This is my Disclaimer/Disclosure/Privacy Policy.
Phyrra is a USA-based cruelty-free beauty, alternative gothic fashion, and lifestyle blog. Content on this blog is USA-centric, though I also cover brands from the UK, Germany, Australia, New Zealand, and beyond.
Disclaimer
Some products I love, you may hate. Some products I hate, you may love. All opinions about a product are honest and my own. I am not liable for any problems that you may have from trying a product that I review. If you have any issues with any product you try, you should immediately contact your doctor. If you have any issues with a company you purchase from, I recommend you contact that company directly. If you cannot get satisfaction from the company directly, contact the Better Business Bureau and your credit card company or PayPal.
Public Relations
Although many of the items featured on Phyrra are purchased, this site also accepts press samples from brands and public relations representatives. Receipt of a product does not constitute a contract for a published review of the product. While Phyrra attempts to accept only products of interest in hopes of lessening negative reviews, this site does not guarantee a favorable review.
Reviews are done based on honest assessments of the products and content is not pre-approved by PR representatives or brands. Products that wish to impose such limitations will not be accepted for review without compensation and disclosure as a sponsored post. Unless compensated as a disclosed sponsored or advertorial post, Phyrra exercises full independence over product reviews. General receipt of a product, whether solicited or unsolicited, does not constitute a contract for a published review of the product or for the substance of any content produced that discusses the product. Beginning in October 2009, all items received from brands and PR representatives are disclosed as such.
Press samples are not payment and are not sponsored content. They are disclosed as press samples. Posts may contain a mix of press samples and items purchased by me. They are disclosed as such.
Advertorial or Sponsored Posts
Phyrra occasionally includes advertorial or sponsored posts. All such posts are disclosed as being advertorial, partnered with, brought to you by, or sponsored in the post, at the top of the post.
Compensation
Phyrra accepts various paid items including (but not limited to) paid posts, sponsorships, brand ambassadorships, and advertising. Phyrra also accept products and trips for purposes of editorial review.
When Phyrra writes a sponsored post, Phyrra is receiving payment for the work put into researching and writing the article, the work put into taking photography or videos, and editing the content. Phyrra did NOT receive payment for a favorable review or positive outcome. What you read are the genuine thoughts expressed by Phyrra.
These items may influence the advertising content, links, or post topics of this blog, but it will never influence Phyrra’s honest opinions on any product or subject. The views and opinions expressed on Phyrra and all related social media accounts are purely Phyrra’s. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
If a reader clicks on a link or advertisement on Phyrra and subsequently makes a purchase on that website, or uses an affiliate link on Phyrra, Phyrra may receive some small form of compensation (usually pennies on the dollar) from that company or website.
Affiliate Links and Advertising
Phyrra, at times, makes use of affiliate links. A commission is earned when a product is purchased using such a link, which helps to support the continued provision of content on the site. Phyrra is supported by paid advertisements with Raptive. ShareASale, Amazon, LTK RewardStyle, and other affiliate links may also be used on the site.
Raptive (formerly AdThrive)
CMI Marketing, Inc., d/b/a Raptive (“Raptive”) is a service provider of this Site for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive’s data usage, click here: https://raptive.com/creator-advertising-privacy-statement
No Warranty of Products
Phyrra makes no warranties as to the effectiveness or quality of any product. Reviews are based on personal experience and personal opinion. Individual user’s opinion may vary. Comments concerning reviews from users about their experiences are encouraged and welcome.
Site and Content Use
All material on Phyrra retains its full copyright. Use of material, either in full, part, or derivative form, without express written permission is prohibited. All material, whether found directly on Phyrra or taken from an RSS feed is licensed for personal use only. I protect my copyright and take violations seriously. Republication without express permission may result in billing for use of the material, formal notification of the violation to hosts and advertisers under the Digital Millennium Copyright Act, and other legal action as deemed necessary. All logos and trademarks are property of their respective owners.
You are not allowed to reproduce, sell, and modify any part of Phyrra. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When you quote or link to Phyrra, please include Phyrra in your link. Do not hotlink my images! If you would like to contact me about using an image, you need to send me an email and obtain written permission.
Commenting Policy
Comments left by readers do not reflect the views of Phyrra Do not post links of ‘come visit my blog’ or a link to your blog in the comments section of my blog, as they will be deleted. If you leave a comment with a link on my blog and it is relevant to the post, it will be left intact. Do not leave disparaging remarks on my blog. It’s not polite. If you don’t like what you see on my blog, you don’t have to read it.
Cookies & 3rd Party Advertisements
Google, as a third party vendor, uses cookies to serve ads on your site. Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Phyrra allows third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit https://www.networkadvertising.org/managing/opt_out.asp.
Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to 2705 Wilson Rd, Land O’ Lakes, FL 34638. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
Consent to Data Collection. These Terms of Service incorporate our Privacy Policy [link], which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.
Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
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