M Club Registration

Please read these Terms of Use ("Terms") carefully before using this website. Use of this site constitutes your acceptance of these Terms, which take effect on the date that you first use the site. If you do not agree to these Terms (note in particular the disclaimers at Terms 6 and 7) please do not use this site.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY POLICY CAREFULLY BEFORE REGISTERING AS A USER AND BEFORE USING THIS BARRY M WEBSITE. IF YOU DO NOT AGREE TO THE BARRY M TERMS AND CONDITIONS OF WEBSITE USE AND/OR THE PRIVACY POLICY, PLEASE DISCONTINUE YOUR USE OF THIS SERVICE WITH IMMEDIATE EFFECT.

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.

1. 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.
2. 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.
3. Accessing this site
   Before accessing this site you should obtain permission to do so from the telephone bill payer. Please note that information sent by email is at your own risk as unfortunately security cannot be guaranteed.

4. Becoming a Member of BarryM.com, signing up to our newsletter, purchasing online or becoming a member of The M Club Community Site:

   1. 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.
   2. 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.
   3. You will also be asked to choose a password.
      You are entirely responsible for maintaining the confidentiality of your password.
   4. You agree to notify Barry M immediately if you suspect any unauthorized use of your account or access to your password.
   5. You are solely responsible for any and all use of your account.

5. 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:

   1. harasses or advocates harassment of another person;
   2. exploits people in a sexual or violent manner;
   3. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
   4. solicits personal information from anyone under 18;
   5. publicly posts information that poses or creates a privacy or security risk to any person;
   6. 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;
   7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming" or computer viruses;
   8. includes a photograph or video of another person that you have posted without that person's consent;
   9. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.

6. 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 House Rules.

   1. 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.
   2. 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.
   3. 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.
   4. Barry M reserves the right to remove commercial content in its sole discretion. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.
   5. 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.
   6. 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.
   7. 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.
   8. Illegal and/or unauthorized 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 unauthorized framing of or linking to the M Club Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.

   Barry M reserves the right to take appropriate legal action for any illegal or unauthorized use of BarryM.com or The M Club Services.

7. Proprietary Rights in Content on M Club.

   1. 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.
   2. 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.

   3. 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.

   4. 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.

   If you believe that any material on The M Club infringes upon any copyright which you own or control, you may send a written notification of such infringement to info@barrym.com.

8. Copyright and trademarks

   1. 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.
   2. The M Club and Barry M website contain Content protected by copyright, trademark, 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-sublicensable 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.

9. Competitions

   1. 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.
   2. Competitions are not open to employees of Barry M Cosmetics, and the prize sponsor company, or to members of their families.
   3. 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.
   4. Your personal details are covered by the Barry M Cosmetics data protection policy.
   5. Barry M Cosmetics may cancel their competitions at any time.
   6. If you have any queries regarding our competitions, please email info@barrym.com.
10. 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.
11. 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.
12. We reserve the right in our sole discretion to deny any user access to this site or any part of it without prior notice.
13. 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.
14. If there is any conflict between these Terms and any rules or specific terms of use appearing elsewhere on this site relating to specific material, then those specific terms or rules shall prevail.
15. 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.
16. 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.

17. 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.

The M Club Community House Rules

Rules!

We have enough of these in our daily lives but we do need to make sure every member of the M club is a likeminded beauty addict and treats their fellow M club members with the respect and love they each deserve.

The M club is meant to be as fun a place as possible, providing a safe and welcoming community for all aged 13 years or over. Please read and follow our community guidelines and help make The M Club a fab place to share opinions and experiences. If you have any questions or concerns don't hesitate to contact us on beautysos@barrym.com.

Share the love

Feedback is a big part of The M Club, and when done with respect, can be a great way to make new mates and share cool tips & looks. So, leave comments, rate other M club members' beauty tips, photos and videos. Any hateful or unnecessarily negative comments will be removed.

Play nice

The M Club is a place for everyone, so treat people how you would like to be treated yourself. This means no swearing, no offensive messages or comments, no bookmarking offensive links, and no bullying. Behaviour and/or comments which are hateful, racist, sexist or homophobic are not tolerated on BarryM.com and will be removed. Anyone found guilty of this behaviour risks being removed from the site completely. If you come across any offensive comments or links, please report it to us.

The following activities are deemed to be unacceptable on BarryM.com

• Profanities or swearing
• Personal insults about another user
• Impersonating another user
• Advertising and soliciting
• Libellous or defamatory comments
• Comments relating to any ongoing or pending criminal trial
• Posting content which you have copied from someone else (i.e. you do not own the copyright)
• Visual sexual references

Keep your private info private

Never give out private and personal information (your telephone number, email, home address, school instant messenger name, M Club password or any personal details) to people on BarryM.com who you don't know. Be cautious of people who ask you for too much information, even if you've 'known' them a while.

