Terms & Conditions
Please review the other policy statements that appear throughout our Sites including for Tarte's loyalty program so you understand specific terms relating to functionality, ordering information, promotions, contests and our use of photos and videos you may provide to us. References to Terms and Conditions include these other policy statements.
mobile program terms & conditions
You must be 18 or older to participate in Tarte's Mobile Program. Message and data rates apply. You may receive up to 4 messages per month. The following carriers are currently supported by Tarte's Mobile Program: ACS Alaska, AT&T, Alltel, Appalachian Wireless, Bluegrass Cellular, Boost (Sprint), Cellcom, Cellular One, C Spire (formerly Cellular South), Cincinnati Bell, Cricket, Cross, Eastern Kentucky Network, Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix Wireless, Inland Cellular, iWireless, MetroPCS, Mobi PCS, Mosaic, Nex-Tech Communications, nTelos, Panhandle, Pioneer Cellular, Plateau Wireless, Revol Wireless, Simmetry Wireless, Sprint/Nextel, Syringa Wireless, T-Mobile, Thumb Cellular, U.S. Cellular, Union Wireless, United Wireless, Verizon Wireless, Virgin Mobile, West Central Wireless. Additional carriers may be added as they become supported.
To join Tarte's mobile program, text TARTE to 95577. You may text HELP to 9557 at any time if you require assistance with the Mobile Program. Alternatively, you may email us at email@example.com or call 1-855-968-2783. When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.
To cancel your participation in the Mobile Program, text STOP TARTE to 95577 at any time. Alternatively, you may send an email with your mobile number and the subject "STOP" to: firstname.lastname@example.org or call 1-855-968-2783 to be removed from any future alerts or offers. Your participation in the program will then cease and we will endeavor to send you no further messages.
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech. You acknowledge that Tarte may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Terms. By opting in to the Mobile Program from a mobile telephone number, you are representing to Tarte that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from Tarte. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to Tarte in order to stop future messages from being sent to that number.
Tarte is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent.
Tarte reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.
purchase related policies; use of the Sites
The products available on the Sites, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. Customers may not purchase more than 6 units of a single item in one transaction and/or within a 24 hours window. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
You may not use any robot, spider, other automatic device or manual process to monitor or copy the Sites or any content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of the Sites. By participating in the Sites, you agree that you will not provide to Tarte or the Sites any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for Tarte.
accuracy of information; cosmetic sales only
We attempt to be as accurate as possible when describing our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Sites are accurate, complete, reliable, current, or error-free. From time to time there may be information on the Sites that is in error, including with respect to descriptions, pricing and availability. Tarte reserves the right to correct those errors and to change or update information at any time without prior notice (including after you have submitted your order).
Our product descriptions and content are for educational and informational purposes only. We manufacture and sell cosmetics, so none of the statements on the Sites have been evaluated by the U.S. Food and Drug Administration or any other country's drug regulatory authorities and the results reported, if any, may not necessarily occur in all individuals. We are not offering products to diagnose, treat, cure or prevent any condition or disease. The Sites are not a substitute for medical advice from your own health care practitioner. Please test all products before use.
All content available on the website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the Content) is the property of Tarte, Inc. or its licensors, and is protected by United States, Canadian and international copyright laws and treaties.
The trademarks, logos, and service marks displayed on the website owned by Tarte (collectively, the Trademarks) are the registered and unregistered marks of Tarte, Inc., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States, Canadian and international trademark laws and treaties. Third party trademarks displayed on the Sites are the property of the respective third party and utilized by Tarte pursuant to a license.
Except as required under applicable law, neither the Content nor Trademarks nor any portion of the Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our New York office via email
your obligations and responsibilities
comments, reviews and submissions
The Sites provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, reviews of our products photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site, and on Third Party Sites (a Post or Posts). You must be a registered user to submit a Post. Please stay and topic and use the Posts to provide meaningful and respectful information for others. Repeating the same Post in multiple places is not permitted and links to obscene or offensive sites is also strictly prohibited.
Posts do not reflect the views of Tarte; and Tarte does not have any obligation to monitor, edit, or review any Post on the Sites. Tarte assumes NO responsibility or liability arising from the content of any Posts nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Posts on the Sites. You are strictly prohibited from making any Posts that are unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Tarte will fully cooperate with any law enforcement authorities or court order requesting or directing Tarte to disclose the identity of anyone posting any such information or materials.
