Conditions
of Use
Terms of Use Agreement
Welcome to our Web site. By using our site, you are agreeing
to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not
agree to these terms, you should not use this site. The term “BeautyFavs” or “us” or “we” or “our” refers
to BeautyFavs, the owner of the Web site.The term “you” refers
to the user or viewer of our Web Site.
Acceptance of Agreement
You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement") with respect to our
site (the "Site"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
Copyright
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related
to
the Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such
information and materials. Some of the content on the site is
the copyrighted work of third parties.
Service Marks
" beautyfavs.com" and others are our service
marks or registered service marks or trademarks. Other product
and
company names mentioned on the Site may be trademarks of their
respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the
Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in
any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access
and use of the Site and any information, materials or documents
(collectively defined as “Content
and Materials”) therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except
for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means
all or any portion of the Site or any Content and Materials retrieved
therefrom; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information, storage
and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site;
(d) use any Content and Materials from the Site in any manner
that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or
developed in the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h)
use any automatic or manual process to harvest information from
the Site; (i) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use the Site in a manner
that violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export or re-export
the Site or any portion thereof, or any software available on
or through the Site, in violation of the export control laws
or regulations of the United States.
Linking to the Site
You may provide links to the Site, provided
(a) that you do not remove or obscure, by framing or otherwise,
advertisements,
the copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities, and
(c) you discontinue providing links to the Site immediately upon
request by us.
Advertisers
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that material
submitted
for inclusion on the Site is accurate and complies with applicable
laws. We are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser’s or sponsor’s
materials.
Registration
Certain sections of, or offerings from, the Site
may require you to register. If registration is requested, you
agree to provide
us with accurate, complete registration information. Your registration
must be done using your real name and accurate information. Each
registration is for your personal use only and not on behalf
of any other person or entity. We do not permit (a) any other
person using the registered sections under your name; or (b)
access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized
use
Errors, Corrections and Changes
We do not represent or warrant
that the Site will be error-free, free of viruses or other harmful
components, or that defects
will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information
or other content appearing on the Site.
Third Party Content
Third party content may appear on the Site
or may be accessible via links from the Site. We are not responsible
for and assume
no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in
the statements, opinions, representations or any other form of
content on the Site. You understand that the information and
opinions in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it necessarily
reflect our belief.
Unlawful Activity
We reserve the right to investigate complaints
or reported violations of this Agreement and to take any action
we deem appropriate,
including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic information.
Indemnification
You agree to indemnify, defend and hold us and
our partners, agents, officers, directors, employees, subcontractors,
successors,
assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement
or use of the Site.
Nontransferable
Your right to use the Site is not transferable
or assignable. Any password or right given to you to obtain information
or documents
is not transferable or assignable.
Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT
AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
Limitation of Liability
We and any Affiliated Party shall not
be liable for any loss, injury, claim, liability, or damage of
any kind resulting in
any way from (a) any errors in or omissions from the Site or
any services or products obtainable therefrom, (b) the unavailability
or interruption of the Site or any features thereof, (c) your
use of the Site, (d) the content contained on the Site, or (e)
any delay or failure in performance beyond the control of a Covered
Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE
SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
Use of Information
We reserve the right, and you authorize us,
to the use and assignment of all information regarding Site uses
by you and all information
provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and
nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and
copyright.
Third-Party Services
We may allow access to or advertise certain
third-party product or service providers ("Merchants")
from which you may purchase certain goods or services. You understand
that we do
not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies
All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to
you while on any Merchant
sites. We are not responsible for information provided by you
to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or
commitments on behalf of the other.
Privacy Policy
Our Privacy Policy, as it may change from time
to time, is a part of this Agreement. You must review this Privacy
Policy by
clicking on this link.
Payments
You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit information
you
supply is true and complete, (ii) charges incurred by you will
be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
applicable taxes.
Securities Laws
The Site may include statements concerning our
operations, prospects, strategies, financial condition, future
economic performance
and demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and
service offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and
similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or
documents.
Links to other Web Sites
The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions
express in such Web sites,
and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property
of others, and we ask you to do the same. If you believe that
your work has been copied
in a way that constitutes copyright infringement, please provide
our Copyright Agent the following information:
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
A description
of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing
is located on the Site;
Your address, telephone number, and email
address;
A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law; and
A statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright
Agent at customerservice@beautyfavs.com
Information and Press Releases
The Site contains information and
press releases about us. We disclaim any duty or obligation to
update this information or
any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
Legal Compliance
You agree to comply with all applicable domestic
and international laws, statutes, ordinances and regulations
regarding your use
of the Site and the Content and Materials provided therein.
Refund and Return Policy
To the extent that you purchase any
goods or services directly from us, we will refund you your purchase
price within 30 days
of you notifying us in writing of your desire for the refund,
together with the reason for the request, with the product or
service returned to us in substantially the same condition as
when purchased. Please note, however, that certain products and
services mentioned on our site are sold by third parties or are
linked to third party Web sites, and we have no responsibility
or liability for those products or services. You may request
a refund by contacting us by email at customerservice@beautyfavs.com.
You may obtain any additional information concerning our refund
and return policy, including our mailing address, by contacting
us at customerservice@beautyfavs.com.
Miscellaneous
This Agreement shall be treated as though it were
executed and performed in New York, New York, and shall be governed
by and
construed in accordance with the laws of the State of New York
(without regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any information,
Documents, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations
set forth in Section 16 and Section 17. The language in this
Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event of
an acquisition, sale or merger. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce
such provision. Our rights under this Agreement shall survive
any termination of this Agreement.
