Terms of Service
Terms of Service
Effective as of February 22, 2018
Welcome to KPOP Makeup Forever (herein referred to as "Website" or "Site"). This Website is owned and operated by The Nyla Lauren Company at www.KPOPMakeupForever.com. KPOP Makeup Forever™ is a brand, trademark and service-mark ("Mark", "Marks") of The Nyla Lauren Company ("We", "Us", "Our") and its affiliates. The information, rules and regulations contained herein ("Terms", "TOS") apply to all visitors to or users of this Website and all users and recipients of products and services we provide ("Services"). By your visit or use of this Site or use or receipt of Our Services ("Activity", "Activities"), you accept and agree to be bound by these Terms, which may be modified by Us at any time and posted on this Website. By your Activity at KPOP Makeup Forever, you certify that you are 18 years of age or older or that you have received express consent from your parent(s) or legal guardian(s) for your Activity. If you are under the age of 18, you may use this Website only in conjunction with a parent or legal guardian who agrees to be bound by these Terms. All billing and registration information provided by you on this Website must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested. We may from time to time change the TOS that govern your use of Our Site. Your Activity at KPOP Makeup Forever following any such change constitutes your agreement to follow and be bound by the Terms as changed. We may change, move or delete portions of, or may add to the Site from time to time.
In the event of a violation of these Terms, We reserve the right to seek all remedies available by law and in equity.
KPOP Makeup Forever, KPOP Makeup Forever Card, KPOP It!, KPOP It! Cosmetics, KPOP Makeup Forever Card, Forever Free, and KPOPMakeupForever.com are tradenames, trademarks, service-marks, and/or trade dress of The Nyla Lauren Company and its affiliates. Our Marks and all of Our associated logos or images are registered and/or common law trademarks of The Nyla Lauren Company. All other tradenames, trademarks, service-marks, and/or trade dress contained in this Site are the propert(y)(ies) of their respective owners. We disclaim any proprietary interest in tradenames, trademarks, service-marks, and trade dress other than Our own. We and Our affiliated companies retain all rights regarding Our Marks. No use of our Marks may be made without Our prior written express authorization, except as necessary to accurately identify Our products or Services.
This Site and all of its materials, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, "Materials") are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Materials are provided by Us as a service to Our current and prospective customers and may be used only for personal information and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in Our Materials is conveyed to you. This is a limited license, not a transfer of title to Our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit Our Services, this Website or any of its Materials without Our prior written express permission; (b) you may not access or use this Site or use or receive Our Services for any competitive or commercial purpose; and (c) you will not permit any copying of Our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Us. Misuse of Our Marks and/or copyrighted Materials displayed on this Site is strictly prohibited.
You are advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
We have a no-tolerance policy regarding third-party use of Our Marks or Materials in metatags, hidden text or ad keywords. More specifically, the unauthorized use of Our Marks or Materials in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to any web page on this Site is prohibited absent Our written express permission. Framing, inline linking or other association of this Site or its Materials or Our Marks with links, advertisements and/or other information not originating from the this Site is expressly prohibited.
You agree that We may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Our products or Services, or for such other purpose(s) as We deem appropriate.
All features, content, specifications, products and prices of products and Services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of Our products, including the applicable colors. However, the actual color you see will depend on your computer system and other factors outside of Our control, and We cannot guarantee that your computer or these factors will accurately display such colors. The inclusion of any products or Services on this Site at a particular time does not imply or warrant that these products or Services will be available at any time. The aforementioned statement regarding product and service availability supersedes any and all statements made elsewhere on this Site. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, possession, use and sale of any item purchased from Us. By placing an order, you represent that the products ordered will be used only in a lawful manner.
This Site, its content, product information, and any products sold through this Site or offline are intended to comply with U.S laws and regulations. If you are not a U.S. citizen or resident, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that We offer.
No adjustments will be made on prior purchases unless otherwise permissible by Our Buyer Protection program described at www.KPOPMakeupForever/shopsafe. All descriptions of products and product pricing are subject to change at any time without notice for any or no reason at Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made by Us is void where prohibited.
