Version 1.0, effective as of February 1, 2021
The Ivy Beauty website located at ivyusa.com is a copyrighted work
belonging to AST Systems, LLC. Certain features of the Site may be
subject to additional guidelines, terms or rules, which will be posted
on the Site in connection with such features.
All such
additional terms, guidelines, and rules are incorporated by reference
into these Terms.
These Terms of Use described the legally
binding terms and conditions that oversee your use of the Site. BY
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and
you represent that you have the authority and capacity to enter into
these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE
SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT
LOG INTO AND/OR USE THE SITE.
These terms require the use
of arbitration Section 10.2 on an individual basis to resolve disputes
and also limit the remedies available to you in the event of a
dispute. These Terms of Use were created with the help of the
Terms of Use Generator
and the
Privacy Policy Generator .
Access to the Site
Subject to these Terms. Company grants you a
non-transferable, non-exclusive, revocable, limited license to access
the Site solely for your own personal, noncommercial use.
Certain Restrictions.
The rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign,
distribute, host or otherwise commercially exploit the Site; (b) you
shall not change, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not
access the Site in order to build a similar or competitive website;
and (d) except as expressly stated herein, no part of the Site may be
copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to
functionality of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site must be retained
on all copies thereof.
Company reserves the right to
change, suspend, or cease the Site with or without notice to you. You
approved that Company will not be held liable to you or any
third-party for any change, interruption, or termination of the Site
or any part.
No Support of Maintenance.
You agree that Company will have no obligation to provide you with any
support in connection with the Site.
Excluding any User
Content that you may provide, you are aware that all the intellectual
property rights, including copyrights, patents, trademarks, and trade
secrets, in the Site and its content are owned by Company or Company's
suppliers. Note that these Terms and access to the Site do not give
you any rights, title or interest in or to any intellectual property
rights, except for the limited access rights expressed in Section 2.1,
Company and its suppliers reserve all rights not granted in these
Terms.
User Content
User Content. "User Content" means any and all
information and content that a suer submit to the Site. You are
exclusively responsible for your User Content. You bear all risks
associated with use of your User Content. You hereby certify that you
User Content does not violate our Acceptable Use Policy. You may not
represent or imply to others that you User Content is in any way
provided, sponsored or endorsed by Company. Because you alone are
responsible for your User Content, you may expose yourself to
liability. Company is not obliged to backup any User Content that you
post; also, your User Content may be deleted at any time without prior
notice to you. You are solely responsible for making your own backup
copies of your User Content if you desire.
You hereby grant
to Company an irreversible, nonexclusive, royalty-free and fully paid,
worldwide license to reproduce, distribute, publicly display and
perform, prepare derivative works of, incorporate into other works,
and otherwise use and exploit your User Content, and to grant
sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Site. You hereby irreversibly waive
any claims and assertions of moral rights or attribution with respect
to your User Content.
Acceptable Use Policy.
The following terms constitute our "Acceptable Use Policy": You agree
not to use the Site to collect, upload, transmit, display, or
distribute any User Content (i) that violates any third-party right or
any intellectual property or proprietary right; (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of
another's privacy, vulgar, defamatory, false, intentionally
misleading, trade libelous, pornographic, obscene, patently offensive,
promotes racism, bigotry, hatred, or physical harm of any kind against
any group or individual; (iii) that is harmful to minors in any way;
or (iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In addition, you
agree not to: (i) upload, transmit, or distribute to or through the
Site any software intended to damage or alter a computer system or
data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited
messages; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or
networks connected ot the Site, or violate the regulations, policies
or procedures of such networks; (v) attempt to gain unauthorized
access to the Site, whether through password mining or nay other
means; (vi) harass or interfere with any other user's use and
enjoyment of the Site; or (vii) use software or automated agents or
scripts to produce multiple accounts on the Site, or to generate
automated searches, requests, or queries to the Site.
