Last Updated: August 15, 2022
Welcome to Beautyocracy. Please read onto learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”), including, without limitation, any request to receive information about, or to purchase any of the Products (as defined below) made available through our website(s). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Address: 340 S. Lemon Avenue #8432, Walnut, CA 91789
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THEFOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTESDESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREETHAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUALARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUITOR CLASS-WIDE ARBITRATION.
We are constantly trying to improve ourServices, so these Terms may need to change along with our Services. We reservethe right to change the Terms at any time, but if we do, we will place a noticeon our site located at https://www.beautyocracy.com/, send you an email, and/or notify you by some other means, such as through our mobile applications.
If you don’t agree with the new Terms,you are free to reject them; unfortunately, that means you will no longer beable to use the Services. If you use the Services in any way after a change tothe Terms is effective, that means you agree to all of the changes.
Except for changes by us as describedhere, no other amendment or modification of these Terms will be effectiveunless in writing and signed by both you and us.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parentalconsent before they knowingly collect personally identifiable informationonline from children who are under 16 years of age. We do not knowingly collector solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt toregister for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 yearsof age, we will delete that information as quickly as possible. If you believethat a child under 16 years of age may have provided us personal information,please contact us at firstname.lastname@example.org.
You may be required to sign up for anaccount, select a password and user name (“Beautyocracy User ID”), and provideus with certain information or data, such as your contact information. Youpromise to provide us with accurate, complete, and updated registrationinformation about yourself. You may not select as your Beautyocracy User ID aname that you do not have the right to use, or another person’s name with theintent to impersonate that person. You may not transfer your account to anyoneelse without our prior written permission.
Additionally, you may be able to accesscertain parts or features of the Services by using your account credentialsfrom other services (each, a “Third Party Account”), such as those offered byGoogle and Facebook. By using the Services through a Third Party Account, youpermit us to access certain information from such account for use by theServices. You are ultimately in control of how much information is accessibleto us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you arean individual of legal age to form a binding contract (or if not, you’vereceived your parent’s or guardian’s permission to use the Services and havegotten your parent or guardian to agree to these Terms on your behalf). Ifyou’re agreeing to these Terms on behalf of an organization or entity, yourepresent and warrant that you are authorized to agree to these Terms on thatorganization’s or entity’s behalf and bind them to these Terms (in which case,the references to “you” and “your” in these Terms, except for in this sentence,refer to that organization or entity).
You will only use the Services and Products you obtain for your own internal, personal use, and not on behalf ofor for the benefit of any third party. You will comply with all laws that applyto you, your use of the Services, and your actions and omissions that relate tothe Services (for example, Brands must comply with all laws that relate to the Products(as defined below)). If your use of the Services or Products is prohibited byapplicable laws, then you aren’t authorized to use the Services. We can’t andwon’t be responsible for your using the Services or Products in a way thatbreaks the law.
You will not share your BeautyocracyUser ID, account or password with anyone, and you must protect the security ofyour Beautyocracy User ID, account, password and any other access tools orcredentials. You’re responsible for any activity associated with yourBeautyocracy User ID and account.
Connecting Brands and Buyers
Beautyocracy acts as a marketplace for users like you (“Buyer”) to interact with third party providers (“Brands”) ofbeauty products listed on the Services (“Products”). Through the Services,Buyers may view, discuss, and place orders for beauty products offered andfulfilled by Brands. We are not involved in any transactions between Buyers andBrands, and do not act as a seller, provider, merchant, procurer, or agent withrespect to any transactions between Buyers and Brands. When we use the word“you” in these Terms, it refers to any user, regardless of whether they are aBrand or Buyer, while if we use one of those specific terms, it only applies tothat category of user.
Before purchasing any Product, Buyers are responsible for reviewing the informationprovided by the Brands and making their own determinations that the Products aresuitable. If you have any questions regarding the Products, such as thereliability and quality of a Product and a Brand’s compliance with applicablelaws, you should contact the Brand directly for any such questions.
Beautyocracy is only responsible for connecting Brands and Buyers, and can’t and won’t be responsible for makingsure that Products are up to a certain standard of quality. Beautyocracysimilarly can’t and won’t be able to independently verify the credentials,representations, and statements of any Brand, the ingredients or the quality ofany Products or related services, or any Brand’s compliance with applicablelaws. Beautyocracy is not responsiblefor ensuring that information (including credentials) a Buyer or Brand providesabout themselves or about the Products they are offering is accurate orup-to-date. We don’t control the actions of any Buyer or Brand, and Brandsaren’t our employees. Beautyocracy has made every effort to display the colorsand images of the Products as accurately as possible. Beautyocracy cannotguarantee that your computer monitor's display of any color will be accurate.Beautyocracy shall not be liable or responsible for any Product or any otherservices offered by the Brands or any errors or misrepresentations made by them.
