TERMS AND CONDITIONS OF USE
Last Updated: April 9th, 2020
These Terms and Conditions of Use (“the Terms”) apply to your access to and use of our websites https://www.microbeau.com/ (collectively, “the Sites”).
Use of and Access to the Sites
The Sites are offered and intended for users who are at least 13 years of age or older. Unless otherwise specified, the Sites and all content on them are intended to promote our products and.
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice for any reason. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS. WE EXPRESSLY RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE, BY POSTING AN UPDATED VERSION OF THE TERMS ON THE SITES. THEREFORE, YOU SHOULD REVIEW THE TERMS WHENEVER YOU USE THE SITES. YOUR CONTINUED USE OF THE SITES CONSTITUTES YOUR CONSENT TO THE CURRENT TERMS POSTED AT THE TIME OF YOUR VISIT.
DO NOT USE OUR SITES IF YOU DO NOT AGREE TO THE TERMS.
You may not use the Sites for any unlawful purpose or in violation of any provision of applicable federal, state, and local laws or these Terms.
You may not:
§ Post or submit any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights;
§ Use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites;
§ Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
§ Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
§ Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server(s) on which the Sites are stored or hosted, or any server, computer, or database connected to the Sites;
§ Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack;
§ Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
If we are notified of allegedly defamatory, damaging, illegal, or offensive content posted or provided by a user, we may investigate the allegation and determine, at our sole discretion, whether to modify or remove such content from the Sites.
If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Sites.
We may disclose any content or electronic communication from you: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites; or (iii) to protect our rights or property or the rights of our customers, other users of the Sites, or third party service providers.
Intellectual Property Rights
All names, logos, product and service names, designs, and slogans are trademarks of Microbeau or its affiliates or third party licensors. You must not use such marks without our prior written permission.
The Sites and all contents accessed through or on the Sites including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by us or our affiliates or licensors. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws and treaties. The Terms permit you to use the Sites for your personal use only.
You may not:
§ Distribute, transfer, transmit, copy, upload, download, post, publish, display, perform, modify, or otherwise create derivative works from any of the Materials without our prior written consent;
§ Decompile, reverse engineer, or disassemble software code or software materials; or
§ Remove any copyright notice or other proprietary notices from the Materials.
Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.
We respect the intellectual property of others. If you believe any materials posted or accessible on the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by sending written notice to our designated copyright agent at: Legal@BodyArtAlliance.com
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice must include substantially the following:
§ your physical or electronic signature;
§ identification of the copyrighted work you believe to have been infringed;
§ identification of the material on our Sites that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
§ your contact information including your name, mailing address, telephone number and, if available, email address;
§ a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
§ a statement that the information in the notice is accurate; and
§ a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Sites infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.
User Reviews and Other Contributions
The Sites may contain product reviews, comment boards, message boards, chat rooms, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Sites. All User Contributions must comply with the Content Standards set out in these Terms (below).
Any User Contribution you post to or submit through our Sites will be considered non-confidential and non-proprietary. By posting a review or comment or contributing in any way to the Sites, you expressly grant us an irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution.
By posting or submitting a User Contribution, you represent and warrant that:
§ Your User Contribution complies with these Terms, including the Content Standards set forth below.
§ You are the sole author and owner of any content including any intellectual property rights in any content that you include in a User Contribution.
§ You are not being compensated or provided any consideration by a third party for your User Contribution.
§ You understand and acknowledge that you are responsible for any User Contributions you post, submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
We do not undertake to review all User Contributions before they are posted on the Sites. Accordingly, we have no liability or responsibility to anyone regarding transmissions, communications, or content provided by any user or third party.
You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, employees and third-party service providers) harmless from all claims, demands, and damages of every kind and nature, including reasonable attorneys’ fees, arising out of either a breach of your representations and warranties set forth above or your violation of any law or the rights of a third party in connection with your User Contribution.
