may elect, in its sole discretion, to cease developing or commercializing any product idea at any time, there can be no guarantee that you will ever receive any compensation in connection with your submitted product idea. Volition makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with a product idea submission.
6. Tax Withholding
You acknowledge and agree that you are responsible for all taxes due on any payments made to you by Volition in connection with a product idea submission. Volition will be under no obligation to make any payments to you unless you have properly completed and submitted the Payee Information Form which will be contained in the Innovator Agreement.
7. Ownership of Product Ideas Accepted
As used in this Agreement, the term “Work Product” means any ideas and concepts, whether or not patentable, and all related know-how, designs, trademarks, formulae, processes, manufacturing techniques, trade secrets, ideas, artwork, or other copyrightable or patentable works. You acknowledge and agree that any Work Product relating to a product idea submitted by you and accepted for further development and commercialization by Volition shall become the sole and exclusive property of Volition, including all Intellectual Property Rights therein. Volition will also own all rights in any copies, translations, modifications, adaptations or derivatives of any of the Work Product, including any improvements. For the avoidance of doubt, you hereby agree that Volition shall have the sole right to copy, distribute, amend, modify, develop, sublicense, sell, transfer and assign the Work Product, associated documentation, or any enhancements thereof.
If you have any rights to the Work Product that cannot be assigned to Volition, you will (a) unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against Volition with respect to such rights, and agree, at Volition’s request and expense, to consent to and join in any action to enforce such rights, and (b) unconditionally and irrevocably grant to Volition, under all of your Intellectual Property Rights, an exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, with rights to sublicense through multiple levels of sublicensees, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such rights.
8. License for Product Ideas Not Accepted
For all ideas submitted and not accepted by Volition for further development and/or commercialization, you retain ownership of all Intellectual Property Rights therein. However, because accurately tracking idea ownership and intellectual property interests in a multitude of product idea submissions is extremely difficult, if not impossible, you agree that Volition shall receive a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, fully transferable license from you to use all of your Intellectual Property Rights in such product idea in Volition's business, including but not limited to, the right to develop products that may compete with a commercialized version of your idea.
9. Product Orders and Payment
There is no charge to use the Service. For product orders, Volition accepts American Express, MasterCard, and Visa cards. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, Volition reserves the right to suspend or revoke access to your account. Volition may add new fees and charges from time to time. If you want to use a different payment card or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. If your payment card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that credit card. It is your responsibility to keep your contact information and payment information current and updated.
10. Product Samples and Returns
Your satisfaction is important to us. We have developed a special testing program. You will receive your order with a sample tester of the exact product you have bought. Try that sample and see if you want to keep the full size. If you like the product then break the seal and use/keep the full size. If you are not satisfied then return the product with all safety seals intact within 30 days for a product refund less $3.00 for return shipping & handling. Please email customer service to process the return at email@example.com. Instructions and a printable ship return label will be provided. Once the product is received back at our warehouse, your credit will be processed. Returns are processed within 5 business days of receipt. Credit card refunds can take up to 30 days depending on your bank’s policies.
11. Product Availability Notifications
If a product that you want to purchase on our Service is not in stock, you can choose to provide us your e-mail address so that we can notify you when the product becomes available again.
12. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud, misrepresentation or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such activity is suspected, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
13. No Animal Testing
We do not test our products on animals nor do we permit others to do so except where it is required by law. We are strongly opposed to animal testing and support pushing alternative testing methods forward. We hope they will be adopted by all regulatory agencies and we will all see an end to animal testing.
14. Your Content
We allow you to upload content on the Service, including designs, graphics, comments, messages, suggestions and feedback (“Content”). Please read this section carefully before posting, uploading, or otherwise making available any Content on the Service.
By submitting Content to us, you represent and warrant that:
- You understand you are participating in a public forum and that your Content will be available to all other users of the Service;
- All Content that you post is accurate;
You may be able to share your Content with other users via the Service. It must be emphasized that we cannot prevent users from taking screen shots or captures or from downloading your Content and subsequently making your Content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your Content that you have posted to the Service. If the potential for public dissemination of your Content concerns you, please do not share that Content. Please note that recipients of Content are not allowed to download or maintain a copy of such shared Content.
15. Responsibility for Your Content
You are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. None of the Content that you submit shall be subject to any obligation of confidence on the part of Volition. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, Intellectual Property Rights infringement claims regarding any Content you submit, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. Procurement of applicable licensing rights for any of your Content and payment of all applicable royalties for such rights is solely your responsibility, and we disclaim any liability therefor.
We make no effort to review any of your Content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You may remove your Content from the Service at any time; however you acknowledge that we may retain archived copies of your Content.
We do not guarantee that you will have any recourse through Volition to edit or delete any Content you have submitted. We reserve the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Service. Ratings, written comments, questions and answers are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason.