Beautyocracy does not directly offer or fulfill the Products. You hereby acknowledge that Beautyocracy does not supervise, direct, control, verify, or monitor the Products(including any information related to the Products available through theServices) and expressly disclaims any responsibility and liability for the Products,including but not limited to any warranty or condition of quality or fitnessfor a particular purpose, or compliance with any law, regulation, or code.
Beautyocracy reserves the right, but is not obligated, to limit (i) the sales of Products to any person, geographicregion or jurisdiction, and (ii) the quantities of any Products offered. Alldescriptions of Products or pricing are subject to change at any time withoutnotice, at our sole discretion. We reserve the right to discontinue any Productfrom the Services at any time.
You acknowledge and agree that Beautyocracy(or a third party payment processer designated by Beautyocracy) acts as the Brand’spayment collection agent solely for the limited purpose of accepting paymentsfrom Buyers on behalf of the Brand. You agree to be bound by any terms andconditions that may be imposed by such third party payment processor whenmaking payments to a Brand through the Services.
In order to make purchases, Buyers mustprovide accurate and complete information for a valid payment method, such as acredit card, that such Buyer is authorized to use. Buyers must promptly update theiraccount with any changes related to your payment method or contact information. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE BEAUTYOCRACY ORITS AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A)AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE TAXES; AND (C)ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES.
Pricing or availability errors mayoccur from time to time. Each final price is determined by or based on a pricesupplied by the Brand offering a Product for sale. Brands are obligated toprovide accurate information, but we have no way to guarantee the truth oraccuracy of information in Product listings. If comparison price is animportant factor in your purchasing decision, you should do your own researchand comparisons before making a purchase. Beautyocracy reserves the right tocancel any orders containing pricing or availability errors, with no furtherobligations to Buyer, even after Buyer’s receipt of an order confirmation orshipping notice. Pricing for Products may be different in different apps orplatforms that we operate and also vary based on other factors, includinglocation, time, and purchase patterns. In the event that we make a change to orcancel an order, we may attempt to notify you by contacting the e-mail and/orbilling address/phone number associated with your account or provided at thetime the order was made. We reserve the right to limit or prohibit orders that,in our sole judgment, appear to be placed by dealers, resellers ordistributors.
For information on returns or othercustomer service inquiries, please see our FAQ page<LINK>.
As part of the Services, you may receive communications through the Services, including messages that Beautyocracy and/or Brands may send you (forexample, via email or chat). When signing up for the Services, you will receivea welcome message and instructions on how to stop receiving messages.
You represent, warrant, and agree thatyou will not provide or contribute anything, including any Content or UserSubmission (as those terms are defined below), to the Services, or otherwiseuse or interact with the Services, in a manner that:
(a) infringes or violates the intellectual property rights orany other rights of anyone else (including Beautyocracy);
(b) violates any law or regulation, including, without limitation,any applicable export control laws, privacy laws or any other purpose notreasonably intended by Beautyocracy;
(c) is dangerous, harmful, fraudulent, deceptive, threatening,harassing, defamatory, obscene, or otherwise objectionable;
(d) jeopardizes the security of your Beautyocracy User ID,account or anyone else’s (such as allowing someone else to log in to theServices as you);
(e) attempts, in any manner, to obtain the password, account, orother security information from any other user;
(f) violates the security of any computer network, or cracks anypasswords or security encryption codes;
(g) runs Maillist, Listserv, any form of auto-responder or“spam” on the Services, or any processes that run or are activated while youare not logged into the Services, or that otherwise interfere with the properworking of the Services (including by placing an unreasonable load on theServices’ infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portionof or relating to the Services or Content (through use of manual or automatedmeans);
(i) copies or stores any significant portion of the Content; or
(j) decompiles, reverse engineers, or otherwise attempts toobtain the source code or underlying ideas or information of or relating to theServices.
A violation of any of the foregoing isgrounds for termination of your right to use or access the Services.
