THE HOUSE OF MAKEUP
TERMS AND CONDITIONS
Effective Date: November 17, 2021.
This User Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and The House of Makeup LLC, on behalf of itself and its affiliates (collectively, “The House of Makeup”), and governs your access to and use of The House of Makeup’s websites, mobile Sites, or other online platform that we own, control, and/or operate (“Sites”) and your use of the services provided therein or in connection with such use or access (“Services”), the purchase of any products sold by The House of Makeup (“Products”), or any other use/or access of our Sites..
THESE TERMS AND CONDITIONS MAY BE UPDATED AT ANY TIME IN THE HOUSE OF MAKEUP’S SOLE DISCRETION. YOUR CONTINUED USE OF THE APPLICATIONS OR SERVICES AFTER SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES
IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE HOUSE OF MAKEUP, OR YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW.
User: An individual or entity that accesses and/or uses the Sites for any purpose.
Services: Intangible products, duties, uses, or labors offered through our Sites, including makeup, beauty, and other related services.
Products: Tangible goods sold by The House of Makeup through the Sites or otherwise.
Content: Services, Products, Trademarks, Tradenames, Techniques, Styles, Photographs, Videos, Users’ information, and any other data and/or information made available through the Sites or by any other means authorized by The House of Makeup, and any copies and derivative works thereof. Content expressly includes any data relating to Services and Products.
Licensed Materials: Services, Products, and Content, collectively.
By using or accessing our Sites, scheduling and utilizing our Services, and/or purchasing our Products, you hereby warrant and represent that you are at least 18 years of age. If you are not 18, you must have the permission of an adult parent or guardian to use our Sites who can legally agree to this Agreement on Your behalf and who will be responsible for your use of our Sites.
Further, by using our Sites, utilizing any Services, or participating in any Reservations, you consent to receive electronic communications from The House of Makeup. These electronic communications may be notices about applicable fees and charges, transactional or other information concerning or related to your use of the Sites, Services, or Reservations, or for promotional purposes.
Restrictions on Use of Sites and Services
You will not or attempt to:
Reverse engineer, decompile, disassemble, or translate the Sites, Products, or Services, or other The House of Makeup property, or otherwise attempt to derive the source code, formulae, techniques, trade secrets or know-how in or underlying the Sites, Products, or Services, or other The House of Makeup property, or any portion thereof.
Interfere with, modify, disrupt or disable features or functionality of the Sites, Products, or Services or other The House of Makeup property, including, without limitation, any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Sites or other The House of Makeup property, unless otherwise authorized by this Agreement or in writing by The House of Makeup;
Sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Sites, Products, or Services or other The House of Makeup property to any third party except as expressly permitted herein or otherwise in writing by The House of Makeup;
Permit other individuals or entities to create links to the Sites or other The House of Makeup property on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password, or other login credentials to the Sites or other The House of Makeup property, except as expressly authorized; or
Use the Sites, Products, or Services or other The House of Makeup property for any illegal, unauthorized or other improper purposes.
Use other Users’ data unless expressly authorized by the User.
User shall pay the full amount, plus any additional taxes, shipping, handling, or other amounts, for all Products and Services offered by The House of Makeup through the Sites. For Services, Users shall also be required to execute our Bridal Agreement and make payment according to the schedule and amount set therein.
Cancellations and Refunds
The House of Makeup does not generally offer refunds of any kind on Products or Services. In the event a Product arrives in a damaged or defective condition, Users should contact The House of Makeup at email@example.com to seek a potential replacement or refund. The House of Makeup reserves the right to require reasonable proof that a Product arrived in a defective or damaged condition and will issue refunds or replacements in its sole discretion. Services performed at the Company’s studio are non-refundable. Our refund and cancellation policies related to Bridal Services are governed by a Bridal Agreement in each circumstance.
Representations By Users
By Accessing our Sites, Soliciting and/or scheduling Services, and/or Purchasing Products, you hereby represent and warrant that:
You have the legal right arrange for the provision of Services at or the shipment of Products to the location you provide to The House of Makeup;
You are the owner of all information provided to The House of Makeup or you have secured all necessary licenses, permits, and other permissions necessary to provide information to The House of Makeup for any use contemplated by this Agreement, including payment information;
You are of at least eighteen (18) years of age;
You will not use the Services or Products for any illicit or illegal purposes;
You will not discriminate or harass any employees, agents, contractors, or other representatives of The House of Makeup because of the individual’s race, color, age, national origin, sex or expressed sexual identify, gender or expressed gender identify, religion, disability, marital status, familiar status, or other characteristic protected by federal, state, and/or local law
You hereby authorize The House of Makeup to communicate with you using any information you provide to The House of Makeup.
Ownership and Feedback
Ownership. The Licensed Materials are licensed, and, except for Products purchased by Users, are not sold, and The House of Makeup retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that The House of Makeup retains all worldwide right, title and interest in and to the Licensed Material and Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all Sites therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty (“IP Rights”). You agree not to do anything inconsistent with such ownership, including without limitation, challenging The House of Makeup’s ownership of The House of Makeup’s trademarks, challenging the validity of the licenses granted herein, or otherwise copying or exploiting The House of Makeup trademarks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in The House of Makeup trademarks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to The House of Makeup, immediately assign such rights to The House of Makeup.
