about_ARTISTS Terms & Conditions
about_ARTISTS Loyalty Program TERMS AND CONDITIONS
Welcome to the about_ARTISTS Program! Your participation in the about_ARTISTS Program (“Program”) is subject to the following. PLEASE READ THESE about-face about_ARTISTS Program TERMS & CONDITIONS (“TERMS”) CAREFULLY TO PARTICIPATE IN THE PROGRAM.
THESE TERMS DO NOT MODIFY THE about-face ONLINE STORE’S POSTED POLICIES, GUIDELINES, RULES. TERMS OR CONDITIONS OR ANY OTHER AGREEMENT YOU MAY HAVE WITH about-face (THE “OTHER TERMS AND POLICIES”). THESE TERMS ARE PART OF THE about-face TERMS OF SERVICE AND BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY SUCH about-face TERMS OF SERVICE, THESE TERMS AND THE about-face PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM. YOU DO NOT NEED TO MAKE A PURCHASE TO BECOME A about_ARTISTS MEMBER. THE PROGRAM IS VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY AND PROGRAM ENROLLMENT
Membership & Eligibility
This free Program is offered by about-face Inc. (“about-face”, “our”, “us” or “we”) to customers of the about-face online store at www.about-face.com (“Store”) who have signed in to have an account at the Store. To have an online account at the Store and participate in the Program you must be a resident of the United States or other countries where about-face ships products (as specified in the “Do you ship to my country” FAQ available here) and meet the requirements described in the about-face Terms of Service.
The Program is available to about-face account holders for their personal use only and is limited to one account using a single email address per individual. In the event of a dispute over the identity of a about-face account holder, the about-face account holder will be deemed to be the authorized account holder of the email address submitted for purposes of opening the about-face account. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Program may not be used for any business or commercial purpose.
You should review these Terms and the related policies and FAQs to understand the terms and conditions that apply to the Program as they may change from time to time at about-face’s sole discretion.
You will have the option to access certain Program benefits and rewards by providing us with your birthday and mailing address, but providing such information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Store.
about_ARTISTS TIERS; HOW TO EARN AND REDEEM POINTS
Benefits; Spend Per Month
The Program features three tiers: “ENTHUSIAST,” “FANATIC,” and “ARTIST” (each, a “Tier”). Each Tier offers different benefits, which may be modified by about-face in its sole discretion from time to time (“Benefits”). The type, amount, timing and availability of such Benefits will be defined by about-face in its sole discretion. Tiers are achieved based on qualifying Store Merchandise purchases made every three months (“Spend Per Every three months”).
Your Spend Per Three Months will be calculated commencing on the later of the launch of the Program or the date when you become a about-face account holder. Your Spend Per Three Months will then reset to zero on the first anniversary if you do not make any subsequent qualifying purchase during those past three months, or will reset to zero on each anniversary of your last qualifying purchase.
While your spending resets every three months after your last qualifying purchase, your Tier status is determined by the amount you spent on qualifying purchases in the prior 3 months of membership. Your status in a particular Tier is good for the upcoming three months in which you qualify for that Tier, unless you make subsequent qualifying purchases that qualify for the next Tier. For example, if you spend $75 in the Store on March 2023, you will be in the FANATIC Tier for the remaining three months (until July 1st), unless you make subsequent purchases during that period of time that qualify for the next Tier (ARTIST). After that, you will need to spend enough on qualified purchases to qualify for that Tier every three months. If you do not qualify again for FANATIC or ARTIST Tier, you will return to the ENTHUSIAST Tier, which is where every about-face account holder participating in the Program begins.
About-face may, in its sole discretion, limit or modify the Tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular Tier or may terminate or add Tiers at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law. About-face may at its sole discretion offer promotions or other opportunities from time to time to members of one or more Tiers to allow such members to earn more points or to maximize the benefits of redeeming points by meeting other about-face requirements (for example, participating in “Bonus Points Events” or other exclusive events). Not all offers are available to all members in each Tier. About-face will post information in the Store or through other media (e.g., marketing communications, email, social media, etc.).
about_ARTISTS Tiers: ENTHUSIAST, FANATIC, & ARTIST
ENTHUSIAST Tier. When you become an about-face account holder, you will automatically be placed in the ENTHUSIAST Tier. Subject to these Terms, you will remain in the ENTHUSIAST Tier indefinitely unless you meet the Spend Per every three months required to achieve the benefits of the FANATIC or ARTIST Tiers.
