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. Signing up to our newsletter & purchasing online:
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 is intended solely for users who are thirteen (13) years of age or older. When you register to become a member of 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 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 content which:
4. harasses or advocates harassment of another person;
5. exploits people in a sexual or violent manner;
6. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
7. solicits personal information from anyone under 18;
8. publicly posts information that poses or creates a privacy or security risk to an person;
9. 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;
10. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming" or computer viruses;
11. includes a photograph or video of another person that you have posted without that person's consent;
12. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
5. Uploading Content to BarryM.com.
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 unauthorised solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.
6. 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 Barry M website contains Content protected by copyright, trade mark, patent, trade secret, industrial secret, and other laws.
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 Barry M Cosmetics.
7. 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.
8. 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.
9. We reserve the right in our sole discretion to deny any user access to this site or any part of it without prior notice.
10. 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.
12. 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.
13. 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.
14. 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.
15. 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.