Terms of Use

Overview
Thank you for visiting our ProductWhore website, which includes its related subdomains, pages, services and tools (“Site”), owned and operated by Central Park Media, Inc. “ProductWhore” or “we,” “us,” “our” and similar references, as used herein, refer to Central Park Media, Inc., and its subsidiaries, divisions and affiliates. ProducWhore offers information and reviews of products and services through our website at productwhorestore.com, accessible via web browsers and mobile devices.

1. Use of the Site. BY ACCESSING OR USING THIS WEBSITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. Be sure to read the Terms of Use upon your initial visit to the Site and regularly thereafter as they cover the terms and conditions that apply to your use of the Site and include terms such as limitations of liability, warranty disclaimers, indemnities and other terms which may affect your rights and obligations. If you don’t agree with the Terms of Use, you may not use the Site.

For all Site users, you may use the Site only in accordance with and subject to these Terms of Use and any other generally-applicable terms available on the Site, all of which are made part of these Terms of Use in their entirety and incorporated herein by reference.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of ProductWhore, a Merchant, other Site users or any other third party. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or Web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of ProductWhore; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited e-mail; or (j) use the Site for any purpose other than which it is expressly intended.

2. Disclaimers Regarding Product Advice. The intent of the Site is to share our thoughts and experiences about the marketing, selling, and use of the products described here. Our sole purpose is to present consumer information and advice regarding the purchase of makeup, hair and skin care and the other products we review. The information and recommendations presented strictly reflect our own opinions, perceptions, and knowledge about the subject and products mentioned. Some people may find success with a particular product that is not recommended or even mentioned on the Site, or they may be partial to a skin-care routine that we have reviewed negatively. Everyone has the personal right to judge products by their own criteria and to disagree with the opinions expressed on the Site. Also, because everyone’s body and skin may react to an external stimulus at some time, any product could cause a negative reaction on skin at one time or another. If you develop skin sensitivity to a cosmetic or body care product, stop using it immediately and consult your physician. If you need medical advice about your skin, consult a dermatologist or physician. The Site does not offer medical advice, or attempt to diagnose or treat any skin problem, disease, or skin condition. If you have a medical problem with your skin, please make an appointment to see a dermatologist in your area. All products should be used as directed on the product container or on this website. Discontinue using any product that causes irritation (e.g. redness, itching, burning, scaling, soreness, or other symptoms).

3. No Implied Endorsement. Reference to any products, services or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation of those items or entities by ProductWhore. We do, however, make product recommendations based on our own experiences with the products. Such opinions are provided for information purposes only. We may receive a commission, fee and/or other compensation on your purchases and rentals on third party ecommerce sites to which you have been linked or referred, but we make every effort to remain as objective as possible in sharing with you our experiences with the products. We may receive free product samples from product manufacturers, however, we strive to maintain strict objectivity in our product reviews, regardless of whether we purchased the particular product or it was provided by the manufacturer.

4. Accuracy of Product Information and Other Content. Excluding User Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated description or content; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to content, promotion offers, product descriptions, price information or specifications, or other information without obligation, and to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). The inclusion of any products, services on this Site at a particular time does not guarantee that the products or services will be available from the particular Merchant.

5. Links to and from Third-Party Websites; No Implied Endorsements. This Site may contain links to our Merchants and other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible nor do we have any liability for the accuracy, content, legality, products, services, security or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party. In addition, we may have marketing, linking or other affiliations with other businesses or organizations (“marketing affiliates”), whose websites contain links to this Site. You agree that these marketing, linking or other arrangements shall not be construed as an approval or endorsement by any of our marketing affiliates of any product or service provided on this Site. You also agree that our marketing affiliates do not assume nor bear any responsibility or liability for the accuracy, content, legality, products, services or any other aspect of ProductWhore, the Merchants or this Site.

6. User Postings, Testimonials and Reviews. The Site may provide Users with the ability to send testimonials to us, to post messages and reviews of products on the Site and provide other information, materials or opinions. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, testimonials, reviews, ideas and any other content you post, upload, submit, publish, or display (hereinafter “post”) on or through the Site, or transmit to or share with other Users (collectively, the “User Content”). Any User Content that is posted is public and will not be treated as confidential. ProductWhore has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any User Content for any reason or no reason. If ProductWhore chooses at any time, in its sole discretion, to monitor User Content, it still has no responsibility for the User Content or for the conduct of the User posting the User Content or to edit or remove any User Content, except as required to comply with copyright or other applicable laws. If you are involved in a dispute with one or more Users of ProductWhore, you release ProductWhore and its Merchants (including their officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.

When you post or otherwise make available any User Content for inclusion on any part of the Site, you are hereby granting ProductWhore an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for ProductWhore’s business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For this reason, do not post or otherwise make available to us any User Content that you do not wish to license to us. You represent and warrant that you will not provide any User Content to which you do not have the full right to grant the license specified in this Section. You waive all “moral rights” and similar rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to ProductWhore that ProductWhore is free to exercise its rights to and/or implement your User Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.