We
reserve the right to review any User Content, and to investigate
and/or take appropriate action against you in our sole discretion if
you violate the Acceptable Use Policy or any other provision of these
Terms of otherwise create liability for us or any other person. Such
action may include removing or modifying your User Content,
terminating your Account in accordance with Section 8, and/or
reporting you to law enforcement authorities.
If you
provide Company with any feedback or suggestions regarding the Site,
you herby assign to Company all rights in such Feedback and agree that
Company shall have the right to use and fully exploit such Feedback
and related information in any manner it believes appropriate. Company
will treat any Feedback you provide to Company as non-confidential and
non-proprietary.
You agree to indemnify and hold Company
and its officers, employees, and agents harmless, including costs and
attorneys' fees, from any claim or demand made by any third-party due
to or arising out of (a) your ues of the Site, (b) your violation of
these Terms, (c) your violation of applicable laws or regulations or
(d) your User Content. Company reserves the right to assume the
exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written
consent of Company. Company will use reasonable efforts to notify you
of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links
to third-party websites and services, and/or display advertisements
for third-parties. Such Third-Party Links & Ads are not under the
control of Company, and Company is not responsible for any Third-Party
Links & Ads. Company provides access to these Third-Party Links & Ads
only as a convenience to you, and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all Third-Party Links & Ads at your
own risk, and should apply a suitable level of caution and discretion
in doing so. When you click on any of the Third-Party Links & Ads, the
applicable third party's terms and policies apply, including the third
party's privacy and data gathering practices.
Other Users. Each Site user is solely responsible for
any and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for any
User Content, whether provided by you or by others. You agree that
Company will not be responsible for any loss or damage incurred as the
result of any such interactions. If there is a dispute between you and
any Site user, we are under no obligation to become involved.
You
hereby release and forever discharge the Company and our officers,
employees, and agents, successors, and assigns from, and hereby waive
and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind of nature, that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly
to, the Site. If you are a California resident, you hereby waive
California civil code section 1542 in connection with the foregoing,
which states: "a general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which is known by him or her must have
materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, Ivy
Beauty uses 'cookies'. These cookies are used to store information
including visitors' preferences, and the pages on the website that the
visitor accessed or visited. The information is used to optimize the
users' experience by customizing our web page content based on
visitors' browser type and/or other information.
Disclaimers
The Site is provided on an "as-is" and "as available" basis, and
company and our suppliers expressly disclaim any and all warranties
and conditions of any kind, whether express, implied or statutory,
including all warranties or conditions of merchantability, fitness for
a particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the
site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be
accurate, reliable, free of viruses or other harmful code, complete,
legal, or safe. If applicable law requires any warranties with respect
to the Site, all such warranties are limited in duration to ninety
(90) days from the date of fist use.
Some jurisdictions do
not allow the exclusion of implied warranties, so the above exclusion
may not apply to you. Some jurisdictions do not allow limitations on
how long an implied warranty lasts, so the above limitation may not
apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall Company or
our suppliers be liable to you or any third-party for any lost
profits, lost data, costs of procurement of substitute products, or
any indirect, consequential, exemplary, incidental, special or
punitive damages arising from or relating to these terms or your use
of, or incapability to use the Site ven if Company has been advised of
the possibility of such damages. Access to and use of the Site is at
your own discretion and risk, and you will be solely responsible for
any damage to your device or computer system, or loss of data
resulting therefrom.
To the maximum extent permitted by
law, notwithstanding anything to the contrary contained herein, our
liability to you for any damages arising from or related to this
agreement, will at all times be limited to a maximum of fifty U.S.
dollars(U.S. ). The existence of more than one claim will not
enlarge this limit. You agree that our suppliers will have no
liability of any kind arising from or relating to this agreement.
Some
jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Term and Termination. Subject to this Section, these
Terms will remain in full force and effect while you use the Site. We
may suspend of terminate your rights to use the Site at any time for
any reason at our sole discretion, including for any use of the Site
in violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will
terminate immediately. You understand that any termination of your
Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these
Terms. Even after your rights under these Terms and terminated, the
following provisions of these Terms will remain in effect: Sections 2
through 2.5, Section 3 and Section 4 through 10.
