PinkBeaux.com & TheBeauxBook.com
Last revised on 08/03/2018
PinkBeaux.com and TheBeauxBook.com (the “websites” or “sites”) are owned, operated, and maintained by PINK BEAUX LLC (“we”, “us” or “our”)
- online store
- any published content created by us
- any additional functionality and services offered through the sites
CHANGES TO TERMS OF SERVICE
Any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Pink Beaux™, The Beaux Book™, Beauty Curated™, PinkBeaux.com and TheBeauxBook.com and all page headers, custom graphics and custom button icons are trademarks, of PINK BEAUX LLC and may not be used in connection with any product or service that is not offered by PINK BEAUX LLC in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
To access the websites and use its services you must be of legal age to form a binding contract in your jurisdiction. If you are under the legal age to form a binding contract in your jurisdiction, you must have the consent of a parent or guardian to access our websites and/or services.
You must be 13 years or older to use the Site in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services. If you do not qualify, please do not use the Site or Services.
The sites and its Services are administered in the United States and are intended for users residing in the United States. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.
You understand that you may need to provide us with information (e.g. name, address, email address, credit card information) to use certain parts of the sites.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person.
RIGHTS TO USE
PINK BEAUX is the exclusive owner of, or is authorized to use or provide access to, all parts of the websites, including all copy, software, graphics, designs, copyrights, trademarks and other intellectual property or proprietary rights contained therein.
- your use of the sites as permitted is solely for personal, non-commercial use,
- you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the sites or services, without express written permission by us.
- you will not alter or modify any parts of the sites, and
RESTRICTIONS TO RIGHTS OF
You are authorized to use the sites and services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the sites and services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
- use our products for any illegal or unauthorized purpose nor may you, in the use of the sites and services, violate any laws in your jurisdiction (including but not limited to copyright laws),
- modify, translate or reverse engineer any portion of the sites and services,
- launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the sites in a manner that sends more request messages to the websites’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grants the operators of public search engines permission to use spiders to copy materials from the sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserves the right to revoke these exceptions either generally or in specific cases,
- collect or harvest any personally identifiable information, including member names and User IDs, from the sites, nor to use the communication systems provided by the sites for any commercial solicitation purposes,
- solicit, for commercial purposes, any users of the sites with respect to their user submissions (as defined below),
- remove any copyright, trademark or other proprietary rights notices contained in or on the sites,
- create user accounts by automated means or under false or fraudulent pretenses,
- create or transmit unwanted electronic communications such as “spam” to other users or members of the sites or otherwise interfere with other user’s or member’s enjoyment of the sites and services,
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature,
- use the sites and services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the sites for other than your own use; nor
- use any device, software or routine that interferes with the proper working of the sites and services.
We encourage you to submit to the sites a variety of content (“user submissions”) in the form of comments and reviews. You understand that regardless of whether or not such user submissions are published, we do not guarantee any confidentiality. You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. When publishing user submissions, you affirm, represent, and/or warrant that:
In connection with user submissions, you further agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein,
- publish falsehoods or misrepresentations that could damage us or any third party,
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate,
- post advertisements or solicitations for business, nor
- impersonate another person.
You understand that when using the sites and services, you will be exposed to user submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold PINK BEAUX, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site and services.
INTELLECTUAL PROPERTY RIGHTS
COPYRIGHT INFRINGEMENT POLICY
PINK BEAUX LLC does not permit copyright infringing activities and infringement of intellectual property rights on its websites, and will remove any content or user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content or user submission on the websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing to firstname.lastname@example.org (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material,
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail,
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any other feedback, comments, requests for technical support, and other communications should be directed to PINK BEAUX LLC customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. It is PINK BEAUX LLC’s policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the websites and to remove repeat offenders from the websites and to deny them access to the services.
ONLINE STORE TERMSPRODUCTS, DESCRIPTIONS & WARRANTIES
PINK BEAUX reserves the right, at any time and without notice, to change its makeup, skin care, hair care, nail care, wellness, tools, and accessories (“products”) selection, description, photos, and prices.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the websites. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
PRICED & MODIFICATIONS
Prices for all products are subject to change without notice. We reserve the right to discontinue any product or service (or any part or content thereof) at any time. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of said products and/or services.
Certain products or services may be available exclusively through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
ACCURACY OF SHIPPING, BILLING & ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed fraudulently and/or by dealers, resellers or distributors.
All orders must be paid in full and in one transaction before the order is processed. We currently accept American Express, Discover, Mastercard and Visa credit and debit cards. We do not accept cash on delivery, money orders, wire transfers, or Pay Pal as a form of payment.
RETURN & EXCHANGE POLICY
We consider all sales final and will only consider issuing a refund if you receive an order with incorrect or damaged items. Notification of incorrect or damaged orders must be received by us within 7 business days from the time you receive your order. We do not process exchanges.
Lost orders must be reported to us within 2 business days from the time you receive your delivery notification and are all subject to a full investigation by the shipping carrier before a refund will be considered.
We reserve the right to not issue a refund for any reason at any time.
PINK BEAUX and its websites contains strictly opinion-based information from our owner(s)/author(s)/contributers(s)/user(s). The content of the Site is fact-checked to the best of our abilities but may contain errors of typing, spelling, intent, rumor, and/or presumption.
PINK BEAUX provides content for general information purposes only. The information/content on the websites may be changed, modified and or deleted without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the sites on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the sites are the opinions of the individual author.
The contents of our websites do not constitute as professional and is intended for reference purposes only. Advice and should not be relied upon in making or refraining from making any decision and is not intended to substitute for the advice or judgment licensed healthcare professional. Never delay or disregard professional medical advice from your licensed healthcare provider because of something you read on any of our websites.
Any statements on our websites regarding dietary supplements, prescription and over-the-counter medications have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
We assume no liability for inaccuracies or misstatements about products featured on our websites. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
Content written by the owner(s)/author(s)/contributers(s)/user(s) of our websites, unless indicated otherwise, is based on personal experience and results. Content is not influenced by advertisers, affiliates, public relation firms, brands, or other individuals unless otherwise noted.
In the event that you choose to write PINK BEAUX or our websites for advice, you are acknowledging that we are not responsible for any response that you do or do not receive. You are also acknowledging that we are not liable for any losses, harm, injuries, or damages resulting from or arising from the submission of your question or the use of any product sold or recommended by us.
While we strive to present information as accurately as possible, we make no guarantee regarding the validity of the content on our websites.
DISCLAIMER OF WARRANTIES
PINK BEAUX LLC SITES AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PINK BEAUX LLC MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) PINK BEAUX LLC MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (b) PINK BEAUX LLC MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES PINK BEAUX LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; (c) PINK BEAUX LLC DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; (d) PINK BEAUX LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) PINK BEAUX LLC EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF PINK BEAUX LLC. Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
LIMITATION OF LIABILITY AND REMEDIES
You agree to indemnify and hold PINK BEAUX LLC, and its affiliates, directors, officers, employees, and representatives, harmless from and against any loss, cost, claim, damages, liability, and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to
- any fraud, manipulation, deception or misrepresentation by you,
- any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and
- any violation of applicable federal or state laws or regulations.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Contact us via email with any questions or concerns at firstname.lastname@example.org.