USER CONTENT

L.A. GIRL by Beauty 21 Cosmetics, Inc. (“we”) respects and protects the privacy of your data that is submitted to us through your use of the L.A. GIRL web site

By submitting any content to L.A. GIRL you guarantee that:

• You are the sole author and owner of the intellectual property rights in the content;
• All "moral rights" that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old;
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

• That is known by you to be false, inaccurate or misleading;
• That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• For which you were compensated or granted any consideration by any unapproved third party;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold L.A. GIRL (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant L.A. GIRL a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at L.A. GIRL's sole discretion. L.A. GIRL reserves the right to change, condense, withhold publication, remove or delete any content on L.A. GIRL's website that L.A. GIRL deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. L.A. GIRL does not guarantee that you will have any recourse through L.A. GIRL to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, L.A. GIRL reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not L.A. GIRL, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of L.A. GIRL, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

COPYRIGHT POLICY

If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") summarized below.

If you believe that any User Content or other material residing on or accessible through the Site or Services infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following "Designated Agent" for purposes of receiving notice under the DMCA relating to the Site and Services:

Beauty 21 Cosmetics, Inc.
2021 S. Archibald Avenue
Ontario, California 91761

To be effective, the written notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Beauty 21 Cosmetics to locate the material.
• Information reasonably sufficient to permit Beauty 21 Cosmetics to contact the complaining party, such as an address, telephone number and if available an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once proper infringement notification is received by the Designated Agent, it is Beauty 21 Cosmetics' policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers' access to the Site and Services.

A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Beauty 21 Cosmetics' Designated Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:

• A physical or electronic signature of the person submitting the counter notification.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person's address is outside of the United States, for any judicial district in which Bazaarvoice may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent.

Upon receipt of a counter notification, containing the information as outlined above, Beauty 21 Cosmetics shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Beauty 21 Cosmetics shall replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the counter notification, provided Beauty 21 Cosmetics' Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Beauty 21 Cosmetics Site or Services.