Beaudentity Inc. Terms of Service
Effective as of 8/14/18
The services that Beaudentity Inc. (“Beaudentity,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”), which govern your access to and/or use of the website, Beaudentity.com, any mobile versions and/or applications related thereto (collectively, the “Site”), products, services and any sites Beaudentity has now and in the future (collectively, the “Services”). Please read these Terms of Service carefully. By accessing or using any part of the Service or Website, you agree to become bound by the Terms of Service. If you do not agree to all the Terms of Service in their entirety, you may not access the Website or use any Services.
Notice about Eligible Users: The Site is available only to individuals who are at least 13 years old. By using the Service, you represent that you are at least 13 years old.
Arbitration Notice: Except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and Beaudentity will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit and/or class-wide arbitration.
Beaudentity is a website and mobile application that provides customized beauty content and helps women discover cosmetic and hair products and techniques that work best for her. Users may purchase these beauty products from our network retail partners.
- Use of the Services
Account. If you are a user who signs up for the Services, you will create a personalized account which contains a username and password unique to you to access the Services and you agree to receive certain communications from us. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your use of the Services. You must immediately notify Beaudentity of any unauthorized uses of your account or password, or any other breaches of security. Beaudentity will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Conduct and Responsibilities. By accessing the Site, you agree to the following conditions:
- You shall not modify, disassemble, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Site or the Services.
- You shall not access any content on the Site via automated means, including but not limited crawling, scraping, and/or caching.
- You may not use or interfere with the Site in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party’s use and/or enjoyment of the Services.
- You may not access all or any part of the Site in order to build a product or service which competes with the Services.
- You agree not to intentionally hold Beaudentity and/or its employees and/or directors up to public scorn, ridicule and/or defamation.
- You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property.
- You will not attempt to do any of the following: access data not intended for you, monitor the Service for data gathering purposes in an effort to track usage, and/or similar information, and/or interfere with the Site in relation to any user in any manner.
- You shall not use the Services for any unlawful purpose and/or to violate any law, code of conduct and/or other guidelines which may be applicable to the Services provided.
- You shall not describe or assign keywords to your User Blog (defined below) in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
- Your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
- Proprietary Rights and Licenses
Beaudentity Content. Certain types of content are made available through the Services. The materials, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other content made available on the Site, excluding User Content, defined below (the “Content”) as well as the organization and/or layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Beaudentity owns, control, lawfully uses and/or licenses the Content on the Site. These Terms of Service do not transfer from Beaudentity to you any Beaudentity or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Beaudentity. Beaudentity, Beaudentity.com, the Beaudentity.com logo, and all other trademarks, service marks, graphics and logos used in connection with Beaudentity.com or the Site, are trademarks or registered trademarks of Beaudentity or Beaudentity’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Beaudentity or third-party trademarks.
User Content. The Site may provide registered users various opportunities to post, share and/or upload opinions, advice, discussions, comments, messages and other communications, as well as images, photographs, graphics, video, sound, external links and other content (collectively, “User Content”), including the creation of a blog or user profile on the Site (“User Blog”). You shall have the exclusive title and ownership rights, including all intellectual property rights, in all User Content. By submitting User Content to Beaudentity for inclusion on your User Blog or the Site, you grant Beaudentity a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Content solely for the purpose of displaying, distributing and promoting your User Blog. If you delete User Content, Beaudentity will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
Posted Content. Please carefully choose the information that you post on the Site, through and/or in connection with the Services and that you provide to other users. Beaudentity does not endorse any User Content in any way. Beaudentity generally does not, and will not be obligated in any way to, pre-screen, monitor and/or edit any User Content posted by users of the Services. However, Beaudentity has the right (though not the obligation) to, in Beaudentity’s sole discretion (i) refuse or remove any User Content that, in Beaudentity’s reasonable opinion, violates any Beaudentity policy or is in any way harmful, objectionable, or otherwise inaccurate, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Beaudentity’s sole discretion.
Prohibited Content. The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Services. By uploading, posting, sharing or otherwise distributing or publishing through the Site any User Content, you agree as follows:
- the downloading, copying and use of User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to User Content, and have done all things necessary to successfully pass through to end users any required terms;
- User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- User Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your User Blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your User Blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your User Blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Beaudentity or otherwise.
Disclaimer. Beaudentity has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Beaudentity does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain Content and/or User Content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Beaudentity disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of Content and/or User Content there posted.
Attribution. Beaudentity reserves the right to display attribution links such as ‘Blog at Beaudentity.com,’ theme author, and font attribution in your Blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Beaudentity.com links, and that link to Beaudentity.com. Beaudentity does not have any control over those non-Beaudentity websites and webpages, and is not responsible for their contents or their use. By linking to a non-Beaudentity website or webpage, Beaudentity does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Beaudentity disclaims any responsibility for any harm resulting from your use of non-Beaudentity websites and webpages.
- Copyright Infringement and DMCA Policy
As Beaudentity asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Beaudentity.com violates your copyright, you are encouraged to notify Beaudentity in accordance with Beaudentity’s Digital Millennium Copyright Act (“DMCA”) Policy, which may be found here [https://www.copyright.gov/legislation/dmca.pdf]. Beaudentity will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Beaudentity will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Beaudentity or others. In the case of such termination, Beaudentity will have no obligation to provide a refund of any amounts previously paid to Beaudentity.
Beaudentity reserves the right to display advertisements on your Blog.
Beaudentity reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service. It is your responsibility to check the Terms of Service periodically for changes. If Beaudentity makes changes that affect your access to and/or use of the Services, we will post notice of the change on this Terms of Service page and change the “Updated” date set forth above. We may also provide you additional forms of notice as appropriate under the circumstances. Your continued use of or access to the Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes. If you disagree with our changes, then you should cancel your account and stop using the Services after the effective date of the changes.
Beaudentity may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Beaudentity.com account (if you have one), you may simply discontinue using the Site. After termination, Beaudentity will have no further obligation to provide the Services to you. To the fullest extent permitted by law, Beaudentity is not liable to you or any third party for termination of the Services or termination of your access to or use of the Services. Upon termination, any information and User Content that you have submitted in connection with the Services or that is related to your account may no longer be accessed by you, and any data you have stored in connection with the Service may not be retrieved later. All provisions of this Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
The Site and the Services are provided to you on an “as is” and “as available” basis. Beaudentity and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Beaudentity nor its suppliers or licensors, makes any warranty that the Site will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or Services through, the Site at your own discretion and risk.
- 10.Professional Advice Disclaimer
Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice nor can it substitute the service of trained professionals in any field. We encourage you to seek the advice of professionals as appropriate regarding any specific information found on the Site. Your reliance on any information provided on the Site is solely at your own risk.
- 11. Limitation of Liability
In no event will Beaudentity, or its suppliers or licensors, be liable with respect to any subject matter of this Terms of Service under any contract, warranty, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, indirect, consequential and/or punitive damages; (ii) any loss of profits, revenue, data, goodwill or other intangible losses; (iii) any damages related to your access to, use of or inability to access or use parts, some or all of the Site, your account, your User Content or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (iv) corruption of data; (v) the cost of procurement for substitute products or services; or (vi) any third party sites accessed via the Site, even if Beaudentity has been advised of the possibility of such damages in advance and despite any negligence, misconduct errors and/or omissions by Beaudentity. The foregoing shall not apply to the extent prohibited by applicable law.
Beaudentity’s maximum aggregate liability to you for direct damages that you suffer in connection with your access to and/or use of the Services is limited to the lesser of (i) the amounts paid by you to Beaudentity, if any, in the twelve (12) months immediately preceding the event that gave rise to such claim and (ii) One Hundred Dollars ($100.00).
- 12. Indemnification
You agree to defend, indemnify and hold harmless Beaudentity, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of: (i) your access or use of the Services; (ii) User Content submitted and/or posted by you; (iii) your violation of any law and/or the rights of a third party; (iv) your breach of this Terms of Service; and/or (v) your fraud, intentional misconduct or negligence. This defense and indemnification obligation will survive these Terms of Service, your use of the Services, and any termination of your account.
- 13. Dispute Resolution
PLEASE READ THIS SECTION 13 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Governing Law; Arbitration. These Terms of Service and any access to or use of the Site will be governed by the laws of the State of Illinois, without regard to its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Chicago, Illinois. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any court of competent jurisdiction without the posting of a bond), any dispute arising under these Terms of Service shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chicago, Illinois, in the English language and the arbitral decision may be enforced in any court of competent jurisdiction. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Class Action Waiver. YOU AND BEAUDENTITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH BEAUDENTITY THAT NEITHER YOU NOR BEAUDENTITY WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR BEAUDENTITY WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
Time for Filing. Any claim brought hereunder must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
These Terms of Service constitute the entire agreement between Beaudentity and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Beaudentity, or by the posting by Beaudentity of a revised version. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under these Terms of Service to any party without our prior written consent. Beaudentity may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.