ARTIST Tier. A about-face account holder will receive the benefits of the FANATIC Tier as soon as such customer qualifies for it by meeting the required Spend every three months within the current calendar year and maintains that level status for the following three months. Upon expiration of the last three months, that customer will be required to requalify for the ARTIST Tier on a monthly basis. The Spend Per Three Months required to qualify for the ARTIST Tier at the launch of the Program is $150. about-face reserves the right to raise or lower this Spend Per three months threshold to join the ARTIST Tier in its sole discretion without prior notice except as expressly set out in these Terms or required by applicable law.
ARTIST Tier. A about-face account holder will receive the benefits of the about-face Tier as soon as such customer qualifies for it by meeting the required Spend every three months within the current calendar year and maintains that level status for the following three months. Upon expiration of that calendar year, that customer will be required to requalify for the ARTIST tier on a monthly basis. The Spend Per three months required to qualify for theARTIST Tier at the launch of the Program is $150. About-face reserves the right to raise or lower this Spend Per three months threshold to join the ARTIST Tier in its sole discretion without prior notice except as expressly set out in these Terms or required by applicable law.
about_ARTISTS Points
Under the Program, all three Tiers of membership will have one point credited to their about_ARTISTS account for every US dollar spent in the Store (a “Point”).
You may collect Points by purchasing Merchandise in the Store. To have Points credited to you under the Program, you must make your purchase while signed in to your about-face account. All purchases made prior to the launch of the Program or while not signed in your about-face account are not eligible for Points.
Bonus Point Events
Occasionally, about-face may offer bonus Points or other exclusive events, savings or opportunities to earn bonus Points (e.g., 3x Points per $1 spent) to selected about-face account holders of one or more Tiers (“Bonus Point Events”). Participating in such Bonus Point Events will allow about-face account holders to earn Points for the purchase of certain Merchandise at the Store, or in connection with shopping days where enrolled customers may earn a set amount of bonus Points for shopping that day.
Separate or additional terms and conditions may apply to such Bonus Points Events and will be communicated to you by email or social media prior to the event. Bonus Points are subject to the following exceptions: (1) If a about-face account holder purchases a about-face product during a Bonus Point Event and the selected Merchandise comes with an additional, free product, bonus Points will not be issued on the retail value of the free product; (2) If a about-face account holder redeems Points towards the purchase of a Bonus Points Event-promoted about-face product and pays a portion of the retail price after the Points redemption, the about-face account holder will receive bonus Points on the remaining retail amount paid by the about-face account holder after the Points were redeemed; and (3) If a about-face account holder redeems Points towards the purchase of a bonus Point product in an amount equal to the full price of the Bonus Point Event-product, the about-face account holder will not earn any bonus Points.
Additional Ways to Earn Points
From time to time, about-face may offer additional ways to earn Points on non-purchase activities in accordance with additional terms and conditions that will be communicated by about-face via email to selected about-face account holders in one or more Tiers and in selected geographies.
Merchandise and Rewards
For purposes of collecting Points under the Program, "Merchandise" or the value of merchandise in these Terms includes all about-face products sold at the Store, except for “gifts with purchase” or other sample size or promotional merchandise. Merchandise also excludes any payment for e-gift cards, gift cards, taxes, shipping costs and other excluded charges and/or purchases as specified by about-face from time-to-time (e.g., no Points are earned when purchasing about-face Mini Sets or other sample size or promotional Merchandise).
By participating in the Program you will receive Benefits according to your Tier and you will have the opportunity to redeem your Points for rewards made available by about-face from time to time in its sole discretion at the Store (“Rewards”). You are eligible to redeem Points for a Reward if you have enough Points in your about_ARTISTS Account for that specific Reward. The retail value of a Reward does not count toward about-face's free shipping threshold. Rewards can only be redeemed in the Store and may only be shipped to addresses in the US and other countries where about-face ships Merchandise at the time of redemption.
You should be aware that due to the limited nature of Rewards, about-face may be unable to reship Rewards if they arrive damaged, if you receive the wrong one or if one is missing from your order. Further, certain Rewards will be only available on limited quantities and while supplies last and may only be offered for specific periods of time and in selected geographies, in which case about-face reserves the right to make substitutions at its sole discretion.
You are not required to redeem your accumulated Rewards and/or Benefits.
about_ARTISTS Points Restriction
The Points have no cash value and are non-transferable, and you have no property rights in or to Rewards or other Program Benefits. Points can only be redeemed for Rewards and Points are not redeemable for cash.about-face may, in its sole discretion, allow Points to be redeemed for other benefits or items of Merchandise from time to time, for another product, for gift cards or for e-gift certificates or be used as payment. about-face also reserves the right to substitute Rewards without prior notice.