These content standards apply to any and all User Contributions. User Contributions must comply with all applicable federal, state, local laws and regulations. Without limiting the foregoing, User Contributions must not:
§ Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
§ Contain any material that is defamatory, obscene, indecent, abusive, threatening, offensive, harassing, violent, hateful, or inflammatory;
§ Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
§ Infringe any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other intellectual property or other rights of any other person;
§ Contain content that is false, inaccurate, misleading, or otherwise likely to deceive any person;
§ Promote any illegal activity, or advocate, promote, or assist any unlawful act; or
§ Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
§ Include any address, email address, or phone numbers.
§ Contain any computer viruses, worms or other potentially damaging computer programs or files.
Linking to the Sites and Social Media Features
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by us.
The Sites may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
We safeguard the security of the information you provide to us or that we collect with physical, electronic, and managerial measures. Among other protections, we use industry-standard SSL encryption on all web pages where personal information is required or may be submitted to us. To make purchases from any of our Sites, you must use an SSL-enabled browser such as Internet Explorer, Google Chrome, or Mozilla Firefox.
The safety and security of your information also depends on you. Please use caution when you are on the Internet to protect your personal data. Change your passwords regularly, do not share passwords, and use a combination of letters, numbers and special characters for your passwords. Always make sure you use a secure browser when on the Internet.
Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable steps to protect your information, we cannot guarantee the security of your information transmitted via our Sites. Any transmission of information is at your own risk.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms or we believe such action is appropriate to ensure the security of the Sites or your account, or to address any suspected security incidents or breaches.
Reliance on Contents of the Sites
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the content on the Sites from time to time, but their content is not necessarily complete or up-to-date at all times. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the Sites’ contents.
The Sites may provide chat rooms, bulletin boards, and other means for the public to contribute information and make statements. We do not endorse these statements and does not represent or confirm the statements are true and accurate. You should be cautious when acting on information provided by contributors to these public areas. We disclaim all liability and responsibility arising from any reliance placed on such information or statements by you or any other visitor to the Sites.
Links to Third Party Websites
The Sites contain links to third party websites. These links are provided for your convenience and the third party websites are not under our control. We do not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by us with respect to any third party, any third party’s website, the content of any third party’s website, or any products or services provided by a third party. We have no obligation or liability for any linked third party websites. Please be aware that, when you visit a linked website, you are subject to the privacy policies and terms and conditions of use for the linked website and you should review those policies carefully. Please exercise caution before sharing or sending any information to anyone via the internet.
Disclaimer of Warranties and Limitation of Liability
The Sites, their features, and their contents are provided “as is,” without any express or implied warranty of any kind. We cannot and do not guarantee or warrant that: (1) all information you transmit or submit via the Sites will be completely secure and unable to be accessed, altered, deleted; or (2) the Sites, their contents, or features will be free from errors, viruses, bugs, or other harmful components.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.
YOUR USE OF THE SITES, THEIR CONTENTS AND ANY FEATURES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us and our employees, officers, and directors harmless from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms by you and/or your activities in connection with the Sites. We may participate in the defense of any claim. You shall not settle any claim that affects us without our prior written approval.
Class Action Waiver
WHERE PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no tribunal may consolidate more than one person’s suits or actions or otherwise preside over any form of a representative or class proceeding.
Governing Law and Jurisdiction
These Terms and your use of our Sites shall be governed by and interpreted in accordance with the applicable laws of the United States without giving effect to any choice of law or conflict of law provision or rule. To the extent that federal law is held to have not preempted local law, these Terms and your use of our Sites shall be governed by the laws of the State of Maryland, to the extent applicable, without regard to the rules regarding conflict of laws.
By using our Sites, you consent to the exclusive jurisdiction of the federal and state courts Howard County, Maryland for any action or proceeding arising out of or relating to these Terms or your use of, or reliance on, our Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any questions or concerns about the Sites or these Terms, please contact us at: Legal@BodyArtAlliance.com.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Microbeau’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.