October 31, 2017
We work closely with Shop MA, Inc., SHOP.com Marketplace, Inc., Conquer Entertainment, Inc., Live Enterprise, LLC, Market America Worldwide, Inc. , Market America, Inc. and each of their various subsidiaries and affiliated companies (collectively the “Affiliates. For this reason, throughout these Terms, references made to “Market Malaysia” “MA” “Company” “we” “us” and “our” collectively include Market Malaysia and the Affiliates. The Site is hosted in the United States.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN MARKET MALAYSIA AND YOU.
2. Other Policies / Terms. All policies currently posted on the Site, and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms.
3. Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on the Site. Each such modification shall be effective upon posting. Your continued Use of the Site after we post a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
4. Eligibility. Being a Registered User of the Site (“Registration”) is void where prohibited by law. By Using the Site, you represent and warrant that (a) all registration information you submit to the Site and all other Market Malaysia sites is truthful, accurate, current and complete; (b) you will update and maintain the accuracy of such information; (c) you have legal capacity and are of legal age to accept and agree to be bound by these Terms (as per the laws and regulations of your jurisdiction); and (d) your Use of the Site does not violate any applicable law, rule or regulation. Your Registration may be terminated without notice, if we believe that you are not of legal age or otherwise lack legal capacity to accept and agree to be bound by these Terms or as otherwise permitted herein.
5. Termination of Registration/Access. We reserve the right, in its sole discretion, to terminate your Registration and/or to deny, restrict, suspend or terminate your Use of all or any part of the Site at any time, for any reason or no reason at all, with or without notice or explanation, and without liability. We expressly reserve the right to terminate your Registration and/or deny, restrict, suspend, or terminate your Use of all or any part of the Site if we determine, in our sole discretion, that you have violated these Terms or that you may pose a threat to my.Motivescosmetics.com and/or its Users. After Registration and/or access is terminated, these Terms will terminate, but the following provisions will still apply: Sections 1, 2, 5, 7.1, 7.3, 7.4, 7.5, 7.6, 8, 15.7, 16, 17, 19, 20, 21 and 22.
6. Password. When you register for my.Motivescosmetics.com, an account will be created and you will be prompted to create an account, username and password. If you previously registered with another Market Malaysia site, you already have a username and password, and you may log in to your account on the Site using the same username and password. You are responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username, or password of another Registered User at any time. You further agree not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.
7. Proprietary Rights to Site Content.
- 7.1 Rights to Site Content. All content available on the Site, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the proprietary property of Market Malaysia or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Site Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.
- 7.2 License to Site Content. If you are a current Registered User of my.Motivescosmetics.com, you are granted a limited, revocable license to Use the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, or publish the Site Content in any other form or format. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any Use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized Use may also violate applicable laws including copyright and trademark laws and communications regulations and statutes. Except as expressly stated herein, any Use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
- 7.4 Right to Use Registered User Information. You authorize us to make such copies of your Registered User Information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered User Information to provide you with targeted advertising or promotional material, to offer personalized features, to complete surveys, studies or data analysis conducted by Market Malaysia or any of its partners or for other promotional or marketing purposes.
- 7.5 Copyright/Patent. All Site design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, MA’s Marks (as defined below) digital downloads and data compilations are owned solely and exclusively by Market Malaysia or its content suppliers and are protected by Malaysia. and international copyright or patent laws. The compilation, “look and feel” and color schemes of all content on the Site are the exclusive property of Market Malaysia and protected by Malaysia and international copyright laws. All software used on the Site is the property of Market Malaysia or its software suppliers and protected by Malaysia and international copyright or patent laws.
- 7.6 Trademarks. “Market America,” “Motives™,” the Market America logo, "Motivescosmetics.com,” “Built on Product, Powered by People™,” all MA and its affiliates’ product and service names and logos, "UnFranchise™," and all other MA and its affiliates’ graphics, page headers, button icons, logos, scripts and all registered and unregistered marks and service names used by MA and its affiliates’ are service marks, trade names, trademarks and/or trade dress of MA or (collectively “MA’s Marks”). You may not use MA and its affiliates’s Marks for any reason or purpose whatsoever. All trademarks not owned by MA and its affiliates’ that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Market Malaysia.
8. User Posts, Comments, and other Content. You acknowledge that all content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this website. Market Malaysia does not control the Postings posted, emailed or otherwise transmitted on this website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although Market Malaysia has adopted standards and conduct guidelines for the users of this website (as described below), you understand that by using this website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this website. You agree not to use this website (including any Chat Rooms or Comments Sections) to:
- a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- b. Harm minors in any way;
- c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Market Malaysia, its affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Market Malaysia, its affiliates or any other person or entity;
- d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Websites;
- e. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of this website are able to type, or otherwise act in a manner that negatively affects other users' ability to use any portions of this website;
- j. Interfere with or disrupt the Websites or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
- k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- l. "Stalk" or otherwise harass another user or employee of the Websites; or
- m. Collect or store personal data or attempt to collect or store personal data about other users of this website.
Your privilege to use this website (including any Chat Rooms or Comments Sections) and contribute to discussions in any Chat Rooms or Comments Sections depends on your compliance with the standards and conduct guidelines set forth above. Market Malaysia may revoke your privileges to use all or a portion of this website and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to its attention. Further, if you fail to adhere to Market Malaysia’s standards and conduct guidelines, Market Malaysia may terminate, in its sole discretion, your use of this website.