No Brand may collect any informationfrom or relating to Buyers (“Buyer Information”), whether via the Services, inthe course of offering Products, or otherwise, beyond what is necessary tooffer the Products for the applicable Buyer from or about whom such BuyerInformation was collected. Brands also must not use any Buyer Informationbeyond what is necessary to offer the Products for such applicable Buyer. Uponthe conclusion of offering the Products to a Buyer (or otherwise upon therequest of such Buyer or Beautyocracy), Brand must properly destroy all BuyerInformation from or relating to such Buyer and make no further use of itwhatsoever. Brands must collect, use, maintain, and transmit all Buyer Informationin compliance with all applicable laws.
The materials displayed or performed oravailable on or through the Services, including, but not limited to, text,graphics, data, articles, photos, images, illustrations, User Submissions (asdefined below) and so forth (all of the foregoing, the “Content”) are protectedby copyright and/or other intellectual property laws. You promise to abide byall copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and except as otherwise setforth herein, you won’t use, copy, reproduce, modify, translate, publish,broadcast, transmit, distribute, perform, upload, display, license, sell,commercialize or otherwise exploit for any purpose any Content not owned byyou, (i) without the prior consent of the owner of that Content or (ii) in away that violates someone else’s (including Beautyocracy's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable andnon-transferable license to use (i.e., to download and display locally) Contentsolely for purposes of using the Services. Use, reproduction, modification,distribution or storage of any Content for any purpose other than using theServices is expressly prohibited without prior written permission from us. Youunderstand that Beautyocracy owns the Services. You won’t modify, publish,transmit, participate in the transfer or sale of, reproduce (except as expresslyprovided in this Section), create derivative works based on, or otherwiseexploit any of the Services. The Services may allow you to copy, share ordownload certain Content, but please remember that even where thesefunctionalities exist, all the restrictions in this section still apply.
Anything you post, upload, share,store, or otherwise provide through the Services is your “User Submission”,including any messages you send to other users of the Services. Some UserSubmissions may be viewable and sharable by other users. You are solelyresponsible for all User Submissions you contribute to the Services. Yourepresent that all User Submissions submitted by you are accurate, complete,up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post,upload, share, store, or otherwise provide through the Services any User Submissionsthat: (i) infringe any third party's copyrights or other rights (e.g.,trademark, privacy rights, etc.); (ii) contain sexually explicit content orpornography; (iii) contain hateful, defamatory, or discriminatory content orincite hatred against any individual or group; (iv) exploit minors; (v) depictunlawful acts or extreme violence; (vi) depict animal cruelty or extremeviolence towards animals; (vii) promote fraudulent schemes, multi-levelmarketing (MLM) schemes, get rich quick schemes, online gaming and gambling,cash gifting, work from home businesses, or any other dubious money-makingventures; (viii) contain false or misleading content; (ix) impersonate ormisrepresent a user’s affiliation with any person or organization; or (x) thatviolate any law.
Ratings, reviews, photos, videos andother User Submissions about Products and Brands are not endorsed by Beautyocracyand do not represent the views of Beautyocracy. Beautyocracy does not assumeliability for User Submissions or for any claims for economic loss resultingfrom such ratings and reviews. Because we expect users to maintain a high levelof integrity with respect to ratings and reviews posted through the Services,you agree to: (i) base any rating or review you post only on your firsthandexperience with the applicable Brand or Product; (ii) not provide a rating orreview for any Brand or Product with respect to which you have a competitive,ownership, or other economic interest, employment relationship, or other affiliation;(iii) prominently indicate if your review was sponsored or paid for in any way;and (iv) ensure your review complies with these Terms. We reserve the right toexclude User Submissions for any reason or no reason, without notice to you.For example, we may exclude User Submissions if we determine, in our solediscretion, that any rating or review could diminish the integrity of theratings and reviews.
You agree that if you participate in a Beautyocracy community or group and get special access to features or Products or receive free Products directly from Beautyocracy, and you want to post publicly about those free Products and your experiences with them, then you shall: (a) writehonestly about your actual experience with the Product; and (b) disclose allmaterial information, such as (where applicable) that you received the Productfor free.
