Terms & Conditions
Terms and Conditions
1. Terms and Conditions of Use
You warrant and attest that you are of the age of majority. By using the Site, you are confirming that you meet the minimum age requirement and are fully able and competent to enter into and be bound by this Agreement.
By using the Site and/or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. This Site is controlled and administered in Malaysia and intended for Malaysia users. We make no representations that the Site is appropriate or available for use in other locations and those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with any applicable local laws.
4. Registration, User ID and Security
5. Use of the Site/Service
You may not copy or distribute any portion of the Site and/or Services for any purpose not authorized immediately above without BFFsays.com's express written permission.
6. Rules for Content Posted By You on the Site
The following rules apply to your submission of Content to be posted on the Site:
· You are solely responsible for your ratings and reviews of beauty products listed on the Site and for any other content that you submit, publish or display on the Site or transmit to other members and/or other Site users (the "Posted Content").
· You agree that you will only provide Posted Content that you believe to be true.
· You may not post any content that: (i) is libelous, defamatory, knowingly false or intentionally misleading; (ii) violates the privacy, publicity, moral or any other right of any third party; or (iii) violates any obligation of confidentiality.
· You may not post or distribute content on or via the Site that: (i) is patently offensive to users of the Site, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is threatening, abusive, obscene or insulting to other Site users or any other person; or (iii) harasses or advocates harassment of another person.
· You may not post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts.
· You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property rights of any party.
· You may not post any content that falsely states or implies that such content is sponsored or endorsed by BFFsays.com.
· You may not provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity.
· You may not use the Site to post or disseminate any advertisements or any other information, software or other material for commercial purposes.
· You may not use the Site to solicit anyone to buy or sell products or services, to make donations of any kind, or link to third party web sites undertaking either of such activities without our express written approval.
· You may not use the Site to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any make-money-fast schemes, chain letters, or pyramid (ponzi) schemes.
· You may not gather for marketing purposes any e-mail addresses, user names, passwords or other personal information that has been posted by other users of the Site.
BFFsays.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, removing the offending Posted Content or other Content from the Services and terminating the membership of violators or blocking one's use of the Services and/or the Site. You understand and agree that we have no obligation to monitor any bulletin boards, weblogs or other areas of the Site through which users can supply product reviews, comments, information or other material. We also reserve the right at all times to refuse to post or to remove any content, in whole or in part, that in our sole discretion is objectionable and/or disclose any information we believe necessary to satisfy any law, regulation or governmental request.
BFFsays.com does not control the Content posted by third parties via the Services, including the contents of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to third-party Content that is offensive, indecent or objectionable. Under no circumstances will BFFsays.com be liable in any way whatsoever for any third-party Content, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any third-party Content or the products which are the subject of such Content. You agree that you must evaluate and bear all risks associated with the use of any third-party Content, including any reliance on the integrity and accuracy of such Content.
You acknowledge that other users may submit content that may be derogatory of your Posted Content, and BFFsays.com is under no obligation to monitor or delete any such derogatory Posted Content. If there should arise a dispute between you and another user of the Site, BFFsays.com is under no obligation to become involved but reserves the right to monitor any such disputes at its sole discretion.
- General Restrictions on Rights to Use the Site and Services
You agree that you shall not (and you agree not to allow any third party on your behalf to):
1. modify, adapt, translate or reverse engineer any portion of the Site and/or Services;
2. frame or inline link any of the Content of the Site, or incorporate into another web site or other service any of our Content or intellectual property, without our prior written permission; however, you may establish a hypertext link to your web site so long as the link does not state or imply any sponsorship of your site by BFFsays.com or the Site;
3. remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Services or in or on any Content or other material obtained via the Site and/or Services;
4. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Services;
5. access, retrieve or index any portion of the Site and/or Services for purposes of constructing or populating a searchable database of beauty and/or health products;
6. collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other users or members;
7. create user accounts by automated means or under false or fraudulent pretenses;
8. create or transmit unwanted electronic communications such as "spam" to other users or members of the Site and/or Services or otherwise interfere with other users' or members' enjoyment of the Site and/or Services;
9. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
10. use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that are deemed threatening or obscene;
12. use any device, software or routine that interferes with the proper working of the Site and/or Services, or otherwise attempt to interfere with the proper working of the Site and/or Services;
13. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure;
14. use the Site and/ or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
15. collect or store personal data about other Site users in connection with undertaking any activities prohibited under this Section 7.
- Intellectual Property Rights
BFFsays.com's Limited License to You
Your License to BFFsays.com
By posting content on the Site or submitting to us any content via the Site, you are representing that you are the owner of the content, or that you have the owner's express consent to your posting or submission of that content. In addition, when you submit or post any content, you are granting BFFsays.com, and anyone authorized by BFFsays.com, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such Posted Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such Posted Content (in whole or in part), as modified by BFFsays.com in its sole discretion. This license is non-exclusive, except that you agree that BFFsays.com shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that BFFsays.com and its partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.
The foregoing grant shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any compensation for your Posted Content.
9. Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by Malaysia Mail to:
Muffin Marketing Enterprise
D1-3A-7, Block D1
Jalan Dutamas 1,
50480, Kuala Lumpur.