All Postings are public and not private communications. Market Malaysia reserves the right to monitor some, all, or no areas of Web Sites for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in any Chat Rooms or Comments Sections, Market Malaysia is acting as a passive conduit for such distribution and Market Malaysia is not undertaking any obligation or liability relating to any Postings or Comments. Although Market Malaysia reserves the right to remove, without notice, any Posting for any reason, Market Malaysia has no obligation to delete Postings that you may find objectionable or offensive.
9. Release. You understand and agree that Postings can be reproduced, disseminated and used by Market Malaysia and its related companies affiliates and subsidiaries worldwide. You understand that your name, testimonial, image(s), and other likeness may be distributed by means of various media, including, but not limited to, promotional or news materials, internet or intranet websites, blogs, social media sites and/or e-mail, or used in any event held by Market Malaysia, without any further authorization or notice to you. You release and hold Market Malaysia and its affiliates, officers, directors, employees, representatives, successors and assigns harmless from any and all liability for damages of whatever kind or nature which may at any time result from the use or dissemination of your Postings. You understand that you will not receive any compensation for your Posting and forever waive any and all rights, compensation, royalties, or other payment in connection with the use of the Postings.
10. Protecting Copyrights and Other Intellectual Property. We respect the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Agent for Notice of copyright infringement can be reached as follows:
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, North Carolina 27409.
11. Pricing. Except where noted otherwise, the Price displayed for items on the Site represents the full retail price of the item. Despite our best efforts, a small number of items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
12. Payment. When you purchase an item from the Site, you must provide a valid credit or debit card number. You represent and warrant that you are an authorized user of the credit or debit card. You are responsible for payment of all applicable taxes and for all shipping and handling charges. All applicable taxes and shipping and handling charges will be included on your order invoice.
13. Market Malaysia Return Policy. Market Malaysia’s return policy can be found at: my.motivescosmetics.com/site/return-policy
14. Market Malaysia Shipping Policy. Market Malaysia’s shipping policy can be found at my.motivescosmetics.com/site/shipping-policy
15. Risk of Loss. The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper.
16. Product / Service Descriptions. We make every attempt to provide you with accurate information, but we do not warrant or guarantee that product and service descriptions, colors or other contents of the Site are accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it to us in unused condition for a refund, as set forth in the Market Malaysia Return Policy.
17. SHOP Points.
- 17.1 Preferred Customers are automatically enrolled in the SHOP Points program. This program allows you to get 2% SHOP Points for your qualifying purchases. SHOP Points is calculated on the total amount of the qualifying purchase, excluding any and all fees, taxes, shipping costs, and after application of any coupons or codes. The Points you earn can be used to pay for products available through the Site.
- 17.2 Preferred Customers will be credited, subject to these Terms, a percentage of the Net Purchases of qualifying products that display the SHOP Points logo. “Net purchase” is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees. We reserve the right, in its sole discretion, to determine which products will display the SHOP Points logo.
- 17.3 SHOP Points rewards for qualifying products will post to your SHOP Points account immediately. After this point, if the purchase is eligible, it will be marked as “available” in your SHOP Points account and the associated SHOP Points rewards will be eligible for redemption. It is your responsibility to ensure that we properly post SHOP Points rewards to your SHOP Points account.
- 17.4 Adjustments for erroneously credited SHOP Points shall be applied to your SHOP Points account at any time by us in our sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the ma SHOP Points program.
- 17.5 You will not earn SHOP Points on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Preferred Customer; (c) the order is later cancelled or the goods or services are later returned; or (d) you conduct "sham" transactions, make any misrepresentation in connection with your participation in ma SHOP Points, maintain multiple SHOP Points accounts, or do not otherwise comply with these Terms.
- 17.6 We may close your SHOP Points account if we terminate your Registration and/or deny, restrict, suspend or termination your Use of all or any part of the Site, if you terminate your Registration, or if your SHOP Points account has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period). Accrued but unredeemed SHOP Points rewards in SHOP Points accounts that are closed will be returned to us.
- 17.7 We reserve the right to terminate the ma SHOP Points program at any time with notice. Notification of termination will be sent to the email address you provide to us during the Preferred Customer registration process.
- 17.8 All SHOP Points redemptions are final.
- 19.1 Users. We are not responsible or liable, and make no warranties, express or implied, for the conduct of any User of the Site.
- 19.2 Third Party Web Sites. The Site may contain links to third party Web sites. Market Malaysia is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third party Web sites. Inclusion of any linked Web site on the Site does not imply our approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party Web sites, you do so at your own risk.
- 19.3 Third Party Advertisements / Applications. Market Malaysia is not responsible or liable for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
- 19.4 Availability of the Site. The Site or any portion thereof may be unavailable from time to time for maintenance or other reasons. Market Malaysia assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Market Malaysia is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to User’s or to any other person's computer, mobile phone, smart phone, tablet or other equipment related to or resulting from Use of the Site. Under no circumstances shall Market Malaysia be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Site, or from the conduct of any User(s) of the Site.
- 19.5 DISCLAIMER OF WARRANTIES. THE SITE AND SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MARKET MALAYSIA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MARKET MALAYSIA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. MARKET MALAYSIA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Please contact us at: email@example.com with any questions about these Terms.
I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.