Beauty Matcher, LLC
1. You Are Making a Binding Agreement to Use Beauty Matcher. You must be at least 13 years of age and be able to make a binding contract with us. You represent and warrant that you have the legal right and capacity to enter into these Terms. When you create your Beauty Matcher account, you must provide us with accurate and complete information, and you agree to update your information as necessary to maintain its accuracy and completeness. If you open an account on behalf of a company, organization or other entity, then “you” includes the individual opening the account for the entity and the entity itself, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms, and you agree and bind the entity to these Terms.
2. Our License to You. Subject to these Terms and your compliance with them, we are granting you a limited, non-exclusive, non-transferable, and revocable license to use our Services.
3. Your Content and Your License to Us. Through our Services and subject to these Terms, Beauty Matcher allows you to post photos, images, graphics, materials, information and other content (“Content”) through our Services.
a. You are solely responsible for the Content that you submit, post or display on or through the Services.
b. You agree that we are not responsible for, and do not endorse, your Content posted through the Services. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.
c. You represent and warrant to us that you own the Content posted by you on or through the Services or that you otherwise have the right to grant the rights and licenses set forth in these Terms and that the posting and use of the Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
d. You agree to pay for all royalties, fees, and any other monies owed by reason of the Content that you post on or through the Services.
e. You grant us and our users a non-exclusive, fully-paid and royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, post, modify, create derivative works, perform, and distribute the Content. Nothing in these Terms restricts other legal rights we may have to your Content (such as under other licenses).
f. You acknowledge and agree that your Content is not subject to any confidentiality or proprietary information constraints or obligations, either for us or for our users.
g. Following termination or deactivation of your account, or if you remove any Content from our Services, we may retain the Content for backup, archival, or audit purposes. Furthermore, we and our users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that we or our users have stored or shared.
h. You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other Content through the Services.
i. We reserve the right to remove or modify your Content for any reason, including Content that we believe violates these Terms or our policies.
j. To the extent that you provide feedback, comments, ideas or suggestions to us, you agree that we may use such information in any way we please and without any liability or obligation to pay or compensate you.
4. Some Basic Obligations relating to Your Use of Our Services.
a. You are responsible for any activity that occurs through your account, and you agree that you will not sell, transfer, license or assign your account, followers, username, or any account rights. You agree that you will not create an account for anyone other than yourself. You are responsible for keeping your password secret and secure.
b. You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information through the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
c. You will not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your Content, including but not limited to, copyright laws.
d. You will not change, modify, adapt or alter the Services or change, modify or alter another website or application so as to imply that it is associated with the Services.
e. You will not create or submit unwanted email, comments, or other forms of harassing communications or “spam” to any Beauty Matcher users.
f. You will not use crawling, scraping, or caching or otherwise access any content on the Services through automated means, including but not limited to, user profiles and photos).
g. You will not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Beauty Matcher page is rendered or displayed in a user’s browser or device.
h. You will not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
i. You will not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms or other Beauty Matcher terms or policies.
5. Our Rights. In addition to the license and other rights that you grant to us in these Terms, you agree that we have the following rights:
a. Some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
b. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
c. The Services contain content owned or licensed by Beauty Matcher (“Our Content”). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, Beauty Matcher owns and retains all rights in Our Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Our Content, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Our Content.
d. The Beauty Matcher name and logo are trademarks of Beauty Matcher, and may not be copied, imitated or used, in whole or in part, without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Beauty Matcher, and may not be copied, imitated or used, in whole or in part, without our prior written consent.
6. Copyright. Beauty Matcher respects the intellectual property rights of others, and expects its users to do the same. In our Copyright Policy [Link], we provide information about protecting your intellectual property rights and reporting claims of infringement. If you repeatedly infringe others’ rights, we will disconnect or disable access to your account.
7. Termination. We reserve the right to modify, restrict, suspend, disable, or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. Upon our exercise of these rights, all licenses and other rights granted to you under these Terms or otherwise will immediately cease.
