Date of Last Revision: February 8, 2017
Statements of Rights and Responsibilities
This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
Please make sure to read this agreement, because your use of this site is consent to these Terms. If you do not agree to any of these Terms, you should stop using the Beauty Advisor Platform.
1. Using the Beauty Advisor Platform
You may use our Services only if you can form a binding contract with Beauty Advisor, and only in compliance with these Terms and all applicable laws. When you create your Beauty Advisor account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades.
2. Our License to You
Subject to these Terms and our Policies, we grant you a limited, non-exclusive license to use and access our content and materials in connection with your use of the Beauty Advisor platform. Except as expressly agreed to otherwise by us (such as your eligibility for the creation of an Expert Profile or your entering into a vendor, seller, advertiser, or other agreement with us), your use of the Beauty Advisor Platform must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
3. Definition of Your Content
The Beauty Advisor Platform enables you to post content, including without limitation photos, videos, articles, and advice. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All content that you display on the Beauty Advisor Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Beauty Advisor Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content and that no ownership of such copyrights is transferred to us under this agreement. We will use commercially reasonable efforts to maintain the attribution of such content as submitted by you, and will not license or sublicense to third parties except in each case for Beauty Advisor Business Purposes. “Beauty Advisor Business Purposes” means any use in connection with a Beauty Advisor-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Beauty Advisor Platform, the services or the information it contains, Beauty Advisor, or its affiliates.
5. Your Responsibilities for Your Content
By posting Your Content on the Beauty Advisor Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.
6. Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
7. Removing Your Content
Following termination or deactivation of your account, or if you remove Your Content from Beauty Advisor, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Beauty Advisor and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, and distribute any ofYour Content that other users have saved or shared through Beauty Advisor.
We value feedback from our users and are always interested in learning about ways we can make Beauty Advisor better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Beauty Advisor does not waive any rights to use similar or related Feedback previously known to Beauty Advisor, or developed by its employees, or obtained from sources other than you. Feedback may be provided through Beauty Advisor’s Help Center.
9. Your Intellectual Property Rights
Beauty Advisor has adopted and implemented the Beauty Advisor Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, Beauty Advisor cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our Terms of Service, Policies, and applicable law.
10. Third-Party Sites
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Beauty Advisor. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Beauty Advisor, you do so at your own risk and you agree that Beauty Advisor will have no liability arising from your use of or access to any third-party website, service, or content.
11. Disclaimers and Limitations of Liability
The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
Beauty Advisor takes no responsibility and assumes no liability for any content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, BEAUTY ADVISOR WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT BEAUTY ADVISOR SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF BEAUTY ADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. YOUR USE OF THE SITE, CONTENT, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold Beauty Advisor and it's directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to any allegation that any content you submit to us or transmit to the Beauty Advisor Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (b) your activities in connection with the Beauty Advisor Platform or other websites to which the Beauty Advisor Platform is linked; and/or (c) your negligent or willful misconduct.
13. Dispute Resolution
- Arbitration. You and Beauty Advisor agree that any dispute, claim or controversy arising out of or relating to this agreement or to your use of the Beauty Advisor Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Beauty Advisor each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Beauty Advisor agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding.
- Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
- Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
- Arbitration Location and Procedure. Unless you and Beauty Advisor agree otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Beauty Advisor submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. For claims that exceed $10,000 and involve a hearing, you may elect for the hearing be conducted by telephone.
- Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
- Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
14. Notification Procedures and changes to these Terms
Beauty Advisor reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted here and/or on Beauty Advisor. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms, you should stop using the Beauty Advisor Platform.
These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Beauty Advisor without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16. Entire Agreement/Severability
17. No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Beauty Advisor’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Feel free to contact us by visiting our Help Center with any questions about this agreement. The Beauty Advisor Platform is operated by:
- Beauty Advisor LLC.
380 Hamilton Ave. #1001
Palo Alto, CA 94302
Date of Last Revision: February 7, 2017