Tarte may moderate any Posts and has the right (but not the obligation) to remove a Post that, in Tarte's reasonable judgment, violates these Terms and Conditions. Tarte may also terminate a registered user's account or right to make Posts. Tarte reserves the right to remove a Post if it contains any of the following content: Commercial solicitations or advertising for other products, offers or websites; any content or materials you do not own or which you have not secured the necessary rights; contact information of any kind including email addresses, URLs, phone numbers, and physical addresses; critical comments about other people or their Posts and discussions of medical conditions or claims of medical effectiveness.
If you have questions, comments or feedback about customer service issues (delivery, pricing, etc.), please contact our New York office via email email@example.com. Those types of concerns are not appropriate for a Post.
It is strictly prohibited to link other sites with this website without Tarte's prior written permission. Tarte has no responsibility and assumes no liability for the unaffiliated sites to which it is linked, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Sites or posted to the Sites by anyone other than Tarte. We may permit some links for convenience (such as to Third Party Sites where we make content available), but it is not an endorsement by Tarte of the referenced content, product, service, supplier or Third Party Site. Please note that the rules and privacy policies of linked sites (including Third Party Sites) may differ from those of Tarte and should be reviewed by you when you use the link to access the other site.
Tarte may use the APIs of various third party websites, including the Third Party Sites. Our Sites are not verified by the Third Party Sites.
loyalty programs changes & terms
Effective September 6, 2017, tarte is changing the terms & conditions of the tarte tokens loyalty program in order to improve the program. Changes included but not limited to:
- Simplification of Points. We’ve made it easier to keep track of your points. Under the new program, you will now earn 100 points for purchasing full-price foundation products, 100 points for purchasing full-size palette products, 25 points for each sale item you purchase, and 50 points for all other items.
- Membership Levels. We are automatically converting your old membership to the new program based on your current point balance and activity level.
|Legacy Pretty Points Token Level||New Tier Status||Points Balance on New Program|
|0-2,000 Tokens||Secret Admirer||Transferred Redeemable Points Balance*|
|2,000-4,999 Tokens||Sweet Tarte||Transferred Redeemable Points Balance*|
|5,000 Tokens and up||Soulmates||Transferred Redeemable Points Balance*|
*redeemable points balance is the remaining value of points from your lifetime balance less the number of 500 point rewards you received over your loyalty program history.
No action is necessary for you to consent to becoming a member of the new program; simply do nothing and your membership will automatically convert. This will mean that you expressly consent to the following:
- The transfer of your account information (including any personal information in the account)
- tarte may contact you through the e-mail identified in your account with information about your account and with certain promotions that we think may be of interest to you. You may unsubscribe from marketing emails at any time (although you will still receive transactional emails related to your account). To unsubscribe from marketing emails, click here or send a written unsubscribe request to firstname.lastname@example.org.
If you do not want to participate in the new program, you can elect to opt-out by e-mailing email@example.com. If you elect to opt-out, your points will no longer accrue and will become invalid.
We sincerely hope that you will find the upcoming changes beneficial.
* Must be enrolled in the tarte loyalty program in order to earn and receive points. Points will be deposited into your account after your order has shipped – not at the time of purchase. Rewards only available for purchases or activities made via www.tarte.com or receipt upload activities from the participating retailers (Sephora stores, Sephora.com, ULTA stores, ULTA.com, and Macy’s).
You will receive 100 points for purchasing full-price foundation products, 100 points for purchasing full-size palette products, 25 points for each sale item you purchase, and 50 points for all other items on tarte.com.
When products are returned for a refund to the original payment method, points will be deducted from your account for the amount of return net of taxes, shipping and handling when the product(s) is/are received and return is processed at the tarte warehouse (note: your account may have a negative balance if the dollar amount returned is greater than your current redeemable point balance).
Social Media Qualified Activities: If you wish to earn points through the various social media Qualified Activities listed on the Rewards page, such as retweeting a tweet posted by tarte, sharing or reposting any eligible social media posts by tarte, you must also be sure to include the aligible hashtag (#rethinknatural or #tartecosmetics) as part of your retweet, post, or repost. Any retweets, reposts, posts and regrams that do not include the eligible hashtag will not be eligible to earn points. Note also that your tarte account must be connected to your applicable social media accounts in order to earn points. As with other Qualified Activities, there may be limitations placed on how often and/or how many total points you can earn by completing any Social Media Qualified Activity, and any such limitations will be stated within the Tarte Rewards terms & conditions. Your behavior and content produced while participating in any of these Qualified Activities may not be deemed in violation of any of the applicable social media platforms' terms and conditions. In the event tarte determines, in its sole discretion, that you are abusing these Social Media Qualified Activities, your account may be terminated and any points earned for these Qualified Activities will be forfeited.