Other users of the Service may post copyrighted information which has copyright protection whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such Content, and, as such, we do not control or guarantee the accuracy, integrity or quality of user Content. You acknowledge that by using the Service, you may be exposed to user Content that is offensive, indecent or objectionable.
By making your Content available to our Service, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of your Content. The rights you grant to us are for the limited purpose of operating and providing the Service, improving the Service, and allowing us to develop new services.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Service, or transmitted to users.
17. Social Media and Third Party Sites
Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Service. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.
18. Use Restrictions
You represent and warrant that you will not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the presentation of the Service.
- Interfere with or disrupt the Service, or the servers or networks connected to the Service.
- Forge headers or otherwise manipulate identifiers to disguise the origin of any Content or order transmitted through the Service, or attempt to impersonate another user, person or entity.
- Download lists of other users of the Service and use their information for your own business reasons.
- "Frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other websites for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Provide false, inaccurate or misleading information on the Service (directly or by omission or failure to update information).
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user.
- Create or send unsolicited messages or other electronic communications.
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs designed to interrupt, destroy detrimentally interfere with or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or expropriate any system, data or personal information.
- Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops).
- Advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Service to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
We reserve the right, but are not obligated to, investigate and terminate your participation in the Service if you have misused the Service, or violated any of the restrictions above.
19. No Warranties
EXCEPT AS PROVIDED IN SECTION 6, WE PROVIDE THE SERVICE AND RELATED INFORMATION AND PRODUCTS ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WE, OUR SUBSIDIARIES, MEMBERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of text messaging on account of technical problems or traffic congestion on the Internet, on the Service, on any website or any combination thereof, including injury or damage to your mobile device or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.
No oral or written information or advice provided by us, our resellers, agents or employees shall create a warranty or in any way.
21. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THE SERVICE (WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND ARISING FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF YOUR DATA, INFORMATION, CONTENT OR OTHER INFORMATION IN CONNECTION WITH THE USE OF SERVICE.
22. Term and Termination
23. Audit Rights
24. Intellectual Property Rights
Volitionbeauty.com, ttbeauty.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Volition and may not be used in connection with any product or service that is not offered by Volition in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Volition. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all Intellectual Property Rights, in these Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on our Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Volition. Designs created using the text tools and images available through our Service are in no way your exclusive property. We retain the right to display such designs or offer them (or variations of such designs) to other customers.
The compilation (meaning the collection, arrangement and assembly) of all Content on the Service is the exclusive property of Volition and protected by U.S. and international copyright laws. All software used on the Service the property of Volition or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Service for the sole purpose of placing an order with Volition, participating in interactive portions of the Service, or using the Service as a shopping resource. Any other use of materials on the Service, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Volition is strictly prohibited.
25. E-mail and Text Communications
E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Service).
26. Surveys and Feedback
We want to know what you think about the products you have tried, bought, know and love and we encourage you to use the interactive portions of our Service. When writing a review, posing a question on the question and an answer service or participating in our on-line community, please consider the following guidelines:
- Focus on the product and your individual experience;
- Provide details about why you like or dislike a product;
In addition, we may periodically present you with surveys or solicit your opinion about the Service. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMTIONS.
28. DMCA, Copyright and Other Complaints
We promote respect for the Intellectual Property Rights of others in all of our business endeavors and strictly prohibit users from uploading infringing Content to the Service. We may, in our sole discretion, remove Content that appears to infringe on the Intellectual Property Rights of others. It is our policy to respond to and investigate claims of copyright and other Intellectual Property Rights infringement. We have a policy of terminating the access of users who are repeat infringers in appropriate circumstances.
You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.
In order to notify us of a copyright infringement claim pursuant to the DMCA, you must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address;
- Your full name, address, telephone number, and, email address;
- a statement by you 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;
- a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.
The notice described above should be sent to us via email using the address firstname.lastname@example.org.
Please note that in order to facilitate resolution of the dispute, we may provide your contact information to the user or entity that posted the Content that you are reporting; or in the event that you are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. Please also note that you may be liable for damages (including costs and attorneys' fees) if you knowingly and materially misrepresent that material or an activity is infringing your copyright.
29. Other Complaints
If you reasonably believe that Content made available through the Service infringes your rights, please email us at email@example.com.
30. Independent Contractors
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
32. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
35. Governing Law
36. Entire Agreement
37. Refer-a-Friend Program Terms & Conditions
- Qualified Referral. A Qualified Referral is defined as a purchase made at volitionbeauty.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Eligibility. Eligibility is limited to individuals only. Volition’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Volition’s sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link 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 your account and exclusion from Volition’s Refer-a-Friend program.
- Right to Close Accounts. Volition 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 Volition Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Volition reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.