Terms & Conditions
YOU ALSO AGREE TO USE THE BARRY M COSMETICS GUIDELINES. IF YOU ARE UNDER THE AGE OF 16, YOU AGREE THAT YOUR MOTHER, FATHER OR GUARDIAN HAS READ THESE.
- Access and use of this site is provided by Barry M Cosmetics. References in these Terms to "we" or "us" or "our" refer to Barry M Cosmetics.
- Barry M Cosmetics reserves the right to change these Terms at any time. Please check these Terms on a regular basis for changes. Your continued use of the site after changes are posted will mean you accept the Terms as modified by the posted changes.
Accessing this siteBefore accessing this site you should obtain permission to do so from the tele phone bill payer. Please note that information sent by email is at your own risk as unfortunately security cannot be guaranteed.
Becoming a Member of BarryM.com, signing up to our newsletter, purchasing online or becoming a member of The M Club Community Site:
- Barry M Cosmetics is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with our privacy statement.
- BarryM.com and the M Club are intended solely for users who are thirteen (13) years of age or older. When you register to become a member of The M Club and/or our newsletter, you represent and warrant that all registration information you submit is truthful and accurate; and that you will maintain the accuracy of such information.
- You will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password.
- You agree to notify Barry M immediately if you suspect any unauthorised use of your account or access to your password.
- You are solely responsible for any and all use of your account.
You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of this site.
Examples of the type of content that is illegal or prohibited to post on or through BarryM.com and/ or the M Club is content which:
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to an person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming" or computer viruses;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
Uploading Content to BarryM.com and/or The M Club.
All members of The M Club must agree to The M Club Community House Rules. By accepting our terms and conditions, it is deemed you have read and agreed to The M Club Community HouseRules.
- Users must read the rules of the site and abide by them to ensure the forums, profiles and all user generated content areas of the website are kept friendly and within the law.
- All posters' comments are their own. They do not represent the views of Barry M Cosmetics. By posting on BarryM.com, the user grants Barry M Cosmetics the right to re-use any or all of the content of the message.
- Uploading pictures or videos from your mobile, by verifying your mobile details in your user account your mobile number will automatically be stored in our mobile marketing database. Also see Privacy Statement.
- Barry M reserves the right to remove commercial content in its sole discretion. Commercial advertisements, affiliate links, and other forms of unauthorised solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.
- You are solely responsible for your interactions with other M Club Members. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Members.
- Barry M Cosmetics assumes no responsibility for monitoring the M Club Services for inappropriate Content or conduct. Barry M Cosmetics may choose, in its sole discretion, to monitor the M Club Services, at any time. Barry M Cosmetics nonetheless assumes no responsibility for the Content and no responsibility for the conduct of the User submitting any such Content.
- Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, or if we believe that you have violated this agreement or pose a threat to The M Club and/or its users. If you upload content which may be offensive, illegal or violate the rights of any person or entity.
- Illegal and/or unauthorised use of BarryM.com or The M Club, including collecting usernames, user id numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the M Club Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.
Proprietary Rights in Content on M Club.
- You are solely responsible for the photos, profiles (including your name, image and likeness), messages, notes, text, information, video, and other content that you upload, publish or display (post) on or through The M Club, or share with other users. You may not post, transmit, or share User Content on the M Club Site that you did not create or that you do not have permission to post.
- Barry M Cosmetics does not claim any ownership rights to the text, files, images, photos, video, sounds, musical works, applications, or any other materials (collectively, "Content") that you post on or through The M Club. After posting your Content to The M Club, you continue to retain any such rights that you may have in your Content, subject to the limited license in part 7c.
- By displaying or posting any Content on or through The M Club, you hereby grant to Barry M Cosmetics a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through The M Club, including without limitation distributing part or all of The M Club Website in any media formats and through any media channels. After you remove your Content from The M Club we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will \ terminate.
- We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on The M Club website any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeated infringers in accordance with the Digital Millennium Copyright Act.
Copyright and trademarks
- The Barry M Cosmetics name and logo are trademarks of Barry M Cosmetics. Other logos and names used on this site may also be the trademarks of Barry M Cosmetics or their respective owners. These trademarks may not be reproduced without the consent of the relevant owners.
- The M Club and Barry M website contain Content protected by copyright, trade mark, patent, trade secret, industrial secret, and other laws, and Barry M Cosmetics owns and retains all rights in the M Club Content and the M Club Services. Barry M Cosmetics hereby grants you a limited, revocable, non sub-licensable license to reproduce and display The M Club Content (excluding any software code) solely for your personal use in connection with viewing the M Club Website and using the M Club Services.
- Barry M Cosmetics reserves the right to change the dates of any competitions, please ensure you always check the specific Terms & Conditions of that competition.
- Competitions are not open to employees of Barry M Cosmetics, and the prize sponsor company, or to members of their families.
- Following each competition, Barry M Cosmetics will notify the winner using the email provided. If no response is received to the email within one month of mailing, the prize will be void.
- Your personal details are covered by the Barry M Cosmetics data protection policy.
- Barry M Cosmetics may cancel their competitions at any time.
- If you have any queries regarding our competitions, please email Barry M Cosmetics.
- The material in the site is provided for general information only and is not intended as specific advice. Whilst we try to ensure that the information in the site is accurate, we can accept no responsibility for the accuracy of the site content. Users who rely on the information in the site do so at their own risk. This site is made available for public viewing solely on the basis that Barry M Cosmetics excludes to the extent lawfully permitted all liability whatsoever for any loss or damage arising out of use of this site or reliance upon its contents.
- We do not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represent full functionality, accuracy or reliability of the materials. We cannot accept any liability for any loss, disruption or damage to your data or your computer system which may occur as a result of you using this site.
- We reserve the right in our sole discretion to deny any user access to this site or any part of it without prior notice.
- This site may contain links to other websites. Such links are provided for your convenience only. Barry M Cosmetics does not control such websites and is not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. We cannot guarantee that these links will work all the time and Barry M Cosmetics has no control over the availability of the linked pages.
- If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within that jurisdiction in which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- These Terms and use of this site shall be governed by English law. All claims or disputes arising out of or in connection with this site shall be subject to the exclusive jurisdiction of the courts of England. However, Barry M Cosmetics shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive and other relief in respect of the infringement of intellectual property rights.
- All product colours in our brochure and on our website have been reproduced as accurately as possible, however there may be some slight variation on shades.
Limitation on Liability
IN NO EVENT SHALL BARRY M BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE M CLUB SERVICES, EVEN IF BARRY M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARRY M'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BARRY M FOR THE M CLUB SERVICES DURING THE TERM OF MEMBERSHIP.