Purchase balances credited to your about_ARTISTS Account will be decreased or reversed, as applicable, if all or part of the purchase of Merchandise is returned or canceled, or if the credit is obtained through fraudulent or other activity that violates these Terms or the about-face Terms of Service (including purchases that appear to be placed by unauthorized dealers, resellers or distributors, as determined by about-face in its sole discretion).about-face is not responsible for Rewards lost or redeemed due to fraudulent activity by you or any third party. about-face is not responsible for Rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any Rewards or Benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from Rewards earned under the Program are the responsibility of the about-face account holder. Rewards cannot be exchanged or returned for another product, or for a monetary refund.
about_ARTISTS Profile Page
By logging into your about-face Account, you may review your about_ARTISTS Profile and Summary Page and learn about all Benefits associated with your Tier; your current Points balance, Point activity stored in your about_ARTISTS account and Rewards available under your Tier. If you have concerns that a purchase of Merchandise or other activity was not properly applied to your about_ARTISTS account, you should contact about-face Customer Care at help@aboutface.com. Your email must include your name and email address associated with the about-face Account, the date of the about_ARTISTS activity, and the issue(s) you encountered. You must send this email within forty-five (45) days after the date you purchased Merchandise or other Program activity occurred. about-face is not responsible for late notifications about purchases or other Program activities not credited to a about_ARTISTS account.
Expiration of Points
Any Points that are not redeemed within one year following the date the last qualifying purchase was made in the Store will expire. You will have one year to redeem your Points after your last activity in your about-face account. You may prevent the expiration of Points by purchasing qualifying Merchandise.
Your Points will also automatically expire if your membership to the Program is revoked or otherwise canceled, if you violate these Terms and for the reasons under the Points Restrictions paragraph above or Section 6 below.
about-face account holders may find information on Points dates and activity in their about_ARTISTS Profile Page by logging in to their about-face account.
about_ARTISTS Merchandise Discount Rewards
A about_ARTISTS Merchandise Discount Reward is an instant discount applied to the purchase price of Merchandise available to all about-face account holders in exchange for redemption of Points (In U.S. Dollars)
The about_ARTISTS Merchandise Discount Rewards may be used for the purchase of Merchandise online (with a shipping address in the U.S., Canada and other countries where about-face ships Merchandise). about_ARTISTS Merchandise Discount Rewards cannot be applied to gift card purchases, product replenishment programs, previous purchases, gift wrapping, packaging, taxes, or shipping and handling charges. Only one about_ARTISTS Merchandise Discount Reward can be applied per purchase transaction.
Return of Merchandise purchased with a about_ARTISTS Merchandise Discount Reward will be for the price actually paid after applying the about_ARTISTS Merchandise Discount Reward. The Points deducted from your about_ARTISTS account will not be refunded.
about_ARTISTS Merchandise Discount Rewards must be used on a single transaction and any remaining balance will be lost and void. If you apply a about_ARTISTS Merchandise Discount Reward to the purchase of Merchandise with a lower price than the about_ARTISTS Merchandise Discount Reward, the balance of such about_ARTISTS Merchandise Discount Reward will be void and will not be carried in your about_ARTISTS Account. For example, if you use a $10 off about_ARTISTS Merchandise Discount Reward to purchase a about-face product with a price of $7, the $3 outstanding balance will be void.
THE about_ARTISTS MERCHANDISE DISCOUNT REWARDS ARE NOT CASH OR ANY OTHER LEGAL TENDER. THE about_ARTISTS MERCHANDISE DISCOUNT REWARDS HAVE NO CASH VALUE WITHOUT A PURCHASE AT THE about-face STORE. THE about_ARTISTS MERCHANDISE DISCOUNT REWARDS MAY NOT BE ALTERED, SOLD, BARTERED OR TRANSFERRED. The about_ARTISTS Merchandise Discount Reward is applied last to your purchase after all other about_ARTISTS promotional discounts have been applied. about_ARTISTS Merchandise Discount Rewards cannot be used on any other promotional offers, discounts or Rewards. The about_ARTISTS Merchandise Discount Rewards are subject to change, alteration, or termination by about-face iin its sole discretion at any time.
about_ARTISTS Birthday Gift Benefit
If you share your birthday with us, you will receive a birthday gift in the form of a one-time discount on a qualifying Merchandise purchase during your birthday month (“Birthday Gift”). About-face will send you an email to the email address in your about-face account with your unique promotional code on the first day of your birthday month.
