Last Updated: August 2009

1. Contract Scope.
This is a contract between you and MakeUpNotes.com, a service operated by Glue Inc. Throughout these Terms and Conditions, as well as throughout the entire website, MakeUpNotes.com is referred to as "MakeUp Notes" "makeupnotes.com" "we," "us" or "our". This contract applies to any MakeUp Notes software or services, including updates, that display or link to this contract and that you use while this contract is in force. All of the software or services are referred to in this contract as "MakeUp Notes."

2. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

3. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use MakeUp Notes or any part of MakeUp Notes.

4. How We May Change the Contract.
If we change this contract, then we will tell you at least 14 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using MakeUp Notes before the change takes place. If you do not stop using MakeUp Notes, then your use of MakeUp Notes will continue under the changed contract.

5. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of MakeUp Notes. It supersedes any prior contract or statements regarding your use of MakeUp Notes. If you have confidentiality obligations related to MakeUp Notes, those obligations remain in force. The section titles in the contract do not limit the other terms of this contract.

6. Claim Must Be Filed Within One Year.
Any claim related to this contract or MakeUp Notes may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

7. When MakeUp Notes Usage Is Permitted.
You may start using MakeUp Notes once you have successfully created and verified your own personal user account.

8. MakeUp Notes Usage Requirements.
In using MakeUp Notes, you will:

• obey the law;
• obey any policies, codes of conduct, rules, or other notices we provide;
• keep your MakeUp Notes user account password secret; and
• promptly notify us if you learn of a security breach related to MakeUp Notes.

9. Prohibited MakeUp Notes Usage.
In using MakeUp Notes, you may not:

• engage in, facilitate or further unlawful conduct;
• use MakeUp Notes in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
• harvest or otherwise collect information about users of MakeUp Notes, including usernames, email addresses, class schedules, sales history, purchase history, or feedback, without their direct individual consent and our consent
• use any portion of MakeUp Notes as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• use any unauthorized third party software or service to access MakeUp Notes
• use any automated process or service to access and/or use MakeUp Notes
• use any unauthorized means to modify or reroute, or attempt to modify or reroute, MakeUp Notes;
• use any method to disassemble, decompile, or reverse engineer any software or materials included in MakeUp Notes, except and only to the extent that the law expressly permits this activity;
• damage, disable, overburden, or impair MakeUp Notes (or the network(s) connected to MakeUp Notes) or interfere with anyone's use and enjoyment of MakeUp Notes; or
• resell or redistribute MakeUp Notes, or any part of MakeUp Notes.

10. You Are Responsible For Your User Account.
Only you may utilize our personal user account. You are responsible for all activity that takes place with your user account. You may not authorize any third party to access and/or use MakeUp Notes on your behalf.

11. Closing User Accounts.
You may close your user account at any time, with or without cause. Closing your account will not alter your obligation to pay for all charges incurred prior to closing your account and forfeits the right to future refunds or support of any kind.

12. Customer Support
We greatly value customer experience and attempt to provide customer support by email and instant chat as frequently and timely as possible, but make no guarantee to the availability, quality, or quantity of customer support.

13. Account Errors.
If we make an error on your account, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears. If you do not tell us within this time, we will not be required to correct the error. We can correct errors at any time.

14. If You Pay MakeUp Notes.

14.1 Charges.
This section 14 applies in all situations in which you directly pay us. Even if you do not pay for MakeUp Notes, you may still incur charges incidental to using MakeUp Notes; for example, charges for Internet access, mobile text messaging, or other data transmission.

14.2 Payment Method.
All payments to us must be made using PayPal.com, which we will direct you to when payments are required. PayPal maintains its own policies which are currently available at https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/ua-outside. You must be authorized to use any PayPal accounts you use as a payment method.

14.3 Prices and Price Increases.
The prices set by MakeUp Notes excludes all taxes, phone charges, transmission charges, delivery charges, payment-processing charges, or other similarly associated or required charges unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone or payment-processing charges). We may change prices of MakeUp Notes at any time, and will inform you before we do.

• You may receive promotional pricing for a specific time length and price, after which, prices of MakeUp Notes will be charged at the new price.