Attn: Copyright Agent
or by e-mail to:
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your name, address, telephone number, and, if available, e-mail address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Upon receipt of the abovementioned specified information, we will use reasonable endeavours to also notify the user concerned of the alleged infringement and provide the user with a copy of your notification. We will take such appropriate measures as we think fit including but not limited to contacting you for more information to verify any alleged infringement, removing such allegedly infringing Posted Content and/or Content and/or suspending or terminating the access to the Site by any user allegedly infringing any rights.
If you believe that your Posted Content or any part thereof that was removed (or to which access was disabled) is not infringing, or that you have the requisite authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to submit, upload, post, transmit or otherwise use or make available the content in your Posted Content, you may submit a counter-notification providing us with the following information in writing:
(1) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(2) identification of the owner, or the person authorised to act on behalf of the owner, of the content concerned;
(3) your name, address, telephone and facsimile number, and e-mail address;
(4) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(5) a statement that you submit to the jurisdiction of the courts of Malaysia, and that you will accept service of process from the party who provided notification of the alleged infringement.
If we receive a counter-notification, we will use reasonable endeavours to provide the original complaining party a copy of the counter-notification and to send a notice informing that party that the removed content may be replaced, or access to it restored, unless the copyright owner files an action seeking a court order against the content provider, member or user within 10 working days after the date of such notice.
THE INFORMATION, PRODUCTS AND SERVICES DISPLAYED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES TO WHICH WE LINK ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICES OR CONTENT DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WE DO NOT WARRANT THAT OUR CONTENT OR ANY POSTED CONTENT, WHETHER DURING TRANSMISSION VIA THE INTERNET OR WHILE STORED ON OUR SERVERS, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS.
Links to Third Parties
Throughout the Site, we have provided links and pointers to web sites and weblogs maintained by third parties. Our linking to such third-party sites does not imply an endorsement, guarantee, approval or sponsorship of such sites, or the information, products or services offered on or through such sites. Nor do we warrant that these sites will not contain viruses or otherwise impact your computer. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web sites linked to by us on the Site. Users should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
This Site may include a variety of features, such as bulletin boards, web logs, e-mail services, and photo and video uploads, which allow real-time interaction between Site users and provide feedback to us. Responsibility for Posted Content on bulletin boards, weblogs, product pages, and other public posting areas on the Site, or sent via any e-mail services to other Site users, lies with each user posting such content. You alone are responsible for your Posted Content, or for the Posted Content you allow a third party to post or send on your behalf. We do not control the messages, information or files that you or others may provide through the Site and are under no obligation to modify or remove any inappropriate Posted Content and are not responsible for the user submitting such content.
Free Product samples/Sample Redemption
THE FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL SAMPLE PRODUCT WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, ARE DISCLAIMED BY BFFsays.com, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
By receiving any products through such sample and freebie offers, you agree to release and hold harmless BFFsays.com and its subsidiaries and affiliates, and each of their respective parent companies and each such company's officers, directors, shareholders, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in any product samples and freebie offers or receipt or use or misuse of any such product.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BFFSAYS.COM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION AND DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS CONTENT, PRODUCTS, OR SERVICES, OR THIRD-PARTY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR THAT RESULT FROM ANY GOODS, SERVICES, VOUCHERS OR CONTENT PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATES' LAWS.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, ANY CONTENT, PRODUCTS OR SERVICES ON THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
You agree to indemnify and hold BFFsays.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of
(i) your access to the Site,
(ii) your use of the Services,
(iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity;
(v) any content you post on this Site; and
(vi) any products or services purchased by you in connection with this Site and/or the web sites of our Brand Partners, ecommerce partners, vendors and/or service providers.
15. FTC Required Disclosure
BFFsays.com endeavors at all times to provide unbiased product reviews and editorials. However, we want you to know that BFFsays.com receives free products from companies or their agents which we sometimes review or discuss in BFFsays.com editorials, and that BFFsays.com sometimes displays advertising or undertakes promotional programs for those products or the companies making those products (or other of their products), for which BFFsays.com is compensated.
16. Contact and Violations
Welcome to BFFsays.com ("BFFsays.com," "we," "us" or "our").
BFFsays.com provides a fast, beautiful and fun way for you to share reviews and photos through our content-sharing platform.
Our Policy applies to all visitors, users, and others who access the Service ("Users").
INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
Your username, name, password and e-mail address when you register for a BFFsays.com account.
Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be "found" on BFFsays.com.
User Content (e.g., photos, comments, and other materials) that you post to the Service.
Communications between you and BFFsays.com. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices).
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Cookies and similar technologies:
Log file information:
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by BFFsays.com.
A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
HOW WE USE YOUR INFORMATION
- help you efficiently access your information after you sign in
- remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
- provide personalized content and information to you and others, which could include online ads or other forms of marketing
- provide, improve, test, and monitor the effectiveness of our Service
- develop and test new products and features
- monitor metrics such as total number of visitors, traffic, and demographic patterns
- diagnose or fix technology problems
- automatically update the BFFsays.com application on your device BFFsays.com or other Users may run contests, special offers or other events or activities ("Events") on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.
Parties with whom we may share your information:
We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that BFFsays.com is part of, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content:
Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.
If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the BFFsays.com API have copied or saved that information.
Responding to legal requests and preventing harm:
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the Malaysia where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
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