TERMS OF USE
MARY KAY INC. WEBSITE TERMS OF USE AND LEGAL RESTRICTIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

RESTRICTIONS ON USE OF MATERIALS

The copyright in all material provided on this Site (“Site”) is held by Mary Kay Inc. (“Mary Kay”). Except as stated herein, no material from the Site or any website owned, operated, licensed or controlled by Mary Kay, may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws and other laws.

The Consultant Locator is intended for use only by individuals seeking to purchase Mary Kay® products from an Independent Beauty Consultant and/or acquire information about becoming an Independent Beauty Consultant. ALL OTHER USES ARE EXPRESSLY PROHIBITED including without limitation the use of the Consultant Locator for collection of Independent Beauty Consultant contact information by third parties for solicitation or for any other purpose.

APPLICABLE LAWS

This Site is controlled and operated by Mary Kay from its offices in Dallas, Texas. Mary Kay makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site are governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws.

TRADEMARKS

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Mary Kay, unless otherwise noted. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site.

LINKING

Links to third-party websites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use these links, you will leave this Site. Mary Kay has not reviewed all third-party sites and does not control and is not responsible for any of these sites or their content. Mary Kay does not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them. If you access any third-party sites linked to this Site, you do so at your own risk. Please submit via fax your request to link to this Site at (972) 687-1611. If you would like to link to this Site, the following guidelines apply: A site that links to the Site:

• Should not imply, either directly or indirectly, that Mary Kay is endorsing its products;
• Should not use any Trademarks (i.e., the Mary Kay® logo);
• Should not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
• Should not disparage Mary Kay or its products in any way or otherwise negatively effect or harm the reputation and goodwill of Mary Kay;
• Should not present false or misleading information about Mary Kay or the Mary Kay career opportunity;
• Should not misrepresent any relationship with Mary Kay;
• Should not replicate in any manner any content in the Site; and
• Should not create a browser or border environment around Site material.
  
  

USER TRANSMISSIONS

Any material, information, idea or other communication you transmit to or post on this Site by any means will be treated as nonconfidential and nonproprietary, and may be disseminated or used by Mary Kay and/or its designees for any purpose whatsoever including, but not limited to, developing and manufacturing products (“Communications”). Mary Kay will have no obligations with respect to the Communications. Mary Kay and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.

DMCA Copyright Policy

Mary Kay has adopted the following policy toward copyright infringement on these Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). 

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Mary Kay’s Designated Agent, identified below, in writing with the information listed below. Please note that this procedure is exclusively for notifying Mary Kay that your copyrighted material has been infringed. Mary Kay does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Mary Kay will respond by either taking down the allegedly infringing content or blocking access to it. Mary Kay may contact the notice provider to request additional information.  Under the DMCA, Mary Kay is required to take reasonable steps to notify the user who posted the allegedly infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Mary Kay a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications made via these Services. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).  Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

Reporting Instances of Copyright Infringement:

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

If you believe that Content residing or accessible on or through these Services infringes a copyright, please send a DMCA notice of copyright infringement containing the following information to the Designated Agent at the address below.  The DMCA notice must:

1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on these Services. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3.  Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:
   DMCA Designated Agent
   Mary Kay Inc.
   Attn: Legal Department – IP Department
   16251 Dallas Parkway
   Addison, TX 75001 U.S.A.
   Fax:  1 (972) 687-1604
   Email: laurie.fodge@mkcorp.com

REVISIONS AND MODIFICATIONS OF TERMS OF USE

Mary Kay may revise these Terms of Use at any time. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Certain Terms of Use may be modified and superceded by expressly designated legal notices or terms located on particular pages on this Site.