TERMS & CONDITIONS

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/merakibeautycollection, www.instagram.com/merakibeautyxo, and www.pinterest.com/merakibeautyxo ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but Meraki Beauty does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Meraki Beauty does not own or control, or to the actions of people that Meraki Beauty does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Meraki Beauty reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Meraki Beauty decides to change these Terms of Use, Meraki Beauty will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.

 

The short and sweet version:

When you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.

 

2. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2021-2023 Meraki Beauty USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Meraki Beauty and protected by U.S. and international copyright laws. All software used on the Sites is the property of Meraki Beauty or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Meraki Beauty, engaging with the Community or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Meraki Beauty is strictly prohibited.

 

The short and sweet version:

We work hard making the content on our Sites, so we’re protective of what happens to it. Unless you’re placing an order, engaging in Community, or shopping, you need permission from us to use our content elsewhere.

 

3. Trademarks

Meraki.beauty and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Meraki Beauty and may not be used in connection with any product or service that is not offered by Meraki Beauty in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

The short and sweet version:

Like we said in #2, our Site content is ours. Don’t use it in negative or malicious ways, or to advertise products or services we don’t sell.

 

4. Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of Meraki.beauty for more information. Meraki Beauty products displayed on the Sites may be available in select Meraki Beauty retail stores in the U.S. and certain foreign markets. All prices displayed on Meraki.beauty are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Meraki Beauty.

All material and information presented by Meraki Beauty is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Meraki Beauty are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Meraki Beauty it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Meraki Beauty does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Meraki Beauty does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Sites and the Community, including any samples Meraki Beauty may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Meraki Beauty. Meraki Beauty reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Meraki Beauty in its sole discretion.

Except where prohibited by law, Meraki Beauty may limit the number of products available for purchase. At the time, clients may be limited to the purchase of 1 Dyson, 3 Chanel, 3 La Mer, 5 Fenty, and 6 Kiehl’s branded items per sku per transaction.

The short and sweet version:

Our products and samples are for personal use, not for resale. That’s why we have a limit on how much you can purchase of certain products or from certain brands.

We’ve taken great care to make sure that the information you read about our products is accurate, but we’re not doctors—we don’t even play doctors on TV. Nothing on our Sites should be interpreted as medical advice. If you have questions about particular products, their ingredients, or their effects, you should talk to a real doctor or health care provider.

 

5. Color Information

While Meraki Beauty has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

 

6. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Community or otherwise, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites and a member of Community.

 

7. Your Use of Content on the Sites and Limitation of Liability

Meraki Beauty provides the Sites and the Community and all other applications and services on the Sites as a forum only. Meraki Beauty is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by Meraki Beauty. Meraki Beauty cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and Meraki Beauty shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Meraki Beauty be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community. The preceding sentence does not apply to New Jersey residents.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Meraki Beauty reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

 

The short and sweet version:

Take what other users post with a grain of salt; they may have opinions you disagree with, their reviews may be biased, or they may be having a bad day. Interacting with all the content on our Sites is at your own risk. We’re not responsible for services or products offered by others.

 

8. Your Content Submissions

By submitting Content to Meraki Beauty and participating in the Community, you represent and warrant that:

♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites;
♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Meraki Beauty to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
♦ You understand that your Content may be utilized and distributed by Meraki Beauty in its marketing materials, including but not limited to, Meraki.beauty, Meraki Beauty emails, social channels, and store materials;
♦ You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for providing content for posting content on Meraki Beauty’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in such post. All disclosures must be made clearly and conspicuously;
♦ All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto
♦ All Content that you post is accurate;
♦ You are at least 16 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;
♦ and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not elicit or provide medical advice;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is relevant to the product being rated and reviewed or about which a question or answer is submitted;
♦ Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
♦ Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
♦ Does not impersonate any person or entity, including, without limitation, any Meraki Beauty official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Sites or Community to collect or store personal information about other users.

Meraki Beauty does not endorse any Content or any opinion, recommendation or advice expressed therein, and Meraki Beauty disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to Meraki Beauty through the Community, (a) such Content is not confidential or proprietary and Meraki Beauty has no obligation of confidentiality, express or implied, with respect thereto; (b) Meraki Beauty may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Meraki Beauty under any circumstances unless you are otherwise notified by Meraki Beauty in writing.

For any Content that you submit, you grant Meraki Beauty a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers, with third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of the Site.

 

The short and sweet version:

When you post content to our Sites, you’re acknowledging that you are posting content on the internet, in public, for everyone to see, use, copy, and share. Please only post content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t beauty by these rules.

You own your content, even after you post it to our Sites. But by sharing with us you’re granting us a non-exclusive license to it, which means we might use it in places like marketing materials.

We know that some Community posts include ideas or business proposals for Meraki Beauty—we don’t pay for unsolicited suggestions like these. And know that when you post ideas like this in public, they’re not covered by any kind of confidentiality or copyright protection.

 

8a. Instagram Content

By agreeing to allow Meraki Beauty to use the photograph, video, or related content that you originally posted on Instagram (your "IG Content"), the terms below apply:

1. Meraki Beauty will have the worldwide and perpetual right, but not the obligation:

a. To reproduce, exhibit and otherwise use your IG Content in Meraki Beauty’s Community Gallery currently located at https://www.meraki.beauty/community/gallery,
b. To enable users to "shop your look" and purchase products, including, without limitation, by appending to your IG Content images of products (including those that you tag in your IG Content) and links to the e-commerce portions of Meraki Beauty’s sites and apps, including Meraki.beauty, and
c. To make reasonable edits to the IG Content in connection with the foregoing.

1. You represent and warrant that:

a. No person other than you appears or is mentioned in the IG Content;
b. You took the photograph or video or have all the rights to the IG Content;
c. You actually used any products tagged, shown or mentioned in the IG content in conformity with the product instructions;
d. If your IG Content contains a "look" based on use of various products, that "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in the IG Content, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;
e. Any statements or testimonials that are included in your IG Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
f. You have not received any compensation, incentive, or other benefit from Meraki Beauty or any third party in exchange for posting the IG Content, using any product, or mentioning or tagging any products or brand, in your IG Content; and
g. You have the right to grant Meraki Beauty the right to use your IG Content as set forth in these terms and such use by Meraki Beauty will not violate the rights of any third party.