All User Content is the responsibility of the User, not ProductWhore. In addition to the restrictions set forth in these Terms of Use, you agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive, or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of ProductWhore; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site (each, an “Invite”) to people who do not know you or who are unlikely to recognize you as a known contact. We may from time to time use the information you provide for Invites to send reminders to such invitees to accept the Invite to become a ProductWhore User.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY USER CONTENT TO PRODUCTWHORE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY USER CONTENT TO OR THROUGH PRODUCTWHORE, YOU REPRESENT AND WARRANT THAT ALL YOUR USER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO USER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USER CONTENT. YOU REPRESENT AND WARRANT TO PRODUCTWHORE THAT PRODUCTWHORE IS FREE TO USE THE USER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PRODUCTWHORE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU, AS DESCRIBED IN THESE TERMS OF USE.

7. Proprietary Rights. Excluding User Content, you acknowledge and agree that the content, software, technology, materials, images and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of ProductWhore and/or its Merchants, suppliers or licensors and are protected by copyright, trademark, service mark, and/or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or material on the Site, provided, however, that you may download, post, print and store limited, unaltered portions of the foregoing solely for your personal use in connection with using the Site for its intended purposes. Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by ProductWhore. All trademarks not owned by ProductWhore that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. We are not liable for any infringement of any copyrights, trademarks, patent, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our Merchants or suppliers.

8. Indemnification. By using this Site, you agree to indemnify, hold harmless, and defend ProductWhore and its Merchants and their respective officers, directors, employees, successors, agents, partners, contractors, vendors, manufacturers, distributors and representatives(collectively, the “ProductWhore Indemnities”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) a dispute with a User; (iii) your breach of the Terms of Use; (iv) your violation of any law or the rights of a third party; and (v) your User Content. You agree to cooperate as fully as reasonably required in the defense of any claim. ProductWhore reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the ProductWhore Indemnities.

9. Disclaimers. ProductWhore is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any product or service sold or offered through the Site, any User Content, or any act or omission by Users of the Site, ProductWhore or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content provided by a Merchant does not necessarily reflect the opinions or policies of ProductWhore. ProductWhore assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any User Content or other User communications on the Site. ProductWhore is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to User’s or other person’s computer related to or resulting from participation on or through the Site. ProductWhore is not responsible for the activities of third-party unauthorized users, hackers or other individuals who gain unauthorized access to the ProductWhore site and information therein. THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, SERVICES AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PRODUCTWHORE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability. IN NO EVENT SHALL PRODUCTWHORE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY PRODUCTWHORE OR ANY MERCHANT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PRODUCTWHORE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PRODUCTWHORE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO PRODUCTWHORE IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR MERCHANT GIVING RISE TO SUCH LIABILITY. YOUR SOLE REMEDY AGAINST PRODUCTWHORE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be imposed to the fullest extent permitted by applicable law.

11. Unavailability of Site; Termination; Fraud. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice, liability or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use and/or the site are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

12. Copyright Infringement; Notice and Take Down Procedures. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may provide written notice of such and request that they be removed. To be effective, this notice and request must contain certain elements specified by the DMCA, which include bearing a signature (or electronic equivalent) of the copyright holder or an authorized representative, and (a) identifying the allegedly infringing materials; (b) indicating where on the Site the infringing materials are located; (c) providing your name and contact information; (d) stating that you have a good faith belief that the materials are infringing; (e) stating that the information in your claim is accurate; and (f) indicating that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. The above is just a summary of the notice and counter-notice requirements and notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our designated agent for copyright issues relating to this Site (including the notices and counter-notices) is editor@productwhorestore.com. Please note that there are penalties for false claims under the DMCA.

13. Choice of Law and Forum. These Terms of Use and any dispute of any sort that might arise between you and ProductWhore shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in Los Angeles, California; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings in any court against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non-
conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against ProductWhore or its officers, directors, employees, agents, or successors under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

14. Severability of Provisions. These Terms of Use incorporate by reference all notices and disclaimers contained on the Site and constitute the entire agreement between you and us with respect to access to and use of the Site. If any provision of these Terms of Use is found unlawful, void or unenforceable, such provision shall be deemed to be revised to a valid and enforceable provision that most closely approximates the original intent of the parties (or, if such revision is not permissible, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability), and the remaining provisions of these Terms of Use shall not be affected, and shall remain in full force and effect.

15. Modifications to Terms of Use; Additional Features. We reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Site after any such changes constitutes your consent to such changes. In addition, from time to time, we may offer you new or additional features; additional terms may apply to these features and such additional terms will be deemed part of these Terms of Use (and if they conflict with other terms of these Terms of Use, they shall control with respect to such new or additional features). Subscribing to or using such new or additional features constitutes your consent to such additional terms.

16. California Consumers. Pursuant to California Civil Code § 1789.3, California users of the ProductWhore website are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, by telephone at (916) 445-1254 or (800) 952-5210 or facsimile at (916) 574-8676.

17. Miscellaneous. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Product Whore with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Product Whore with respect to the Site. The failure of Product Whore to act with respect to a breach by you or others does not waive Product Whore’s right to act with respect to subsequent or similar breaches. Product Whore’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Product Whore without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

OUR ADDRESS:
Central Park Media, Inc.
12121 Wilshire Blvd., Suite 1201
Los Angeles, CA 90025

Last Updated: October 21, 2013 © 2013 Central Park Media, Inc. All rights reserved.