By submitting User Submissions throughthe Services, you hereby do and shall grant Beautyocracy a worldwide,non-exclusive, perpetual, royalty-free, fully paid, sublicensable andtransferable license to use, edit, modify, truncate, aggregate, reproduce, distribute,prepare derivative works of, display, perform, and otherwise fully exploit theUser Submissions in connection with this site, the Services and our (and oursuccessors’ and assigns’) businesses, including without limitation forpromoting and redistributing part or all of this site or the Services (andderivative works thereof) in any media formats and through any media channels(including, without limitation, third party websites and feeds), and includingafter your termination of your account or the Services as further describedbelow. You also hereby do and shall grant each user of this site and/or theServices a non-exclusive, perpetual license to access your User Submissionsthrough this site and/or the Services, and to use, edit, modify, reproduce,distribute, prepare derivative works of, display and perform such UserSubmissions, including after your termination of your account or the Services.For clarity, the foregoing license grants to us and our users do not affectyour other ownership or license rights in your User Submissions, including theright to grant additional licenses to your User Submissions, unless otherwiseagreed in writing. You represent and warrant that you have all rights to grantsuch licenses to us without infringement or violation of any third partyrights, including without limitation, any privacy rights, publicity rights,copyrights, trademarks, contract rights, or any other intellectual property orproprietary rights.
Certain featuresof the Services allow you to share information with others, including throughyour social networks or other Third Party Accounts. When Content is authorizedfor sharing, we will clearly identify the Content you are authorized toredistribute and the ways you may redistribute it, usually by providing a“share” button on or near the Content. If you share information from theServices with others through your Third Party Accounts, such as your socialnetworks, you authorize Beautyocracy to share that information with theapplicable Third Party Account provider. Please review the policies of anyThird Party Account providers you share information with or through foradditional information about how they may use your information. If you redistributeContent, you must be able to edit or delete any Content you redistribute, andyou must edit or delete it promptly upon our request.
Following termination or deactivationof your account, or if you remove any User Submissions from the Services, wemay keep your User Submissions for a reasonable period of time for backup,archival, or audit purposes. Beautyocracy and its users may retain and continueto use, store, display, reproduce, re-post, modify, create derivative works,perform, and distribute any of your User Submissions that other users havestored on or shared or through the Services.
Finally, you understand and agree thatBeautyocracy, in performing the required technical steps to provide theServices to our users (including you), may need to make changes to your UserSubmissions to conform and adapt those User Submissions to the technicalrequirements of connection networks, devices, services, or media, and theforegoing licenses include the rights to do so.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibilityof the person from whom such Content originated, and you access all suchinformation and Content at your own risk, and we aren’t liable for any errorsor omissions in that information or Content or for any damages or loss youmight suffer in connection with it. We cannot control and have no duty to takeany action regarding how you may interpret and use the Content or what actionsyou may take as a result of having been exposed to the Content, and you herebyrelease us from all liability for you having acquired or not acquired Contentthrough the Services. We can’t guarantee the identity of any users with whomyou interact in using the Services and are not responsible for which users gainaccess to the Services.
You are responsible for all Content youcontribute, in any manner, to the Services, and you represent and warrant youhave all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-partywebsites or services that are not owned or controlled by Beautyocracy. When youaccess third-party websites or use third-party services, you accept that thereare risks in doing so, and that Beautyocracy is not responsible for such risks.
If there is a dispute between participants (including anyBuyer or Brand) on this site or Services, or between users and any third party,you agree that Beautyocracy is under no obligation to become involved. In theevent that you have a dispute with one or more other users or any Brand, yourelease Beautyocracy, its directors, officers, employees, agents, andsuccessors from claims, demands, and damages of every kind or nature, known orunknown, suspected or unsuspected, disclosed or undisclosed, arising out of orin any way related to such disputes and/or our Services. You shall and herebydo waive California Civil Code Section 1542 or any similar law of anyjurisdiction, which says in substance: “A general release does not extend toclaims that the creditor or releasing party does not know or suspect to existin his or her favor at the time of executing the release and that, if known byhim or her, would have materially affected his or her settlement with thedebtor or released party.”
We’re always trying to improve ourServices, so they may change over time. We may suspend or discontinue any partof the Services, or we may introduce new features or impose limits on certainfeatures or restrict access to parts or all of the Services. We’ll try to giveyou notice when we make a material change to the Services that would adverselyaffect you, but this isn’t always practical. We reserve the right to remove anyContent from the Services at any time, for any reason (including, but notlimited to, if someone alleges you contributed that Content in violation ofthese Terms), in our sole discretion, and without notice.
Other than any Products you purchasethrough the Services, the Services are currently free, but we reserve the rightto charge for certain or all Services in the future. We will notify you beforeany Services you are then using begin carrying a fee, and if you wish tocontinue using such Services, you must pay all applicable fees for suchServices.