To redeem your Birthday Gift in the Store, you must sign into your about-face Account. YOU WILL NEED TO EFFECT A MERCHANDISE PURCHASE DURING YOUR BIRTHDAY MONTH TO CLAIM YOUR BIRTHDAY GIFT AT CHECKOUT. There is a limit of one Birthday Gift per about-face account holder per year, and Birthday Gifts cannot be transferred, combined with any other offers or discounts, applied to prior purchases, or applied to gift card purchases. The Birthday Gift Benefit is subject to change, alteration, or termination by about-face at its sole discretion at any time.
EFFECT OF STORE ORDER CANCELLATION
Because all Rewards redeemed online are shipped with Merchandise orders, if you cancel an item from your order and that cancellation drops your Points balance below the required Points required to redeem the Reward, you will still receive the Reward as long as other Merchandise is being shipped. It is possible that your about_ARTSITS Account reaches a negative balance if you do not have enough Points in your about_ARTISTS account because of the canceled item. If your entire order is canceled by you, the Reward(s) will not ship because a Merchandise purchase is required, and the redeemed Points will be re-credited to your about_ARTISTS Account. Redeemed Points will be re-credited if an order is canceled by about-face.
AGREEING TO about-face PRIVACY POLICY
about-face values your privacy. As is explained in our Privacy Policy, we use, and retain the information we collect to administer the Program and provide you with Points, and among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Points and benefits or to violate these Terms.
COMMUNICATIONS WITH about-face; HOW TO OPT OUT
By opening a about-face account you agree to receive advertising, marketing materials and other communications from about-face, including Program emails.
If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.aboutface.com or by emailing Customer Care at help@aboutface.com.
CHANGES, TERMINATION AND/OR REMOVAL FROM PROGRAM
The Program and its Benefits are offered at our sole discretion. about-face may, in its sole discretion, alter, limit, restrict, or modify the Program rules, regulations, Benefits, Rewards, eligibility to participate in the Program, our FAQ or any other aspect or feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, even though such changes may affect the value of Rewards or Benefits already accumulated or earned and/or the ability to redeem accumulated Rewards or Benefits. We will post any such changes to the Program and its Benefits on the about-face website and your about_ARTISTS profile page and email information regarding the changes to the email associated with your about-face account 60 days before the changes become effective. Residents of the Province of Québec will receive, between the 90th and 60th day preceding the coming into force of an amendment to these terms and conditions, a written notice setting out any new provisions and the date of the coming into force of any such new provisions.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
About-face reserves the right to exclude individuals from the Program or remove Points from a about-face account holder’s about_ARTISTS Account in its sole and absolute discretion. In particular, any suspected abuse or manipulation of the Program or its rules (as determined by about-face in its sole and absolute discretion), failure to follow any terms of the Program (as determined by about-face in its sole and absolute discretion), membership inactivity for more than 12 months, any misrepresentation, illegal activity, fraud, or any conduct detrimental to the interests of about-face not otherwise protected by law, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may subject about-face account holders to membership revocation or deduction of Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Your eligibility to participate in the Program is non-transferable and qualifying purchases must be made only by the about-face account holder. If your eligibility to participate in the Program is revoked or otherwise canceled, any Points in your about_ARTISTS account will automatically expire. about-face reserves the right to make changes to its Store, the Other Terms and Policies and these Terms at any time. By participating in the Program, you hereby agree to be bound by any such changed Terms. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
IF YOU DECIDE YOU NO LONGER WANT TO BE A PART OF THE PROGRAM, YOU MAY OPT-OUT AND CANCEL YOUR PARTICIPATION IN THE PROGRAM AT ANY TIME BY SENDING AN EMAIL TO help@aboutface.com, BY CLOSING YOUR about-face ACCOUNT AND AS OTHERWISE PROVIDED IN OUR PRIVACY POLICY. UPON CANCELLATION, ANY UNUSED POINTS ACCRUED IN YOUR ACCOUNT WILL BE VOID AND WILL NOT BE REDEEMABLE ANYMORE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER about-face NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER about-face NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO, OR TERMINATION OF, THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON about-face’s LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM about-face
AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
PROGRAM CONTENT AND PROPRIETARY RIGHTS
Any Program content on the Store provided by about-face or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("about-face Content"), is the property of about-face and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
DISPUTE RESOLUTION
If a dispute should arise between you and about-face, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our Customer Care team, reachable by emailing help@aboutface.com.
If your dispute cannot be resolved using our Customer Care team, the about-face Terms of Service describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND about-face AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SEVERABILITY
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by about-face, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot be so modified or restricted, they shall be removed from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
ADDITIONAL INFORMATION ON THE PROGRAM.
If you have any questions regarding the Program, you may email Customer Care at help@aboutface.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQS.