Phrases of Use


Web site Phrases of Use

Model 1.0

The beautyum.com web site positioned at beautyum.com is a copyrighted work belonging to Beautyum. Sure options of the Website could also be topic to extra pointers, phrases, or guidelines, which might be posted on the Website in reference to such options.

All such extra phrases, pointers, and guidelines are included by reference into these Phrases.

These Phrases of Use described the legally binding phrases and circumstances that oversee your use of the Website. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and also you signify that you’ve got the authority and capability to enter into these Phrases. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

 

Entry to the Website

Topic to those Phrases. Firm grants you a non-transferable, non-exclusive, revocable, restricted license to entry the Website solely in your personal private, noncommercial use.

Sure Restrictions. The rights accredited to you in these Phrases are topic to the next restrictions: (a) you shall not promote, hire, lease, switch, assign, distribute, host, or in any other case commercially exploit the Website; (b) you shall not change, make spinoff works of, disassemble, reverse compile or reverse engineer any a part of the Website; (c) you shall not entry the Website with the intention to construct the same or aggressive web site; and (d) besides as expressly acknowledged herein, no a part of the Website could also be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any kind or by any means until in any other case indicated, any future launch, replace, or different addition to performance of the Website shall be topic to those Phrases.  All copyright and different proprietary notices on the Website should be retained on all copies thereof.

Firm reserves the suitable to alter, droop, or stop the Website with or with out discover to you.  You accredited that Firm won’t be held liable to you or any third-party for any change, interruption, or termination of the Website or any half.

No Help or Upkeep. You agree that Firm may have no obligation to give you any help in reference to the Website.

Excluding any Consumer Content material that you could be present, you might be conscious that every one the mental property rights, together with copyrights, patents, logos, and commerce secrets and techniques, within the Website and its content material are owned by Firm or Firm’s suppliers. Observe that these Phrases and entry to the Website don’t provide you with any rights, title or curiosity in or to any mental property rights, apart from the restricted entry rights expressed in Part 2.1. Firm and its suppliers reserve all rights not granted in these Phrases.

Third-Celebration Hyperlinks & Adverts; Different Customers

Third-Celebration Hyperlinks & Adverts. The Website might comprise hyperlinks to third-party web sites and providers, and/or show commercials for third-parties.  Such Third-Celebration Hyperlinks & Adverts are usually not beneath the management of Firm, and Firm shouldn’t be liable for any Third-Celebration Hyperlinks & Adverts.  Firm offers entry to those Third-Celebration Hyperlinks & Adverts solely as a comfort to you, and doesn’t assessment, approve, monitor, endorse, warrant, or make any representations with respect to Third-Celebration Hyperlinks & Adverts.  You employ all Third-Celebration Hyperlinks & Adverts at your personal threat, and may apply an acceptable degree of warning and discretion in doing so. If you click on on any of the Third-Celebration Hyperlinks & Adverts, the relevant third social gathering’s phrases and insurance policies apply, together with the third social gathering’s privateness and information gathering practices.

Different Customers. Every Website person is solely liable for any and all of its personal Consumer Content material.  As a result of we don’t management Consumer Content material, you acknowledge and agree that we’re not liable for any Consumer Content material, whether or not offered by you or by others.  You agree that Firm won’t be liable for any loss or harm incurred as the results of any such interactions.  If there’s a dispute between you and any Website person, we’re beneath no obligation to grow to be concerned.

You hereby launch and perpetually discharge the Firm and our officers, workers, brokers, successors, and assigns from, and hereby waive and relinquish, each previous, current and future dispute, declare, controversy, demand, proper, obligation, legal responsibility, motion and explanation for motion of each form and nature, that has arisen or arises instantly or not directly out of, or that relates instantly or not directly to, the Website. If you’re a California resident, you hereby waive California civil code part 1542 in reference to the foregoing, which states: “a common launch doesn’t prolong to claims which the creditor doesn’t know or suspect to exist in his or her favor on the time of executing the discharge, which if recognized by her or him should have materially affected his or her settlement with the debtor.”

Cookies and Internet Beacons. Like every other web site, beautyum.com makes use of ‘cookies’. These cookies are used to retailer info together with guests’ preferences, and the pages on the web site that the customer accessed or visited. The data is used to optimize the customers’ expertise by customizing our net web page content material primarily based on guests’ browser kind and/or different info.

Disclaimers

The positioning is offered on an “as-is” and “as accessible” foundation, and firm and our suppliers expressly disclaim any and all warranties and circumstances of any form, whether or not categorical, implied, or statutory, together with all warranties or circumstances of merchantability, health for a selected function, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not assure that the positioning will meet your necessities, might be accessible on an uninterrupted, well timed, safe, or error-free foundation, or might be correct, dependable, freed from viruses or different dangerous code, full, authorized, or secure.  If relevant regulation requires any warranties with respect to the positioning, all such warranties are restricted in length to ninety (90) days from the date of first use.

Some jurisdictions don’t enable the exclusion of implied warranties, so the above exclusion might not apply to you.  Some jurisdictions don’t enable limitations on how lengthy an implied guarantee lasts, so the above limitation might not apply to you.

Limitation on Legal responsibility

To the utmost extent permitted by regulation, in no occasion shall firm or our suppliers be liable to you or any third-party for any misplaced earnings, misplaced information, prices of procurement of substitute merchandise, or any oblique, consequential, exemplary, incidental, particular or punitive damages arising from or relating to those phrases or your use of, or incapability to make use of the positioning even when firm has been suggested of the potential of such damages.  Entry to and use of the positioning is at your personal discretion and threat, and you may be solely liable for any harm to your gadget or pc system, or lack of information ensuing therefrom.

To the utmost extent permitted by regulation, however something on the contrary contained herein, our legal responsibility to you for any damages arising from or associated to this settlement, will always be restricted to a most of fifty U.S. {dollars} (u.s. $50). The existence of multiple declare won’t enlarge this restrict.  You agree that our suppliers may have no legal responsibility of any form arising from or regarding this settlement.

Some jurisdictions don’t enable the limitation or exclusion of legal responsibility for incidental or consequential damages, so the above limitation or exclusion might not apply to you.

Time period and Termination. Topic to this Part, these Phrases will stay in full drive and impact whilst you use the Website.  We might droop or terminate your rights to make use of the Website at any time for any motive at our sole discretion, together with for any use of the Website in violation of those Phrases.  Upon termination of your rights beneath these Phrases, your Account and proper to entry and use the Website will terminate instantly.  You perceive that any termination of your Account might contain deletion of your Consumer Content material related along with your Account from our dwell databases.  Firm won’t have any legal responsibility in any respect to you for any termination of your rights beneath these Phrases.  Even after your rights beneath these Phrases are terminated, the next provisions of those Phrases will stay in impact: Sections 2 by way of 2.5, Part three and Sections four by way of 10.

Copyright Coverage.

Firm respects the mental property of others and asks that customers of our Website do the identical.  In reference to our Website, we now have adopted and carried out a coverage respecting copyright regulation that gives for the elimination of any infringing supplies and for the termination of customers of our on-line Website who’re repeated infringers of mental property rights, together with copyrights.  In case you consider that considered one of our customers is, by way of using our Website, unlawfully infringing the copyright(s) in a piece, and want to have the allegedly infringing materials eliminated, the next info within the type of a written notification (pursuant to 17 U.S.C. § 512(c)) should be offered to our designated Copyright Agent:

  • your bodily or digital signature;
  • identification of the copyrighted work(s) that you simply declare to have been infringed;
  • identification of the fabric on our providers that you simply declare is infringing and that you simply request us to take away;
  • adequate info to allow us to find such materials;
  • your handle, phone quantity, and e-mail handle;
  • an announcement that you’ve got a great religion perception that use of the objectionable materials shouldn’t be licensed by the copyright proprietor, its agent, or beneath the regulation; and
  • an announcement that the data within the notification is correct, and beneath penalty of perjury, that you’re both the proprietor of the copyright that has allegedly been infringed or that you’re licensed to behave on behalf of the copyright proprietor.

Please word that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of fabric reality in a written notification routinely topics the complaining social gathering to legal responsibility for any damages, prices and lawyer’s charges incurred by us in reference to the written notification and allegation of copyright infringement.

Common

These Phrases are topic to occasional revision, and if we make any substantial modifications, we might notify you by sending you an e-mail to the final e-mail handle you offered to us and/or by prominently posting discover of the modifications on our Website.  You’re liable for offering us along with your most present e-mail handle.  Within the occasion that the final e-mail handle that you’ve got offered us shouldn’t be legitimate our dispatch of the e-mail containing such discover will nonetheless represent efficient discover of the modifications described within the discover.  Any modifications to those Phrases might be efficient upon the earliest of thirty (30) calendar days following our dispatch of an e-mail discover to you or thirty (30) calendar days following our posting of discover of the modifications on our Website.  These modifications might be efficient instantly for brand spanking new customers of our Website.  Continued use of our Website following discover of such modifications shall point out your acknowledgement of such modifications and settlement to be sure by the phrases and circumstances of such modifications. Dispute Decision. Please learn this Arbitration Settlement fastidiously. It’s a part of your contract with Firm and impacts your rights.  It accommodates procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Settlement. All claims and disputes in reference to the Phrases or using any services or products offered by the Firm that can not be resolved informally or in small claims courtroom shall be resolved by binding arbitration on a person foundation beneath the phrases of this Arbitration Settlement.  Except in any other case agreed to, all arbitration proceedings shall be held in English.  This Arbitration Settlement applies to you and the Firm, and to any subsidiaries, associates, brokers, workers, predecessors in curiosity, successors, and assigns, in addition to all licensed or unauthorized customers or beneficiaries of providers or items offered beneath the Phrases.