You’re free to do that at any time bycontacting us at email@example.com; please refer to our PrivacyPolicy<LINK>,as well as the licenses above, to understand how we treat information youprovide to us after you have stopped using our Services.
Beautyocracy is also free to terminate(or suspend access to) your use of the Services or your account for any reasonin our discretion, including your breach of these Terms. Beautyocracy has thesole right to decide whether you are in violation of any of the restrictionsset forth in these Terms; for example, a Buyer who believes that a Brand may bein breach of these Terms is not able to enforce these Terms against that Brand.
Account termination may result indestruction of any Content associated with your account, so keep that in mindbefore you decide to terminate your account.
If you have deleted your account bymistake, contact us immediately at firstname.lastname@example.org – we will try tohelp, but unfortunately, we can’t promise that we can recover or restoreanything.
Provisions that, by their nature,should survive termination of these Terms shall survive termination. By way ofexample, all of the following will survive termination: any obligation you haveto indemnify us, any limitations on our liability, any terms regardingownership or intellectual property rights, and terms regarding disputes betweenus, including without limitation the arbitration agreement.
These Terms apply to your use of allthe Services, including our iOS applications (the “Application”) available viathe Apple, Inc. (“Apple”) App Store, but the following additional terms alsoapply to the Application:
(a) Both you and Beautyocracyacknowledge that the Terms are concluded between you and Beautyocracy only, andnot with Apple, and that Apple is not responsible for the Application or theContent;
(b) The Application is licensedto you on a limited, non-exclusive, non-transferrable, non-sublicensable basis,solely to be used in connection with the Services for your private, personal,non-commercial use, subject to all the terms and conditions of these Terms asthey are applicable to the Services;
(c) You will only use theApplication in connection with an Apple device that you own or control;
(d) You acknowledge and agreethat Apple has no obligation whatsoever to furnish any maintenanceand support services with respect to the Application;
(e) In the event of any failure of the Applicationto conform to any applicable warranty, including those implied by law, you maynotify Apple of such failure; upon notification, Apple’s sole warrantyobligation to you will be to refund to you the purchase price, if any, of theApplication;
(f) You acknowledge and agreethat Beautyocracy, and not Apple, is responsible for addressing any claims you or any third party may have in relation to theApplication;
(g) You acknowledge and agreethat, in the event of any third-party claim that the Application or yourpossession and use of the Application infringes that third party’s intellectualproperty rights, Beautyocracy, and not Apple, will beresponsible for the investigation, defense, settlement and discharge of anysuch infringement claim;
(h) You represent and warrant that you are notlocated in a country subject to a U.S. Government embargo, or that has beendesignated by the U.S. Government as a “terrorist supporting” country, and thatyou are not listed on any U.S. Government list of prohibited or restrictedparties;
(i) Both you and Beautyocracyacknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement whichmay affect or be affected by such use; and
(j) Both you and Beautyocracy acknowledgeand agree that Apple and Apple’s subsidiaries are third-party beneficiaries ofthese Terms, and that upon your acceptance of these Terms, Apple will have theright (and will be deemed to have accepted the right) to enforce these Termsagainst you as the third-party beneficiary hereof.
Beautyocracy may make points (“Points”)available to you for completing certain actions on the Services from time totime and in our sole discretion (“Rewards Programs”). Such Points may beredeemed for certain rewards and incentives offered through the Services.
From time to time, Beautyocracy mayoffer Points for referring others to the Services as a part of a RewardsProgram (a “Referral Program”). The referring user (“Referrer”) may referindividuals or entities who are not current registered users of the Services(“Referee”). A registered user is a person or entity that already has anexisting account with Beautyocracy. There is no limit to the number ofreferrals that Referrer can make, nor the cumulative Points that the Referrermay receive through such Referral Program, unless otherwise indicated. Referrerwill receive the stated Points for each Referee sent by the Referrer thatcompletes the required action described in that specific offer (such as signingup for an account or making a purchase). All Referees must be first-timerecipients of the offer, and multiple referrals to the same individual orentity will be disregarded.