Many of the products displayed on this Site are available in select KPOP Makeup Forever retail locations, trade events, offline sales events, through authorized resellers, and external social media shops (collectively, "Channels") while supplies last. In some cases, merchandise displayed for sale on this Site may not be available outside of this Site. The prices displayed on this Site and at Our Channels are quoted in U.S. Dollars.
You understand that by your Activity you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree your Activity is performed at your sole risk, and that We and Our affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
We offer KPOP Makeup Forever Cards as rewards or promotions and for purchase on this Site and at Our Channels. KPOP Makeup Forever Cards are electronic promotional vouchers and are not gift cards, gift certificates, credit cards, bank cards, ATM Cards, debit cards, or prepaid debit cards. KPOP Makeup Forever Cards (and their monetary value) expire 6 Gregorian calendar months after issue, and We may change this date of expiration at any time for any or no reason with or without prior notice. KPOP Makeup Forever Cards can only be used at KPOP Makeup Forever and are not accepted at any other retailer. By your receipt and/or use of an KPOP Makeup Forever Card, you certify that you understand and agree to these Terms.
From time to time there may be information on, at or through this Site or Our Channels (collectively, "Store") that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We do Our best to ensure that information We provide is complete, accurate and current. Despite Our efforts, information at our Store may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information provided by Us. For example, products offered at our Store may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated at our Store. In addition, We may modify price and availability of products without notice. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). While it is Our practice to confirm orders by email, the receipt of an email order confirmation does not constitute Our acceptance of an order or Our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any being for any or no reason. We also may require verification of information prior to the acceptance and/or shipment of any order. In addition, We do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by Us.
Any contests or promotions described or posted by Us shall be governed by the rules regulating such event.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases made at our Store are made pursuant to Our shipment conditions by your Activities. As a result, risk of loss and title for items purchased from Us pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments, unless such responsibility is otherwise negated by our Buyer Protection Program.
Periodically, links may be established from this Site to one or more external websites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to this Site. None of such links should be deemed to imply that We endorse the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access or use of any Third Party Sites is at your own risk, and We will have no liability arising out of or related to such Third Party Sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.
YOUR ACTVITY ON, AT OR THROUGH OUR STORE IS AT YOUR RISK. THE PRODUCTS, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON, AT OR THROUGH OUR STORE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE NOR ANY OF OUR RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS, INFORMATION, MATERIALS, OR SERVICES PROVIDED ON, AT OR THROUGH OUR STORE. THE PRODUCTS, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON, AT OR THROUGH OUR STORE MAY BE OUT OF DATE, AND WE NOR ANY OF OUR RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH PRODUCTS, INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS, INFORMATION, MATERIALS, AND SERVICES USED OR RECEIVED OR PURCHASED ON, AT OR THROUGH THE STORE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, INFORMATION, MATERIALS, AND SERVICES LISTED, GIVEN, USED, RECEIVED, OR PURCHASED ON, AT OR THROUGH THE STORE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, AND/OR MISAPPROPRIATION.
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USE OF THE STORE, OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. IN THE EVENT OF ANY PROBLEM WITH THIS STORE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR STORE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE USED, RECEIVED OR PURCHASED ON, AT OR THROUGH OUR STORE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS ROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IF AVAILABLE IN ACCORDANCE WITH THE RETURN AND REFUND POLICIES POSTED ON THIS SITE.
YOU AGREE TO INDEMNIFY AND HOLD THE NYLA LAREN COMPANY, ITS OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR ACTIVITIES AT THE STORE OR BREACH OF THESE TERMS.
We control this Website from Our office within the State of Maryland. We do not imply that Our Services and the products offered at Our Store are appropriate for use outside of the continental United States of America. If you perform Activity from outside of the continental USA, you do so on your own initiative and you are responsible for compliance with local laws. Our Terms shall be governed by the laws of the state of Maryland, without giving effect to its conflict of laws provisions.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and The Nyla Lauren Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any Activity with or transaction conducted at Our Store, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party 30 days from the date of mailing to respond to the Dispute. Notice shall be sent to:
The Nyla Lauren Company
Attention: KPOP Makeup Forever Dispute Resolution
76 Cranbrook Road, Suite 238
Cockeysville, MD 21030
Unless you indicate otherwise in your notice, We shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile. In the event that We are unable to resolve the dispute with you through the method referenced above, you and The Nyla Lauren Company both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the JAMS Arbitration, Mediation, and ADR Service in Maryland.
We shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, videos, images, recommendations, comments, feedback, suggestions, criticism, reviews, or techniques ("User Submissions") contained in any communication you send to or provide on, at or through Our Store for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any compensation to or authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, We do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them if We choose to publish them once submitted. We reserve the right to determine in Our sole discretion whether User Submissions are appropriate and comply with Our Terms including without limitation, the Prohibited Uses of this Site and Our Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. We do not regularly review posted comments, but do reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the Store. You grant Us the right to use the name that you provide in connection with any User Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any of your User Submissions.
You are and shall remain solely responsible for the content of your User Submissions, and you agree to indemnify Us and Our affiliates for all claims resulting from them. The Nyla Lauren Company and its affiliates take no responsibility and assume no liability for any User Submissions submitted by you or any third party. Unless We indicate otherwise, you grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Submissions throughout the world in any media.
Although third-party or user-generated submissions may be posted on this Website, the posting of those submissions does not constitute Our endorsement of those submissions. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including Us and Our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in Our judgment, restricts, impairs, interferes or inhibits any other user from Activity or products.
In addition to any remedies that We may have at law or in equity, if We determine, in Our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, We may take any action We deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Us to disclose the identity of anyone posting such materials.
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to this Site, including, without limitation, via means of submitting a virus to this Site, overloading, flooding, spamming, mail-bombing, crashing, or usurping this Site's resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of Our system or network security using any of the means above may result in civil and/or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Website. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Us and other than generally available third party web browsers (e.g., Google Chrome, Safari, Internet Explorer, Mozilla Firefox, etc.).
You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Us.
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order and account information secure.
We sell products to retail consumers only. You shall not use our Store to purchase products for resale or export. We reserve the right to immediately bar access to our Store and terminate the account of any user who violates this provision.
When you visit this Site or send emails or messages to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by email and/or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
We are committed to protecting the privacy of the users of this Site. For information on how information is collected, used, or disclosed by Us in connection with your Activity, please consult Our Privacy Policy.
The provisions and conditions of this TOS, Our Privacy Policy and this Site constitute the entire agreement between you and The Nyla Lauren Company related to the use of our Store and Our Services, and supersedes any prior agreements or understandings not incorporated in this TOS.
We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site, at any time and without notice. We also reserve the right, at Our sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your Activity at KPOP Makeup Forever following any such change constitutes your acceptance of and agreement to follow and be bound by the Terms as changed.
We do not permit any Activities on, at or through Our Store that infringe on the intellectual properties of others, including but not limited to copyright, trademark, or patent. We may remove User Submissions of any kind from Our Store. At Our sole discretion, We may limit or permanently terminate a user account for any or no reason. For instance, We may limit a user’s ability to post comments if such comments infringe another’s copyright, or may terminate a user’s account for egregious or repeated infringing conduct on this Site.
If you are the owner of an intellectual property or an agent for such owner and believe that any content on this Site infringes upon your rights, you may notify Us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
- A clear and concise Identification of the intellectual property right being infringed;
- Identification of the content that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Us to locate the same;
- Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
- 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 the intellectual property right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
By Mail:
The Nyla Lauren Company
Attention: KPOP Makeup Forever Legal
76 Cranbrook Road, Suite 238
Cockeysville, MD 21030
By Email:
If you fail to comply with any or all of the requirements above, your notice may not be valid.
This Agreement is effective unless and until terminated by either you or Us. You may terminate this Agreement at any time. We also may terminate this Agreement at any time and may do so immediately without notice. We may deny you access to Our Store, if at Our sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Us, you must promptly destroy all materials, downloaded or otherwise, obtained from Us, as well as all copies of such materials, whether made under Our Terms of Service or otherwise and must cease to use Our Services and Our Store
If you do not understand any portion of Our Terms or if you have any questions or comments, We invite you to contact Our Customer Service department by email at care@KPOPMakeupForever.com or by phone at 1 (800) 410-8309.
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