Discover Requirement and Casual Dispute Decision. Earlier than both social gathering might search arbitration, the social gathering should first ship to the opposite social gathering a written Discover of Dispute describing the character and foundation of the declare or dispute, and the requested aid.  A Discover to the Firm must be despatched to: Beautyum Web Non-public Restricted, 4517 Rardin Drive, San Carlos, CA. After the Discover is acquired, you and the Firm might try and resolve the declare or dispute informally.  In case you and the Firm don’t resolve the declare or dispute inside thirty (30) days after the Discover is acquired, both social gathering might start an arbitration continuing.  The quantity of any settlement supply made by any social gathering might not be disclosed to the arbitrator till after the arbitrator has decided the quantity of the award to which both social gathering is entitled.

Arbitration Guidelines. Arbitration shall be initiated by way of the American Arbitration Affiliation, a longtime various dispute decision supplier that gives arbitration as set forth on this part.  If AAA shouldn’t be accessible to arbitrate, the events shall agree to pick an alternate ADR Supplier.  The foundations of the ADR Supplier shall govern all facets of the arbitration besides to the extent such guidelines are in battle with the Phrases.  The AAA Client Arbitration Guidelines governing the arbitration can be found on-line at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be performed by a single, impartial arbitrator.  Any claims or disputes the place the full quantity of the award sought is lower than Ten Thousand U.S. {Dollars} (US $10,000.00) could also be resolved by way of binding non-appearance-based arbitration, on the possibility of the social gathering searching for aid.  For claims or disputes the place the full quantity of the award sought is Ten Thousand U.S. {Dollars} (US $10,000.00) or extra, the suitable to a listening to might be decided by the Arbitration Guidelines.  Any listening to might be held in a location inside 100 miles of your residence, until you reside exterior of the USA, and until the events agree in any other case.  In case you reside exterior of the U.S., the arbitrator shall give the events cheap discover of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator could also be entered in any courtroom of competent jurisdiction.  If the arbitrator grants you an award that’s larger than the final settlement supply that the Firm made to you previous to the initiation of arbitration, the Firm can pay you the larger of the award or $2,500.00.  Every social gathering shall bear its personal prices and disbursements arising out of the arbitration and shall pay an equal share of the charges and prices of the ADR Supplier.

Extra Guidelines for Non-Look Primarily based Arbitration. If non-appearance primarily based arbitration is elected, the arbitration shall be performed by phone, on-line and/or primarily based solely on written submissions; the precise method shall be chosen by the social gathering initiating the arbitration.  The arbitration shall not contain any private look by the events or witnesses until in any other case agreed by the events.

Time Limits. In case you or the Firm pursues arbitration, the arbitration motion should be initiated and/or demanded throughout the statute of limitations and inside any deadline imposed beneath the AAA Guidelines for the pertinent declare.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will determine the rights and liabilities of you and the Firm, and the dispute won’t be consolidated with every other issues or joined with every other circumstances or events.  The arbitrator shall have the authority to grant motions dispositive of all or a part of any declare.  The arbitrator shall have the authority to award financial damages, and to grant any non-monetary treatment or aid accessible to a person beneath relevant regulation, the AAA Guidelines, and the Phrases.  The arbitrator shall difficulty a written award and assertion of determination describing the important findings and conclusions on which the award is predicated.  The arbitrator has the identical authority to award aid on a person foundation {that a} choose in a courtroom of regulation would have.  The award of the arbitrator is remaining and binding upon you and the Firm.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as an alternative electing that every one claims and disputes shall be resolved by arbitration beneath this Arbitration Settlement.  Arbitration procedures are sometimes extra restricted, extra environment friendly and cheaper than guidelines relevant in a courtroom and are topic to very restricted assessment by a courtroom.  Within the occasion any litigation ought to come up between you and the Firm in any state or federal courtroom in a swimsuit to vacate or implement an arbitration award or in any other case, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, as an alternative electing that the dispute be resolved by a choose.