8. General Conditions.
a. We reserve the right, in our sole discretion, to change these Terms from time to time. You agree that we may notify you of changed Terms by posting them on the Services, and that your use of the Services thereafter will constitute your agreement to the changes. Therefore, you should review these Terms and any changes before using the Services.
b. We reserve the right to force forfeiture of any username for any reason.
c. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.
d. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. Nevertheless, we reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
e. Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Beauty Matcher. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Beauty Matcher, you do so at your own risk, and you agree that we will have no liability arising from such use or access.
f. You agree that you are responsible for all data charges you incur through use of the Services.
9. Indemnity. You agree to indemnify and hold harmless Beauty Matcher and its officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, (b) your Content, (c) your breach or alleged breach of any of these Terms. (d) your violation of any rights of another party (including but not limited to copyright and intellectual property rights), (e) any misrepresentation or breach of a representation or warranty by you, and (f) your violation of any laws, rules, regulations, or orders of any governmental authorities.
10. Limitation of Liability; Waiver. UNDER NO CIRCUMSTANCES WILL BEAUTY MATCHER AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) OUR CONTENT; (C) CONTENT OF YOU OR ANOTHER USER; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE BEAUTY MATCHER BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE BEAUTY MATCHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
11. Arbitration. For any dispute you have with Beauty Matcher you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in Utah County in the State of Utah. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Beauty Matcher.
12. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Beauty Matcher must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
13. Governing Law and Jurisdiction. These Terms shall be governed by the laws of the State of Utah, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court located in Utah County or Salt Lake County, in the State of Utah, for any actions not subject to Section 11 (Arbitration).
14. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Beauty Matcher without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Beauty Matcher’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
This Terms of Service Policy effective as of July 1,2014.
We at Beauty Matcher, LLC (“Beauty Matcher,” “we,” us,” or “our”) respect the intellectual property rights of others and expect our users to do the same. Consequently, in appropriate circumstances and at our discretion, we will disable or otherwise terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Photos, images, graphics, materials, information and other content (“Content”) that have been posted on our mobile, web site, software and related services and applications (the “Services”) by our users are the property of the user or the original creator, and we are a licensed distributor of the Content. Occasionally, you may believe that Content submitted by another user is owned by you or is covered by a copyright owned by someone else. If a copyright has been infringed, Beauty Matcher is not the infringer as the distributor of the Content. However, in accordance with the Digital Millennium Copyright Act of 1998, Beauty Matcher will respond expeditiously to good faith, substantiated claims of copyright infringement using our Services.
If you believe that a copyright has been infringed, please submit a notice to our designated Copyright Agent for Notice:
Attn. Copyright Agent for Notice
Beauty Matcher, LLC
936 South 2000 West, Suite 200
Springville, UT 84663
All of the following must be included in the notice:
1. Provide your full name, mailing address, telephone number, and, if available, your email address. [Please note that we may provide your contact information and the contents of your notice to the person who posted the Content that you are reporting.]
2. Identify the copyrighted work that you claim has been infringed.
3. Identify the Content on our Services that you claim is infringing.
4. Provide information reasonably sufficient to permit us to locate the Content that is infringing, including at a minimum, if applicable, the web address (URL) on our Services that leads directly to the Content.
5. Include the following declarations in your notice:
a. “I have a good faith belief that use of the copyrighted content described above is not authorized by the copyright owner, its agent, or the law.”
b. “I declare, under penalty of perjury, that the information in this notice is accurate and that I am the owner, or authorized to act on behalf of the owner, of an exclusive copyright that is allegedly infringed.”
6. Provide your electronic or physical signature.
Upon receipt of a notice of copyright infringement, Beauty Matcher will process the claim and will take whatever action it deems appropriate, which may include removal or disabling access to the allegedly infringing Content. If the person who posted the Content believes that we made a mistake in removing or disabling access to the Content, the person may be eligible to appeal its removal and may file a counter-notification under the Digital Millennium Copyright Act.
This Copyright Policy effective as of July 1,2014.