Copyright Policy
Company respected the intellectual property of others and asks that
users of our Site do the same. In connection with our Site, we have
adopted and implemented a policy respecting copyright law that
provides for the removal of an infringing materials and for the
termination of users of our online Site who are repeated infringers of
intellectual property rights, including copyrights. If you believe
that one of our users is, through the use of our Site, unlawfully
infringing the copyright(s) in a work, and wish to have the allegedly
infringing material removed, the following information in the form of
a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:
- your physical or electronic signature;
-
identification of the copyrighted work(s) that you claim to have
been infringed;
-
identification of the material on our services that you claim is
infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
-
a statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner, its
agent, or under the law; and
-
a statement that the information in the notification is accurate,
and under penalty of perjury, that you are either the owner of the
copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any
damages, costs and attorney's fees incurred by us in connection with
the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the
last e-mail address you provided to us and/or by prominently posting
notice of the changes on our Site. You are responsible for providing
us with your most current e-mail address. In the event that the last
e-mail address that you have provided for us is not valid, our
dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes described in the notice.
Any changes to these Terms will be effective upon the earliest of
thirty (30) calendar days following our dispatch of an e-mail notice
to you or thirty (30) calendar days following our posting of notice of
the changes on our Site. These changes will be effective immediately
for new users of our Site. Continued use of our Site following notice
of such changes shall indicate your acknowledgement of such changes
and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully.
It is part of your contract with Company and affects your rights. It
contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS
ACTION WAIVER.
Applicability of Arbitration Agreement. All claims
and disputes in connection with the Terms or the use of any product or
service provided by the Company that cannot be resolved informally or
in small claims court shall be resolved by binding arbitration on an
individual basis under the terms of this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and the Company,
and to any subsidiaries, affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or
unauthorized users of beneficiaries of services or goods provided
under the Terms.
Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to
the other party a written Notice of Dispute describing the nature and
basis of the claim or dispute, and the requested relief. A Notice to
the Company should be sent to: 25 Harbor Park Dr. Port Washington, NY
11050. After the Notice is received, you and the Company may attempt
to resolve the claim or dispute informally. If you and the Company do
not resolve the claim or dispute within thirty (30) days after the
Notice is received, either party may begin an arbitration proceeding.
The amount of any settlement offer made by any party may not be
disclosed to the arbitrator until after the arbitrator has determined
the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated
through the American Arbitration Association, an established
alternative dispute resolution provider that offers arbitration as set
forth in this section. If AAA is not available to arbitrate, the
parties shall agree to select an alternative ADR Provider. The rules
of the ADR Provider shall govern all aspects of the arbitration except
the the extent such rules are in conflict with the Terms. The AAA
Consumer Arbitration Rules governing the arbitration are available
online at adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sough is less
than Ten Thousand U.S. Dollars (U.S. ,000.00) may be resolved
through binding non-appearance-based arbitration, at the option of the
party seeking relief. For claims or disputes where the total amount of
the award sough is Ten Thousand U.S. Dollars (U.S. ,000.00) or
more, the right to a hearing will be determined by the Arbitration
Rules. Any hearing will be held in a location within 100 miles of your
residence, unless you reside outside of the United States, and unless
the parties agree otherwise. If you reside outside of the U.S., the
arbitrator shall give the parties reasonable notice of the date, time
and place of any oral hearings. Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
If the arbitrator grants you an award that is greater than the last
settlement offer that the Company made to you prior to the initiation
of arbitration, the Company will pay you the greater of the award or
,500.00. Each party shall bear its own costs and disbursements
arising out of the arbitration and shall pay an equal share of the
fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall
be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
Time Limits. If you
or the Company pursues arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations and within
any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated,
the arbitrator will decide the rights and liabilities of you and the
Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part
of any claim. The arbitrator shall have the authority to award
monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and
the Terms. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which
the award is based. The arbitrator has the same authority to award
relief on an individual basis that a judge in a court of law would
have. The award of the arbitrator is final and binding upon you and
the Company.