Feedback. You may provide The House of Makeup with comments concerning the Licensed Material, Services, Products, or any other item contemplated by this Agreement, or your evaluation and use thereof (collectively, “Feedback”). You hereby grant The House of Makeup all rights, title, and ownership of such Feedback (including all intellectual property rights therein), and The House of Makeup may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you. Such feedback shall be treated as both non-confidential and non-proprietary and your provision of Feedback shall impose no obligation on the Company.
Other Important Terms
User Protection. You will not knowingly: 1) allow or assist any government entities, law enforcement, or other organizations to conduct surveillance on or an investigation into the Licensed Materials or other Company property or Content or any other information that would require a subpoena, court order, or other valid legal process, or that would otherwise have the potential to be inconsistent with users’ reasonable expectations of privacy; or 2) display, distribute or otherwise make available Content to any person or entity that You reasonably believe will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18, or 19.
Updates. You acknowledge and understand that the Sites will need to be updated from time to time. You further acknowledge that this Agreement applies to any updated Sites.
Government Use. The Licensed Materials and other Company property are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Licensed Materials or other Company property by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If you use the Licensed Materials or other Company property in your official capacity as an employee or representative of a U.S., state or local government entity and you are legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law. For the purpose of this provision, contractor/manufacturer is The House of Makeup LLC.
Warranty Disclaimer. THE SITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE FURTHER MAKE NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR FROM THE HOUSE OF MAKEUP SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
Indemnification. You shall defend The House of Makeup against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold The House of Makeup harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of your use of the Licensed Materials or other use of the Content in any manner. In the event The House of Makeup seeks indemnification or defense from you under this provision, The House of Makeup will promptly notify you in writing of the claim(s) brought against The House of Makeup for which it seeks indemnification or defense. The House of Makeup reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third-party agreement, which would, in any manner whatsoever, affect the rights of The House of Makeup, constitute an admission of fault by The House of Makeup or bind The House of Makeup in any manner, without the prior written consent of The House of Makeup. In the event The House of Makeup assumes control of the defense of such claim, The House of Makeup shall not settle any such claim requiring payment from you without your prior written approval.
Limitation of Liability. IN NO EVENT WILL THE HOUSE OF MAKEUP BE LIABLE TO YOU OR ANY OTHER USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS FROM THE SITES OR RESULTING FROM YOUR USE OF SUCH MATERIALS, OR FROM YOUR ACCESS OF THIRD-PARTY LINKS VIA THE SITES. IN ANY CASE, THE HOUSE OF MAKEUP’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID PURSUANT TO THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Miscellaneous. This Agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications, though for Services the parties may enter into a Bridal Agreement. Any attempted assignment in violation of this paragraph is null and void, and The House of Makeup may terminate this Agreement. This Agreement does not create or imply any partnership, agency or joint venture. This Agreement shall be governed by and construed according to the laws of the State of New York, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction. Any claim, complaint, or dispute that arises out of or relates in any way to this Agreement, shall be subject to binding arbitration in accordance with the American Arbitration Association’s (AAA) Rules and Mediation Procedures. The Arbitration shall be held in Suffolk County, New York and the Parties agree to bear the cost of the arbitration equally, however, any final award, all costs and expenses including all reasonable attorneys’ fees will be awarded to the prevailing party. ANY PROCEEDINGS, INCLUDING ANY ARBITRATION OR LITIGATION, BROUGHT TO RESOLVE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AGAINST COMPANY SHALL BE BROUGHT AND CONDUCTED ON AN INDIVIDUAL BASIS ONLY. CLIENT WAIVES THE RIGHT TO ASSERT OR PARTICIAPTE IN ANY CLAIMS AGAINST COMPANY AS A REPRESENATIVE, MEMBER, OR OTHERWISE IN ANY CLASS OR REPRESENTATIVE ACTION AND NO INDIVIDUAL ACTIONS SHALL BE COMBINED OR CONSOLIDATED FOR ANY REASON. Notwithstanding the foregoing, the Company has the right to seek injunctive and/or other equitable relief with respect to the enforcement of any obligations regarding restrictive covenants, trade secrets, confidential information, inventions, work product or other intellectual property arising under this Agreement in a state of federal court of competent jurisdiction.
You further agree to reimburse The House of Makeup for any costs and fees, including reasonable attorney’s fees, it expends in enforcing the terms of this agreement. Despite the foregoing, You agree that money damages would be an inadequate remedy for The House of Makeup in the event of a breach or threatened breach of a provision of this Agreement protecting The House of Makeup’s intellectual property or Confidential Information, and that in the event of such a breach or threat, The House of Makeup, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. No waiver by The House of Makeup of any covenant or right under this Agreement will be effective unless memorialized in a writing duly authorized by The House of Makeup. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
Incorporated Terms. Your use of the Licensed Material, the Sites, and Our Services is further subject to and governed by the following terms and conditions:
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