Be yourself

Pretending to be something or someone you are not is not cool. It's dishonest and unacceptable, and anyone found doing so will be removed from the site.

Report it

If you see anyone acting against these guidelines, or see any content you think is hateful or offensive, we encourage M Club members to report it to us.

HAVE FUN

***Please read all of this Privacy Policy as well as the Terms and Conditions very carefully prior to commencing use of this web site and on each and every occasion that you use this web site in the future to check for updates.

Barry M Cosmetics Limited processes personal information only in strict compliance with the Data Protection Act 1998 (as amended), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other associated data protection legislation. Any personal information provided or gathered via this web site is controlled primarily by Barry M Cosmetics Limited.

This privacy policy sets out how Barry M Cosmetics Limited uses and protects any information that you give Barry M Cosmetics Limited when you use this website.

Your visiting this web site constitutes acceptance of and consent to the practices set out in this Privacy Policy. If you do not agree with any of the terms as set out in this Privacy Policy then you should cease using this web site immediately.

Barry M Cosmetics Limited reserves the rights to change this Privacy Policy at any time by posting an updated version on the web site. The date that the web site was last updated is shown below. Your continued use of this site after an updated version is posted constitutes your acceptance of and consent to the practices set out in this Privacy Policy as modified.

This policy is effective from May, 2007 and was last updated February 2009.

Barry M Cosmetics is committed to ensuring that our site visitors' and our customers' 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 this privacy statement.

We will not disclose information about our customers to third parties except with your permission to do so, and where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling.

What we collect

The only information that is collected automatically when you access this web site is the IP address of the computer that you are using. For more information on IP addresses, please see below.

We may collect the following information:

1. Name
2. Contact information, postal address and email address
3. Demographic information such as age, post code, preferences and interests
4. Credit Card details, if you are making a purchase online
5. Other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

1. Internal record keeping.
2. We may use the information to improve our products and services.
3. We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

As the Internet is a global network, there may be instances when your personal data travels across international borders. This may include transfers outside the EU and the EEA. If you do voluntarily input any personal information via this web site or send correspondence, then in doing so you are authorising Barry M Cosmetics Limited to transfer your personal data in this way.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.

Communication & Marketing

If you have made a purchase from our online store we may occasionally update you on our latest products, news and special offers via e-mail, post &/or telephone. You will also be given the opportunity to receive such communications from us and selected third parties when you sign-up to BarryM.com.

All members have the option to opt-out of receiving marketing communications from us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties you should opt-out by visiting 'Your Account' on the BarryM.com website. You can access 'Your Account' and "Edit Account" once you register and login. Or click on the "unsubscribe" link in any email communications which we might send you.

What are Cookies?

Like many web sites, this web site does use cookies. This enables Barry M Cosmetics Limited to provide you with a more personalised service.

A cookie is a small information file that is sent to your computer and is stored on your hard drive. The information that the cookie holds will typically consist of the domain name of where the cookie came from, how long the cookie will remain on your computer before it expires and a unique value assigned to the cookie which is made up of a randomly generated number. A Cookie may also contain your "log in" information that will allow you to log in automatically when visiting the web site. Cookies are not computer programs, they cannot read any information from your hard drive and they do not disseminate viruses.

You can set your web browser to reject cookies, though please be aware that the BarryM.com web site may not function correctly if you do this.

For more information about cookies, including how to disable them, please go to www.allaboutcookies.org.

Some of the web pages on the web site may contain "clear gifs" or "web beacons". These are used to count the number of users who access those pages and only collect information relating to the time, date and the page that was visited. They do not carry any personal information and are only used to track how effectively certain aspects of the web site are performing.

IP Addresses

The IP address of the computer you use to access this web site is automatically provided by your browser each time you view the web site. If you provide any personal information via this web site then the IP address of the computer you are using at the time you provide this information will be stored by Barry M Cosmetics Limited. IP addresses may be used by Barry M Cosmetics Limited for various reasons, including but not limited to differentiating between users from different geographical locations or to help with technical problems that may relate to certain groups of IP addresses.

How secure is my Personal Information?

The security of your personal information is very important to Barry M Cosmetics Limited and we take all steps it deems reasonably necessary to ensure such security. However, the transmission of data over Internet cannot be guaranteed to be completely secure and failsafe. As such, Barry M Cosmetics Limited is not able to warrant or guarantee the complete security of any personal information that you provide and it is important that you are aware that providing any such information is done so entirely at your own risk.

The most important thing:

Please remember, Barry M Cosmetics will always keep your data secure and never share it with third parties without your consent. We take privacy seriously.

Contacting us

Barry M Cosmetics Limited is the data controller for the purpose of the Data Protection Act 1998 (the Act).

We are always pleased to hear from our customers (even if it is a complaint!). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied - we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact customer services who will be delighted to answer any questions you may have.

You can either email us at: info@barrym.com or contact us via post or phone.