If you do not agree to these changes, then you must close your MakeUp Notes user account and stop using MakeUp Notes before the changes take place.

14.4 Refund Policy.
Unless otherwise provided by law or in connection with any particular MakeUp Notes offer, all charges are non-refundable, and the costs of any returns will be at your expense unless a refund is initiated by us. We reserve the right to issue a refund for any sale, between any two parties that we facilitate, at any time, for any reason, at our discretion. We may notify parties of refunded transactions, but are not required to do so at any time.

15. Internet Access Service.
MakeUp Notes does not include Internet access, and you are responsible for paying any fees charged by your Internet access provider. Those fees are in addition to any fees you pay us for MakeUp Notes.

16. Payments to You.
Your right to any payment due you from MakeUp Notes is conditioned upon you promptly providing us with all information we require to properly make the payment (your PayPal email address and other information you are prompted for). We will always attempt to tell you what information we require in advance. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.
If you earn in excess of $600 using MakeUp Notes, we will issue you a "1099� form at the end of the calendar year, following completion of a "W-9�. You are responsible for all record keeping pertaining to money earned in conjunction with MakeUp Notes regarding to taxes following the issuance of this form.

17. Your Content.
You may be able to submit content for use in connection with MakeUp Notes. You understand that we retain the right to control and/or endorse the content that you and others provide to MakeUp Notes. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, resale, and database rights you have in the uploaded materials, in any media known now or in the future to all content you post or provide on MakeUp Notes. If you do not want us to have those rights, please do not share your content with us.
You understand that we need and you hereby authorize us to use, modify, copy, distribute, and display content provided to MakeUp Notes to the extent necessary to provide MakeUp Notes. This includes:

• storing and retrieving the content;
• making the content available to you and anyone we choose to grant access to, potentially including the general public;
• conforming to connecting networks' technical requirements; and
• conforming to the limitations and terms of MakeUp Notes.

You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 11 and that the use and publication of the content does not breach any law. In the event that you learn your uploaded materials are infringing, you must inform us of the infringement immediately. We will not directly pay you for your content, but may pay you a portion of the sale price if we sell you content. We may refuse to publish your content and may remove your content from MakeUp Notes at any time, for any reason, at our sole discretion.

18. Third Party Account Information
Some parts of MakeUp Notes may allow you to provide your account information for other services provided by other companies owned and operated independently of ours. By providing us with your account information for another service, through MakeUp Notes, you authorize us and our agents to access third party sites designated by you or on your behalf, to retrieve and/or share information requested by you, and you appoint us and our agents as your agent for this limited purpose. Subsequent requests to retrieve and/or share information will be treated identically, in that you are permitting us and our agents to process your request and use information submitted previously by you to accomplish the foregoing.

19. Privacy.
In order to operate and provide MakeUp Notes, we collect certain information about you. We use and protect that information as described in the MakeUp Notes Privacy Statement currently located at http://makeupnotes.com/view.asp?file=privacypolicy.html&title=Privacy%20Policy. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect our rights or property or that of our customers, including the enforcement of our agreements or policies governing your use of MakeUp Notes; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of our employees, customers or the public.
We retain the right to block or otherwise prevent delivery of any type of email or other communication to or from MakeUp Notes as part of our efforts to protect MakeUp Notes, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of MakeUp Notes.
In order to provide you MakeUp Notes, we may collect certain information about MakeUp Notes performance, your machine and your MakeUp Notes use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy policy at http://makeupnotes.com/view.asp?file=privacypolicy.html&title=Privacy%20Policy.
Personal information collected through MakeUp Notes may be stored and processed in the United States or any other country in which we or our affiliates, subsidiaries or agents maintain facilities. By using MakeUp Notes, you consent to any such transfer of information outside of your country.

20. WE MAKE NO WARRANTY.
We provide MakeUp Notes "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from MakeUp Notes. We and our affiliates, resellers, distributors and vendors give no express warranties, guarantees, or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

21. LIABILITY LIMITATION.
You cannot recover any damages, including consequential, lost profits, special, indirect, incidental or punitive damages from us, our affiliates, resellers, distributors, or vendors.
This limitation applies to anything related to:

• MakeUp Notes, including content,
• viruses or other disabling features that affect your access to or use of MakeUp Notes,
• incompatibility between MakeUp Notes and other services, software, and hardware,
• delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with MakeUp Notes in an accurate or timely manner, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

• this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• we knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

22. Changes to MakeUp Notes; If We Cancel MakeUp Notes.
We may change MakeUp Notes or delete features at any time and for any reason. We may close, cancel, or suspend MakeUp Notes at any time. Our closure, cancellation, or suspension may be without cause and/or without notice. Should this happen, your right to use MakeUp Notes stops immediately and any data you have stored using MakeUp Notes may not be retrieved later. Furthermore, your obligation to pay all charges incurred previously is not altered by such a closure, cancellation, or suspension. If we close MakeUp Notes in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your prepayments remaining preceding the cancellation.

23. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with MakeUp Notes and have the right to send you certain additional information. There may be other information regarding MakeUp Notes that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may close your user account. We may provide required information to you:

• by e-mail at the e-mail address you specified when you signed up for MakeUp Notes;
• by access to our website that will be designated in an e-mail notice sent to you at the time the information is available; or
• by access to a location on our website that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use MakeUp Notes, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using MakeUp Notes.

24. Contracting Party, Choice of Law and Location for Resolving Disputes.
This contract is between you and us. Florida state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Polk County, Florida, USA for all disputes arising out of or relating to this contract.

25. NOTICES

25.1 Notices and Procedure for Making Claims of Copyright Infringement

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Digital Millennium Copyright Act � MakeUp Notes
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act, currently available at the U.S. Copyright Office Website http://www.copyright.gov.
To file a notice of infringement with us by fax or regular mail, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights, thus if you are not sure whether material available online infringes your copyright, we strongly suggest that you first contact an attorney.
To submit a notice by fax and/or mail, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above, preferably using the note identification number, page number, and paragraph.
3. Provide information sufficient to permit us to contact you, preferably email address and phone number.
4.  Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.".
5. 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."
6. Sign the paper.
7. Send the written communication to the following address:

Glue Inc
Attn: MakeUp Notes DMCA Complaints
1307 Pleasant Place
Lakeland, FL 33801

Or fax to:
(813) 333-0659, Attn: MakeUp Note DMCA Complaints

25.2 Notices and Procedure for Counter Notification
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others, thus if you are not sure whether certain material infringes the copyrights of others, we strongly suggest that you first contact an attorney.
We prefer Counter Notifications to use the following format including section numbers:

1. Identify the specific material that we removed.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Polk County, Florida if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed as a result of a mistake or misidentification of the material to be removed, or that the material identified by the complainant has been removed and will no longer be included."
4. Sign the paper.
5. Send the written communication to the following address:

Glue Inc
Attn: MakeUp Notes DMCA Counter Notifications
1307 Pleasant Place
Lakeland, FL 33801

OR fax to:
(813) 333-0659, Attn: MakeUp Note DMCA Counter Notification

25.3 Additional DMCA Process Information

For any additional questions regarding the DMCA process for MakeUp Notes please contact us at dmcasupport at makeupnotes dot com or (813) 333 - 0658.

26. Account Termination
MakeUp Notes will, in appropriate circumstances, terminate the user accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify that the user is a repeat infringer.

27. Copyright and Trademark Notices

27.1 Our Copyrights, Trademarks, and Other Intellectual Property
All contents of MakeUp Notes are Copyright © 2026 Glue Inc and/or its suppliers, 1307 Pleasant Place, Lakeland, Florida 33801-2951 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of MakeUp Notes. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

27.2 Endorsements
Please note that institutional affiliations are shown for identification purposes only. Endorsements are not meant to imply that any organization or affiliated institution formally endorses us, unless explicitly stated.

27.3 Linking to MakeUpNotes.com
We grant you a limited, revocable, and nonexclusive right to create a hyperlink to MakeUpNotes.com, as long as the link does not portray MakeUp Notes or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MakeUp Notes logo or other proprietary graphic or trademark as part of the link without our express written permission.