Beautyocracy reserves the right tomodify or terminate any Rewards Program at any time and to revoke yourparticipation in any Rewards Program at Beautyocracy's discretion for anyreason or for no reason whatsoever. IfBeautyocracy determines that you or any Referee is attempting to obtain unfairadvantage or otherwise violate the terms or spirit of any Rewards Program,Beautyocracy reserves the right to (a) revoke any Points issued to you or suchReferee and/or (b) charge the you or such Referee for any Points, rewards orincentives (1) used by you or such Referee prior to such revocation or (2)issued by Beautyocracy to any ineligible user, Referrer or Referee. The RewardsPrograms are subject to any other terms, conditions and restrictions set forthon the Services or presented on the Services in connection with such Rewards Program.
Rewards and incentives offered inexchange for Points may vary but are typically product samples or experiences.Certain rewards may be offered for a limited time, while supplies last, andprovided on a first-come, first-served basis. Rewards are subject to change,alteration, substitution, or termination by Beautyocracy in its sole discretionat any time. All Points, rewards and incentives are non-transferable, have nocash value (unless required by law) and cannot be sold, returned or exchangedfor cash, another product, gift card or e-gift certificate unless pursuant to aspecific offer from Beautyocracy. Beautyocracy is not responsible for lost,stolen or damaged rewards or incentives. You are solely responsible for anytaxes incurred by you relating to the receipt of rewards or incentives. Some rewardsand incentives may only be available to a residents of the U.S.
Warranty Disclaimer. Beautyocracyand its licensors, suppliers, partners, parent, subsidiaries or affiliatedentities, and each of their respective officers, directors, members, employees,consultants, contract employees, representatives and agents, and each of theirrespective successors and assigns (Beautyocracy and all such parties together,the “Beautyocracy Parties”) make no representations or warranties concerningthe Services, including without limitation regarding any Content contained inor accessed through the Services or any Products, and the Beautyocracy Partieswill not be responsible or liable for the accuracy, copyright compliance,legality, or decency of material contained in or accessed through the Servicesor any claims, actions, suits procedures, costs, expenses, damages orliabilities arising out of use of, or in any way related to your participationin, the Services. The Beautyocracy Parties make no representations orwarranties regarding suggestions or recommendations of services or productsoffered or purchased through or in connection with the Services, including any Products.Products and services purchased or offered (whether or not following suchrecommendations and suggestions) through the Services are provided “AS-IS” andwithout any warranty of any kind from the Beautyocracy Parties or others(unless, with respect to such others only, provided expressly and unambiguouslyin writing by a designated third party for a specific product). THE SERVICESAND CONTENT ARE PROVIDED BY BEAUTYOCRACY (AND ITSLICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THATUSE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOTALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVELIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES ANDUNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICTLIABILITY, OR OTHERWISE) SHALL ANY OF THE BEAUTYOCRACYPARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL,INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGESFOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORKSTOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANYSUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, INEXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLECONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONSMAY NOT APPLY TO YOU.
Indemnity. You agree toindemnify and hold the Beautyocracy Parties harmless from and against any andall claims, liabilities, damages (actual and consequential), losses andexpenses (including attorneys’ fees) arising from or in any way related to anyclaims relating to (a) your use of the Services (including any actions taken bya third party using your account) and any Products, and (b) your violation ofthese Terms. In the event of such a claim, suit, or action (“Claim”), we willattempt to provide notice of the Claim to the contact information we have foryour account (provided that failure to deliver such notice shall not eliminateor reduce your indemnification obligations hereunder).
Assignment. You may notassign, delegate or transfer these Terms or your rights or obligationshereunder, or your Services account, in any way (by operation of law orotherwise) without Beautyocracy's prior written consent. We may transfer,assign, or delegate these Terms and our rights and obligations without consent.
Choiceof Law. These Terms are governed by and will be construed under the Federal ArbitrationAct, applicable federal law, and the laws of the State of California, withoutregard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read thefollowing ARBITRATION AGREEMENT carefully because it requires you to arbitratecertain disputes and claims with Beautyocracy and limits the manner in whichyou can seek relief from Beautyocracy. Both you and Beautyocracy acknowledgeand agree that for the purposes of any dispute arising out of or relating tothe subject matter of these Terms, Beautyocracy's officers, directors,employees and independent contractors (“Personnel”) are third-partybeneficiaries of these Terms, and that upon your acceptance of these Terms,Personnel will have the right (and will be deemed to have accepted the right)to enforce these Terms against you as the third-party beneficiary hereof.