Waiver of Class or Consolidated Actions. All claims and disputes throughout the scope of this arbitration settlement should be arbitrated or litigated on a person foundation and never on a category foundation, and claims of multiple buyer or person can’t be arbitrated or litigated collectively or consolidated with these of every other buyer or person.

Confidentiality. All facets of the arbitration continuing shall be strictly confidential.  The events agree to keep up confidentiality until in any other case required by regulation.  This paragraph shall not forestall a celebration from submitting to a courtroom of regulation any info essential to implement this Settlement, to implement an arbitration award, or to hunt injunctive or equitable aid.

Severability. If any half or components of this Arbitration Settlement are discovered beneath the regulation to be invalid or unenforceable by a courtroom of competent jurisdiction, then such particular half or components shall be of no drive and impact and shall be severed and the rest of the Settlement shall proceed in full drive and impact.

Proper to Waive. Any or the entire rights and limitations set forth on this Arbitration Settlement could also be waived by the social gathering in opposition to whom the declare is asserted.  Such waiver shall not waive or have an effect on every other portion of this Arbitration Settlement.

Survival of Settlement. This Arbitration Settlement will survive the termination of your relationship with Firm.

Small Claims Courtroom. Nonetheless the foregoing, both you or the Firm might convey a person motion in small claims courtroom.

Emergency Equitable Reduction. Anyhow the foregoing, both social gathering might search emergency equitable aid earlier than a state or federal courtroom with the intention to keep the established order pending arbitration.  A request for interim measures shall not be deemed a waiver of every other rights or obligations beneath this Arbitration Settlement.

Claims Not Topic to Arbitration. However the foregoing, claims of defamation, violation of the Laptop Fraud and Abuse Act, and infringement or misappropriation of the opposite social gathering’s patent, copyright, trademark or commerce secrets and techniques shall not be topic to this Arbitration Settlement.

In any circumstances the place the foregoing Arbitration Settlement permits the events to litigate in courtroom, the events hereby conform to undergo the non-public jurisdiction of the courts positioned inside Netherlands County, California, for such functions.

The Website could also be topic to U.S. export management legal guidelines and could also be topic to export or import laws in different international locations. You agree to not export, re-export, or switch, instantly or not directly, any U.S. technical information acquired from Firm, or any merchandise using such information, in violation of the USA export legal guidelines or laws.

Firm is positioned on the handle in Part 10.8. If you’re a California resident, it’s possible you’ll report complaints to the Grievance Help Unit of the Division of Client Product of the California Division of Client Affairs by contacting them in writing at 400 R Avenue, Sacramento, CA 95814, or by phone at (800) 952-5210.

Digital Communications. The communications between you and Firm use digital means, whether or not you employ the Website or ship us emails, or whether or not Firm posts notices on the Website or communicates with you through electronic mail. For contractual functions, you (a) consent to obtain communications from Firm in an digital kind; and (b) agree that every one phrases and circumstances, agreements, notices, disclosures, and different communications that Firm offers to you electronically fulfill any authorized obligation that such communications would fulfill if it have been be in a tough copy writing.

Complete Phrases. These Phrases represent your complete settlement between you and us concerning using the Website. Our failure to train or implement any proper or provision of those Phrases shall not function as a waiver of such proper or provision. The part titles in these Phrases are for comfort solely and haven’t any authorized or contractual impact. The phrase “together with” means “together with with out limitation”. If any provision of those Phrases is held to be invalid or unenforceable, the opposite provisions of those Phrases might be unimpaired and the invalid or unenforceable provision might be deemed modified in order that it’s legitimate and enforceable to the utmost extent permitted by regulation.  Your relationship to Firm is that of an impartial contractor, and neither social gathering is an agent or companion of the opposite.  These Phrases, and your rights and obligations herein, might not be assigned, subcontracted, delegated, or in any other case transferred by you with out Firm’s prior written consent, and any tried task, subcontract, delegation, or switch in violation of the foregoing might be null and void.  Firm might freely assign these Phrases.  The phrases and circumstances set forth in these Phrases shall be binding upon assignees.

 

Copyright/Trademark Info. Copyright ©. All rights reserved.  All logos, logos and repair marks displayed on the Website are our property or the property of different third-parties. You aren’t permitted to make use of these Marks with out our prior written consent or the consent of such third social gathering which can personal the Marks.

Contact Info

Handle: Beautyum Web Non-public Restricted, 4517 Rardin Drive, San Carlos, CA

E-mail: retailer@www.beautyum.com