Waiver of Jury Trial. THE
PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO
TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead
electing that all claims and disputes shall be resolved by arbitration
under this Arbitration Agreement. Arbitration procedures are typically
more limited, more efficient and less expensive than rules applicable
in a court and are subject to very limited review by a court. In the
event any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration
award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims
and disputes within the scope of this arbitration agreement must be
arbitrated or litigated on an individual basis and not on a class
basis, and claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those of any
other customer or user.
Confidentiality.
All aspects of the arbitration proceeding shall be strictly
confidential. The parties agree to maintain confidentiality unless
otherwise required by law. This paragraph shall not prevent a party
from submitting to a court of law any information necessary to enforce
this Agreement, to enforce an arbitration award, or to seek injunctive
or equitable relief.
Severability. If any
part or parts of this Arbitration Agreement are found under the law to
be invalid or unenforceable by a court of competent jurisdiction, then
such specific part of parts shall be of no force and effect and shall
be severed and the remainder of the Agreement shall continue in full
force and effect.
Right to Waive. Any or
all of the rights and limitations set forth in this Arbitration
Agreement may not be waived by the party against whom the claim is
asserted. Such waiver shall not waive or affect any other portion of
this Arbitration Agreement.
Survival of Agreement.
This Arbitration Agreement will survive the termination of your
relationship with Company.
Small Claims Court. Nonetheless the foregoing, either
you or the Company may bring an individual action in small claims
court.
Emergency Equitable Relief. Anyhow
the foregoing, either party may seek emergency equitable relief before
a state or federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a
waiver of any other rights or obligations under this Arbitration
Agreement.
Claims Not Subject to Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud
and Abuse Act, and infringement or misappropriation of the other
party's patent, copyright, trademark or trade secrets shall not be
subject to this Arbitration Agreement.
In any circumstances
where the foregoing Arbitration Agreement permits the parties to
litigate in court, the parties hereby agree to submit to the personal
jurisdiction of the courts located within Netherlands County,
California, for such purposes.
The Site may be subject to
U.S. export control laws and may subject to export or import
regulations in other countries. You agree not to export, re-export, or
transfer, directly or indirectly, any U.S. technical data acquired
from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
Company is
located at the address in Section 10.8. If you are ae California
resident, you may report complaints to the Complaint Assistance Unit
of the Division of Consumer Product of the California Department of
Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between
you and Company use electronic means, whether you use the Site or send
us emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a)
consent to receive communications from Company in an electronic form;
and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you
electronically satisfy any legal obligation that such communications
would satisfy if it were to be in a hard copy writing.
Entire Terms. These Terms constitute the entire
agreement between you and us regarding the use of the Site. Our
failure to exercise or enforce any right or provision of these Terms
shall not operate as a waiver of such right or provision. The section
titles in these Terms shall not operate as a waiver of such right or
provision. The section titles in these Terms are for convenience only
and have no legal or contractual effect. The word "including" means
"including without limitation". If any provision of these Terms is
held to be invalid or unenforceable, the other provisions of these
Terms will be unimpaired and the invalid or unenforceable provision
will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship to Company is that
of an independent contractor, and neither party is an agent or partner
of the other. These Terms, and your rights and obligations herein, may
not be assigned, subcontracted, delegated, or otherwise transferred by
you without Company's prior written consent, and any attempted
assignment, subcontract, delegation or transfer in violation of the
foregoing will be null and void. Company may freely assign these
Terms. The terms and conditions set forth in these Terms shall be
binding upon assignees.
Your Privacy.
Please read our Privacy Policy.
Copyright/Trademark Information.
Copyright ©. All rights reserved. All trademarks, logos and service
marks displayed on the Site are our property or the property of other
third-parties. You are not permitted to use these Marks without our
prior written consent or the consent of such third party which may own
the Marks.
Contact Information
Address: 25 Harbor Park Dr. Port Washington, NY 11050
Email:
hello@ivyusa.com