You agree not to abuse the tarte Rewards page and any social media platforms connected to the Program by conduct which is detrimental to the interests of tarte, including without limitation, attempting to accrue points or redeem points in a manner inconsistent with these Rewards Terms or the intent of these terms, attempting to earn points through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools.
Tarte reserves the right to add, modify and/or delete any Qualified Activity, the points you can earn in connection with completing any Qualified Activity and/or any limitation placed on total points you can earn in connection with any Qualified Activity. For a complete list of Qualified Activities and the corresponding number of points you can earn for each Qualified Activity, please see outlined earning qualifications below.
You can go online and view your point balance at any time by logging into your tarte.com account and visiting the Tarte ❤ Rewards page. Points cannot be transferred or redeemed for cash.
MEMBER LEVELS/POINT LIFE CYCLE: There are three (3) levels within the Program which are determined by the number of points that you accumulate within the January through December calendar year (via spend and non-spend qualifying activities) in your account. By creating an account, you will be automatically enrolled in the Program at the “secret admirer” Member Level. Earn at least 2,000 points in order to automatically proceed to the “sweet tarte” Member Level. If you earn at least 5,000 points you will then automatically qualify for the “soulmate” Member Level.
Once you reach a specific Member Level within the Program, you may receive exclusive benefits that are only available to members at that Member Level. The points accrued within the January through December calendar year will determine the measure of your Member Level within the Program for the following calendar year. Once points accumulated meet or exceed the membership level point requirements, you will automatically qualify and be entered into that membership level regardless of your "redeemable points balance."
Points are divided into two life cycles: "Redeemable Points" and "Lifetime Points." Your Redeemable Points are the number of points you have available to redeem rewards. This number decreases with each reward you redeem, and will increase with the completion of Qualified Activities. Your Redeemable Points will also decrease should you issue a return on any given purchase. Your Lifetime points are the number of points that you have earned since you became a member of the Program.
ACCOUNT CANCELLATION/POINT EXPIRATION: Once you register for the Program, if you do not make a purchase on the Website (tarte.com) or complete one of the following qualifying activities while logged into your tarte.com account within thirteen (13) months of your last purchase or last qualifying activity, tarte shall expire your accrued but unused Redeemable points on or after the last day of your last activity. Tarte may, at its discretion, send you periodic notifications to remind you that your Redeemable points will expire upon the 13th month of inactivity. However, it is your responsibility to monitor your Program account and point balance status. Please note that making a purchase by redeeming a reward coupon code for free product does not qualify as a "purchase" for the purpose of this determination. (Please note that even if your Redeemable points expire, your Lifetime points will remain in your Program account and you will remain at your current Member Level for the remainder of the calendar year.)
HOW TO REDEEM POINTS: To redeem your points for a reward item, visit the Rewards page and follow the directions provided. Each reward item has its own specific point value as set forth on the Rewards page.
REWARDS: Please visit the Rewards page for a current list of reward items. Once you redeem your points for a reward, your transaction cannot be reversed or refunded. Reward redemptions are final. Reward items will be provided on a first-come, first-serve basis and may be subject to availability, so once a reward item has been depleted such reward item may no longer be available. Additional terms and conditions may apply to Rewards and will be set forth on the Rewards page.
All reward item details are at the sole discretion of tarte. You cannot transfer, substitute or redeem rewards for cash. Tarte reserves the right to substitute a reward item of comparable or greater value, at its sole discretion. You are responsible for all federal, state and local taxes as well as any other costs or expenses associated with a reward item not specified herein or on the Website as being provided. Rewards are considered taxable income and are subject to local, state and federal taxes.
Reward items will be mailed to the mailing address provided at checkout or the email address provided in your Program account, as applicable. Please note that you may be charged shipping and handling fees as noted on the Website (during checkout) for any reward items mailed to you, unless a shipping promotion applies (if any). You are responsible for updating your registration information. Rewards that can be delivered electronically will be delivered within approximately 48 hours from the date the redemption is fully processed. The Rewards Released Parties (as defined below) shall not be liable for any damages, losses or delays in connection with any shipments.
Reward coupon codes will be reflected in your Program account on the Rewards page. If a reward coupon code expires, the expiration date will be clearly disclosed and reward coupon code must be used by such expiration date or it will be void. Please follow the instructions provided along with the reward coupon code for your specific redemption instructions. Reward coupon codes will generally automatically be issued within 24 hours after your rewards redemption. Multiple reward coupon codes cannot be combined in a single order. Reward coupon codes are not redeemable towards purchases of gift cards. The reward coupon code will be applied to the qualifying purchase subtotal, after all discounts have been applied but before applicable taxes, shipping and handling charges.
