Last Updated: December 3, 2015
3. Additional Restrictions.
Your use of the BeautyDNA Properties is also subject to the following restrictions:
The BeautyDNA Properties are only intended for use by users with a United States or Canadian billing address (collectively, and as applicable, the "Territory"). You understand and acknowledge that you may not sign up for, access, or attempt to access or use the BeautyDNA Properties from outside of the Territory. By using or continuing to use the BeautyDNA Properties, you represent, covenant and agree that you comply with the Territory requirements at all times.
You may not use the BeautyDNA Properties to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the BeautyDNA Properties in any way.
Because the BeautyDNA Properties include security components, special rules and policies apply. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the BeautyDNA Properties. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the BeautyDNA Properties, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose In addition, you may not attempt to gain unauthorized access to the BeautyDNA Properties or computer systems or networks connected to the BeautyDNA Properties through hacking, passwords, or data mining, and you may not use bots, spiders or intelligent software.
The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.
You acknowledge and agree that the views expressed on the BeautyDNA Properties do not necessarily reflect the views of BeautyDNA, and BeautyDNA does not support or endorse any content or materials, whether or not edited by BeautyDNA, that is posted or submitted by you or any other user.
You may be required to register as a user on the BeautyDNA Properties to access certain sites, pages and offerings (i.e., e-commerce, promotions, discounts, sweepstakes, etc.). You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the BeautyDNA Properties. If any information provided by you is untrue, inaccurate, not current or incomplete, BeautyDNA reserves the right to terminate your subscription and refuse any and all current or future use of the BeautyDNA Properties. BeautyDNA reserves the right, in its sole discretion, to terminate your registration at any time for any reason without notice.
Without limiting any of the foregoing, you agree to not use the BeautyDNA Properties to:
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful. "Stalk" another user. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. Impersonate any person or entity, including, but not limited to, a BeautyDNA official, or falsely state or otherwise misrepresent your affiliation with a person or entity. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information. Act in a manner that negatively affects other users' ability to engage and use any aspect of the BeautyDNA Properties. Intentionally or unintentionally violate any applicable local, state, national or international law. and/or Harvest, collect or store information about the users of the BeautyDNA Properties posted by others or use such information for any purpose inconsistent with the purpose contemplated hereunder.
4. Disclaimer of Professional Referrals.
BeautyDNA may provide users with a referral source for medical and/or other professionals of any kind. If you choose to use such referral tools (including without limitation, interacting with, using or seeking assistance from, any of the professionals referred to you), then to the extent available, you hereby agree and acknowledge as follows:
BeautyDNA hereby disclaims all representations and warranties of any kind with respect to any professional that is or may be featured within the BeautyDNA Properties. The professional referral materials contained within any BeautyDNA Properties are not intended to constitute to, replace or otherwise be a substitute for professional advice. We do not guaranty the accuracy, quality or availability of the referrals. Even if certain medical procedures, perspectives and products are featured within any of the BeautyDNA Properties, we do not recommend or endorse them in any capacity. Your reliance on any Content and/or referral(s) originated within the BeautyDNA Properties is at your own risk and For specific medical-related questions, please see a licensed health care professional of your choosing.
To provide users with a forum in which to identify and locate professional, BeautyDNA cannot and does not involve itself in the agreements between users and those professionals (and/or their representatives). In addition, BeautyDNA does not screen any professionals and the fact that any professional appears on the BeautyDNA Properties does not imply an endorsement of him/her. Accordingly, BeautyDNA cannot ensure the success or level of care that may be provided by any such professional. You, and not BeautyDNA, are solely responsible for assessing the integrity, honesty and trustworthiness of all professionals with whom you may communicate. In addition, a provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding his/her insurance affiliations.
5. External Links Disclaimer.
The BeautyDNA Properties routinely contain links to external, third party websites. By providing links to other sites, BeautyDNA does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question.
BeautyDNA does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to any BeautyDNA Properties assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator.
6. Communications Policy.
BeautyDNA, at its discretion shares your contact information, including your telephone number, with a business partner so they may provide you with related information and promotions. BeautyDNA hereby disclaims responsibility for any representations, warranties, or offers made by such business partners, and such referrals for more information do not constitute an endorsement of any products offered by such business partners. Nor is BeautyDNA responsible for the information policies or practices of such business partners.
If you have provided us with a telephone number, then you authorize BeautyDNA (or any business partner who is providing you with product information at your request) to call and/or send SMS text messages using an automatic telephone dialing system or prerecorded message to that telephone number to provide information and services related to the BeautyDNA Properties or any products offered in connection with the BeautyDNA Properties. These calls may be made for the purpose of encouraging the purchase of specific products or services or for providing other promotional information. If you do not want to receive calls or SMS text messages you can unsubscribe by sending an email to CustomerCare@BeautyDNA.com with the subject line “STOP”, responding to a text with “STOP”. You understand and agree that you are not required to provide your consent to receiving phone calls or SMS text messages as a condition of any purchase.
