Last Updated: June 6th, 2019.
ARBITRATION, CLASS ACTION WAIVER.
ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS. Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Site and Service are not intended for access or use by children, especially those 13 or younger. If you are accessing the Site and using the Service, you represent to us that you have legal capacity to enter into these Terms and to fulfill your obligations set forth herein. If you are a minor in the jurisdiction from which you are accessing the Site you are not permitted to use the Site or the Service.
If you register on the Site and create a profile with us, you are responsible for maintaining the confidentiality of your username and password. We are not responsible for any authorized or unauthorized access to your profile and you agree to notify us immediately of any misuse of your profile. We are not responsible or liable for any loss or damage resulting from such misuse.
Site Modification or Suspension.
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site or Service, or any content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Site, Service, or any content, feature or product offered through the Site.
Intellectual Property Rights.
As between you and YouBeauty, YouBeauty owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and other intellectual property rights and proprietary rights associated with the Site and the Service. You acknowledge and agree that your use of the Site and the Service is limited to accessing and viewing the content, and where permission is provided by us, downloading and/or purchasing informational beauty guides. You may not use the Site or the content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any content from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Beauty Information, Merchandise, and Products (“Beauty Products”).
YouBeauty may receive a commission, fee, or other compensation on some purchases made on, or through, or linked to from the Site or Service. Images of Beauty Products on the Site may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such products. If We are offering Beauty Products for sale, or other consideration, on or through the Site or Service we reserve the right at any time to limit the quantities of Beauty Products available. We do not guarantee that any information about Beauty Products provided on this Site or through the Service is completely accurate, true or complete. No person, company, or other entity associated with YouBeauty shall be held responsible for your decision to undertake any medical (or other) procedure, purchase or use a product, or institute lifestyle changes or modifications (i.e., sleep behavior, exercise routines, or nutrition decisions) featured on our site. YouBeauty recommends consulting with your physician before considering or pursuing any medical procedure or trying any product, medicine, or supplement.
Beauty Product Limitation of Liability. ALL TRANSACTIONS FOR BEAUTY PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE SHALL BE BETWEEN THE USER AND THE THIRD-PARTY SELLER (“SELLER”) WITHOUT ANY INVOLVEMENT BY US. IF YOU PURCHASE, ORDER, OBTAIN OR RESEARCH PRODUCTS ON OR THROUGH THE SERVICE, NOTE THAT WE ASSUME NO RESPONSIBILITY FOR THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH PRODUCTS, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH PRODUCTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO ANY PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THE AGREEMENT.
Beauty Product Warranty Claims. In the Event of any failure of a Product to conform to any applicable warranty, you may be able to notify the applicable Seller to receive a refund of all or part of the applicable Fees, if any (to the maximum amount permitted by applicable law, and neither we nor the Seller will have no other warranty obligation whatsoever with respect to a Product).
Your Comments Reviews and Other Content Posted:
You may have the opportunity to post comments, write reviews or provide other content (“User Content”) on the Site. If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, register with the Service, enter into a sweepstakes or engage in other communication with us, you are granting YouBeauty, and anyone authorized by YouBeauty, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such Posted Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such User Content (in whole or in part), as modified by YouBeauty in its sole discretion. This license is non-exclusive, except that you agree that YouBeauty shall have the exclusive right to practice this license to the extent of combining your User Content with the User Content of other Site users for the purposes of constructing or populating a searchable database of product reviews or otherwise. You acknowledge and agree that YouBeauty and its partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any User Content submitted by you.
The User Content you post is publicly accessible and may be available to other users. You should be mindful of the information you post, including, but not limited to, any personal information, sensitive information, or other information that you might not want to be publicly available. We are not responsible for the content you post and consequences thereof.
You are prohibited from posting User Content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. You are prohibited from posting User Content, or otherwise introducing to the Site or Service software viruses or any type of malicious attack. You are prohibited from using a false e-mail address when posting User Content impersonating any person or entity, or otherwise mislead as to the origin of a comment or other User Content. YouBeauty reserves the right (but not the obligation) to remove or edit such User Content but does not regularly review User Content. YouBeauty claims no responsibility and assumes no liability for any User Content posted by you or any third party.
Third-Party Services and Ads.
The Site and Service may contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads“). Such Third-Party Services and Ads are not under our control and we are not responsible for any Third-Party Services and Ads. YouBeauty provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND THE SERVICE IS PROVIDED BY YOUBEAUTY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUBEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. YOU BEAUTY ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. YOUBEAUTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE. UNDER NO CIRCUMSTANCES SHALL YOUBEAUTY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR SERVICES, ANY CONTENT POSTED ON OR THROUGH SITE OR SERVICE, OR CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability.
IN NO EVENT SHALL YOUBEAUTY (AND OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless YouBeauty, and our affiliates, and our and their, officers, directors, employees and agents, from and against any and all claims, damages, costs, including attorneys’ fees that may arise out of or are in any way connected with your access, visitation, or use of the Site or Service, including, but not limited to, any of your User Content, misuse of your profile, or breach of these Terms whether a result of you actions or inactions.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws rules.
AGREEMENT TO ARBITRATE.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND YOUBEAUTY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND YOUBEAUTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA“), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and YouBeauty must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.