Reward coupon codes may only be redeemed by the Program member to whom the reward coupon code was issued. Reward coupon codes are not redeemable for cash. Reward coupon codes cannot be applied to previous purchases. Reward coupon codes may not be combined with any other discounts, promotions or offers, except for any shipping promotions available on the Website (if any).
The surprise birthday gift, anniversary gift and tier welcome gift (for eligible membership levels) may not be returned or exchanged and may not be redeemed for cash.
You will receive the indicated point amounts for completing the following activities. There may be limitations placed on how often and/or how many total points you can earn by completing any qualified activity, and any such limitations are stated below. Points will be reflected in your redeemable point balance within the awardment timing indicated.
|Activity||Points Per Action||Cap||Cap Time Period||Awardment Timing|
|User Registration||100||1||per lifetime||Real Time|
|Complete Personal Profile - Address & Zip Code||10||1||per lifetime||Real Time|
|Complete Personal Profile - Date of Birth||10||1||per lifetime||Real Time|
|Complete Personal Profile - Gender||10||1||per lifetime||Real Time|
|Complete Personal Profile - Mobile Number||10||1||per lifetime||Real Time|
|Complete Your Beauty Profile||50||1||per lifetime||Real Time|
|Instagram Connect||0||1||per lifetime||Real Time|
|Twitter Connect||25||1||per lifetime||Real Time|
|Facebook Connect||0||1||per lifetime||Real Time|
|Follow On Pinterest||25||1||per lifetime||Real Time|
|Follow On Snapchat||25||1||per lifetime||Real Time|
|Use Instagram Hashtag||0||1||per lifetime||Real Time|
|Use Twitter Hashtag||10||1||per week||Real Time|
|Retweet Twitter Post||10||1||per week||Real Time|
|Repin Tarte on Pinterest||0||1||per week||Real Time|
|Browse tarte.com||10||1||per week||Real Time|
|Open / Read An Email||5||1||per week||Delayed up to 24 hours|
|Click Email Link||10||1||per week||Delayed up to 24 hours|
|Leave a Product Review||20||2||per month||Delayed up to 24 hours|
|Weekly Site-Login||5||1||per week||Real Time|
|Complete Tarte <3 Rewards Survey||10||1||per survey||Real Time|
|Invite / Refer A Friend||10||5||per month||Delayed up to 24 hours|
|Referred Friend Signs Up||100||2||per month||Delayed up to 24 hours|
|Tarte.com Purchase MINI PALETTE||50||No Cap||No Cap||Upon Fulfillment (when order is shipped)|
|Tarte.com Purchase NOT PALETTE||50||No Cap||No Cap||Upon Fulfillment (when order is shipped)|
|Tarte.com Purchase PALETTE, FOUNDATION||100||No Cap||No Cap||Upon Fulfillment (when order is shipped)|
|Tarte.com SALE Purchase||25||No Cap||No Cap||Upon Fulfillment (when order is shipped)|
|Receipt Upload Purchase NOT FULL-SIZE PALETTE OR FOUNDATION||50||No Cap||No Cap||Delayed up to 7 days|
|Receipt Upload Purchase FULL SIZE PALETTE, FOUNDATION||100||No Cap||No Cap||Delayed up to 7 days|
|OrderGroove: Subscribed to Tartelette Delivery for 3 consecutive orders||100||1||per lifetime||Upon Fulfillment (when order is shipped)|
|OrderGroove: Subscribed for Auto-Replenishment (Tartelette Delivery)||50||1||per lifetime||Upon Fulfillment (when order is shipped)|
|OrderGroove: Bonus points for each Tartelette Delivery fulfilled||10||No Cap||No Cap||Upon Fulfillment (when order is shipped)|
|Code Redemptions (Point Bonus Campaigns)||50||10||per year||Real Time|
|First Purchase Bonus||50||1||per lifetime||Upon Fulfillment (when order is shipped)|
|First Receipt Upload Bonus||50||1||per lifetime||Delayed up to 7 days|
For qualifying members, Deluxe samples and standard samples offered may differ from those depicted on the tarte webpage and are subject to change at any time.
During the month of your birthday, qualifying tier 2 members will accrue 2x points earned in tarte.com purchases and qualifying tier 3 members will receive 3x points earned on tarte.com purchases. The bonus points earned during your birthday month will be awarded and reflected in your points balance at the close of the birthday month.
Tarte points and the rewards redeemed are not valid for cash or credits. In jurisdictions that require a cash value, tarte points are worth $0.000001 per point. The tarte points program is subject to change at any time without notice. Please contact customer service at firstname.lastname@example.org with any additional questions. Tarte has the right to cancel any orders due to unauthorized use.