Receipt of certain communications (including telephone calls and SMS text messages) may be subject to service provider charges. All charges are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
7. Contests, Promotions, Simulations or Games.
From time to time, BeautyDNA may offer as part of the BeautyDNA Properties, contests, promotions, simulations or games (collectively, the "Promotions"). To participate in any Promotion, players/contestants may be required to complete a registration form. Upon submission, all registrations become the exclusive property of BeautyDNA. Registered users (each, a "Registered User") are permitted only one account.
Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. BeautyDNA, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release BeautyDNA and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through, the BeautyDNA Properties. BeautyDNA is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the BeautyDNA Properties, or the site where the Promotion is conducted, is subject to immediate disqualification and revocation of their registration. BeautyDNA is under no obligation to award any prize to any Registered User who violates a published Promotion rule or guideline.
Contests are open to legal residents of the United States and Canada. To enter the contest you must be 18 years or older, or the age of majority in your state of residence if the age of majority is greater than 18.
8. Intellectual Property Rights.
The BeautyDNA Properties contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the BeautyDNA Properties and all elements and portions thereof, remains with us and our licensors, as applicable. Without limiting the foregoing, BeautyDNA, BeautyDNA and the other trademarks, service marks and logos appurtenant to the BeautyDNA Properties are the sole and exclusive property of BeautyDNA.
You cannot use any of the trademarks or protected copyright materials found on and within the BeautyDNA Properties, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.
9. Unsolicited Materials; User License.
In operating the BeautyDNA Properties, BeautyDNA neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to BeautyDNA will not be treated as confidential or secret, save certain Transaction Information.
In addition to the foregoing, by communicating with BeautyDNA and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting BeautyDNA a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any BeautyDNA work product. You also warrant that any “moral rights” in posted materials have been waived.
10. Product Purchases.
Across certain BeautyDNA Properties, you will be permitted to purchase goods for sale thereon and/or subscribe to certain programs offered by BeautyDNA that will regularly ship merchandise to you in consideration for your monthly subscription fee (a “subscription program”). All purchases are for consumer use only. No products purchased on any BeautyDNA Property may be resold, and dealer orders are expressly not permitted. BeautyDNA reserves the right to accept or reject any order/purchase.
Except in the case of your participation in a subscription program in which the products sent to you are pre-determined by a BeautyDNA representative, you will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
BeautyDNA is committed to customer satisfaction. Should any non-conforming and/or damaged products be purchased and received by Users from any of the BeautyDNA Properties, whether or not in connection with those subscription programs offered by BeautyDNA, some products may be returned based upon our return guidelines, while others cannot for legal and/or logistics reasons. In the case of the latter category of products, BeautyDNA will gladly replace any products damaged from shipping or otherwise. All purchases on any BeautyDNA Property / subscription program shall exclusively be in U.S. dollars. We may revise the pricing for products and services we offer at any time. Unless BeautyDNA shall agree otherwise in writing, all products purchased will be sold FOB third party carrier.
We collect sales tax where required by applicable law.
From time to time BeautyDNA will offer promotions. We reserve the right to limit quantities offered in promotions, whether at any cost or offered at no charge and we reserve the right to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
We do not guarantee that all products within the BeautyDNA properties will be available for promotion.
Users who take advantage of promotions offered through any of the BeautyDNA properties are subject to the terms and conditions set forth in both the specific promotion and the terms and conditions stated within this policy.
We understand that the privacy and security of your information is important to you. We urge you to read our Privacy Statement to understand our information practices. You can access our Privacy Statement at https://www.beautydna.com/privacy-policy.aspx?common=1.
13. Disclaimer of Warranties.
“Released Parties” include BeautyDNA and its affiliates, parents, officers, employees, agents, partners, suppliers, advertisers, successors, and assigns.
THE RELEASED PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE BeautyDNA PROPERTIES. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY OF THE BeautyDNA PROPERTIES SHALL DO SO AT HIS/HER OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. Limitation of Liability.
IN NO EVENT WILL THE RELEASED PARTIES, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE BeautyDNA PROPERTIES, EVEN IF THE RELEASED PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITIY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OF THE BeautyDNA PROPERTIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE RELEASED PARTIES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Mr. Peter Fain BeautyDNA 3651 NW 8th Ave. Boca Raton, FL 33431
We will respond expeditiously to claims of copyright infringement committed using the BeautyDNA Properties that are reported to the above-referenced Designated Copyright Agent in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to the BeautyDNA Properties hosted in the United States, these notices must include the required information set forth in the DMCA, which includes without limitation:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; Identification of the copyrighted work(s) that you claim has been infringed; A description of the material that you claim is infringing and the location of that material on the Site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the use of the material in the manner complained of 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.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).
18. Applicable Laws / Jurisdiction and Arbitration, Class Waiver, and Waiver of Jury Trial.
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
20. Provisions unenforceable or invalid.