(a)Arbitration Rules; Applicability of Arbitration Agreement. The partiesshall use their best efforts to settle any dispute, claim, question, ordisagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shallbe a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, itshall be finally settled by binding arbitration in Los Angeles County,California. The arbitration will proceed in the English language, in accordancewith the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then ineffect, by one commercial arbitrator with substantial experience in resolvingintellectual property and commercial contract disputes. The arbitrator shall beselected from the appropriate list of JAMS arbitrators in accordance with suchRules. Judgment upon the award rendered by such arbitrator may be entered inany court of competent jurisdiction.
(b) Costs ofArbitration. The Rules will govern payment of all arbitration fees.Beautyocracy will pay all arbitration fees for claims less than seventy-fivethousand ($75,000) dollars. Beautyocracy will not seek its attorneys’ fees andcosts in arbitration unless the arbitrator determines that your claim isfrivolous.
(c) Small Claims Court;Infringement. Either you or Beautyocracy may assert claims, if theyqualify, in small claims court in Los Angeles County, California or any UnitedStates county where you live or work. Furthermore, notwithstanding theforegoing obligation to arbitrate disputes, each party shall have the right topursue injunctive or other equitable relief at any time, from any court ofcompetent jurisdiction, to prevent the actual or threatened infringement,misappropriation or violation of a party's copyrights, trademarks, tradesecrets, patents or other intellectual property rights.
(d) Waiverof Jury Trial. YOU AND BEAUTYOCRACY WAIVE ANYCONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OFA JUDGE OR JURY. You and Beautyocracy are instead choosing to have claims anddisputes resolved by arbitration. Arbitration procedures are typically morelimited, more efficient, and less costly than rules applicable in court and aresubject to very limited review by a court. In any litigation between you and Beautyocracyover whether to vacate or enforce an arbitration award, YOU AND BEAUTYOCRACY WAIVE ALL RIGHTS TO A JURY TRIAL, andelect instead to have the dispute be resolved by a judge.
(e) Waiverof Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPEOF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUALBASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOTBE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHERCUSTOMER OR USER. If however, this waiver of class or consolidated actions isdeemed invalid or unenforceable, neither you nor Beautyocracy is entitled toarbitration; instead all claims and disputes will be resolved in a court as setforth in (g) below.
(f) Opt-out.You have the right to opt out of the provisions of this Section by sendingwritten notice of your decision to opt out to the following address: 340 S.Lemon Avenue #8432, Walnut, CA 91789 postmarked within thirty (30) days offirst accepting these Terms. You must include (i) your name and residenceaddress, (ii) the email address and/or telephone number associated with youraccount, and (iii) a clear statement that you want to opt out of these Terms’arbitration agreement.
(g) ExclusiveVenue. If you send the opt-out notice in (f), and/or in any circumstanceswhere the foregoing arbitration agreement permits either you or Beautyocracy tolitigate any dispute arising out of or relating to the subject matter of theseTerms in court, then the foregoing arbitration agreement will not apply toeither party, and both you and Beautyocracy agree that any judicial proceeding(other than small claims actions) will be brought in the state or federalcourts locatedin, respectively, Los Angeles County, California, or the federal district inwhich that county falls.
(h) Severability.If the prohibition against class actions and other claims brought on behalf ofthird parties contained above is found to be unenforceable, then all of thepreceding language in this Arbitration Agreement section will be null and void.This arbitration agreement will survive the termination of your relationshipwith Beautyocracy.
Miscellaneous. You will beresponsible for paying, withholding, filing, and reporting all taxes, duties,and other governmental assessments associated with your activity in connectionwith the Services, provided that the Beautyocracy may, in its sole discretion,do any of the foregoing on your behalf or for itself as it sees fit. The failure ofeither you or us to exercise, in any way, any right herein shall not be deemeda waiver of any further rights hereunder. If any provision of these Terms arefound to be unenforceable or invalid, that provision will be limited oreliminated, to the minimum extent necessary, so that these Terms shallotherwise remain in full force and effect and enforceable. You and Beautyocracyagree that these Terms are the complete and exclusive statement of the mutualunderstanding between you and Beautyocracy, and that these Terms supersede andcancel all previous written and oral agreements, communications and otherunderstandings relating to the subject matter of these Terms. You herebyacknowledge and agree that you are not an employee, agent, partner, or jointventure of Beautyocracy, and you do not have any authority of any kind to bindBeautyocracy in any respect whatsoever.
Except as expressly setforth in the sections above regarding the Apple Application and the arbitrationagreement, you and Beautyocracy agree there are no third-party beneficiariesintended under these Terms.