Tarte uses a third party service provider, OrderGroove to manage our subscription program. OrderGroove is required to abide by our terms & conditions. Your subscription will continue month-to-month and automatically renew unless you cancel or we terminate it. You must cancel your membership before it renews each month in order to avoid being charged for the next month’s fees. Any terms that are materially different from those in this section will be disclosed at the time you sign up. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you. Membership fees are fully earned upon payment. You may cancel your subscription at any time.
electronic gift cards
eGift Cards (which may also be referred to as electronic gift cards, electronic gift certificates or eGift certificates) can be redeemed only online at the Sites. Recipients of eGift Cards must have e-mail and access to the Internet in order to receive and redeem their online eGift Card.
Promotional offers and discounts cannot be applied to the purchase of eGift Cards. The value of eGift Card purchases are not used to determine promotional thresholds. Free gifts, specials, deluxe samples are not valid when purchasing an eGift Card.
The use of eGift Cards is subject to these Terms and Conditions and applicable law. eGift Cards may only be used to purchase merchandise on the Sites and cannot be used to purchase other eGift Cards. Tarte will not honor eGift Cards sold by any other vendor or person other than Tarte. eGift Cards cannot be used at other retailers to purchase Tarte products.
When you purchase an online eGift Card from the Sites, we will automatically send the recipient an e-mail within 24 hours, including the eGift Card code and instructions for use on the Sites. The code should be entered onto the Payment Information page during the checkout process. If the amount of the order exceeds the amount of the eGift Card, the recipient will need to use a credit card to pay for the balance of the order. If any online store credit is available to the recipient, then the store credit will automatically be applied first.
Except as required by law, eGift Cards are not redeemable for cash.
eGift Cards purchased by our customers do not expire and are not subject to any fees or charges. If we issue promotional eGift Cards or coupon codes in the future as a benefit to the members of our loyalty program, or otherwise, those promotional eGift Cards or coupon codes may be subject to an expiration date.
You can use one eGift Card towards the purchase of your order. Redemption of multiple eGift Cards for one order is not available at this time.
If you misplace or delete your eGift Card, send an e-mail to our Customer Service department and we will resend the redemption code for the eGift Card to the original recipient address. Please remember to include the recipient e-mail address and/or the order number with which it was purchased. If you sent the eGift Card to the wrong e-mail address, please contact us at email@example.com or (855) 968-2783. Our representatives will only be able to resend your eGift to a different recipient if it has not been redeemed.
Promotional eGift Cards and coupons cannot be resent or recovered if deleted.
If your eGift Card code is valid and unredeemed but not functional, our sole obligation will be to replace the eGift Card.
eGift Cards that have already been sent but have not yet been redeemed can be returned to the original purchaser's credit card. The eGift Card is automatically cancelled upon the return. Please note that we cannot recall an eGift Card e-mail after it has been sent.
If the merchandise purchased with an eGift Card is returned, an online store credit will be issued to the gift recipient for the full amount of the merchandise return. Tarte does not offer exchanges or cash refunds for eGift Card purchases. Any funds charged to a credit card will be automatically credited to the same card.
In addition to any other remedies, Tarte reserves the right to close your account or require an alternative form of payment if a fraudulently obtained eGift Card is presented for redemption.
disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE TARTE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. TARTE MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
limitation of liability
We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the Sites or its contents. We are also not responsible for any delay or failure in performance resulting directly or indirectly from acts of nature, or other forces or causes beyond our reasonable control including internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, explosions, acts of God, war, governmental actions, and non-performance of third parties not subject to our control.
In addition, we are not responsible for the contents of any communication, message, or information posted by you or other third parties; the content of any website not controlled, owned, or operated by us that is accessed from or linked to the Sites; or the content, services or information provided by any website purporting to be operated by Tarte or its affiliates, but not actually affiliated with, controlled, owned, or operated by Tarte.
SUBJECT ONLY TO LIMITATIONS IMPOSED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TARTE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THE SITES REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF TARTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SPECIAL NOTICE FOR NEW JERSEY USERS
BY USING THIS SITE, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS SITE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE TARTE, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS SITE; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST TARTE FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF TARTE AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Digital Millennium Copyright Act ("DMCA") Notice
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Tarte reserves the right, but not the obligation, to terminate your right to use the Site if Tarte determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Tarte accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Tarte has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of Tarte to receive notification of claimed infringement at: or via mail Attn: DMCA Agent, Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018.
Tarte respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
With respect to any dispute regarding the Sites, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Sites. Any changes are effective immediately upon posting to the Sites. Your continued use of the Sites constitutes your agreement to all such terms and conditions.
If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.