TERMS OF USE

Effective as of August 1, 2017

Beautopia LLC (collectively, “Beautopia, LLC,” the “Company,” “us,” “our,” or “we”) welcomes you (“you” or “user”) to our website. By viewing, accessing or using any of the Beautopia LLC’s Internet properties including, without limitation, www.BeautopiaHair.com, mobile websites, microsites, mobile applications (“Apps”), profiles on social media sites and any other digital websites or properties operated or used by the Company from time to time (collectively referred to as the "Websites") you agree to comply with and be bound by these Terms of Use ("Terms of Use"). Please review the following terms carefully. By accessing or using the Websites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access, view, or use any Websites or any App.

PRIVACY POLICY

The Company respects the privacy of its Websites users. Please refer to the Company’s Privacy Policy (found here: www.BeautopiaHair.com/privacy-policy), which explains how we collect, use, and disclose information that pertains to your privacy. When you access, view, or use the Websites, you agree to this Privacy Policy.

YOUR CALIFORNIA PRIVACY RIGHTS: NOTICE TO CALIFORNIA CUSTOMERS California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. (Note: The Websites may not recognize the “do not track signals” that some browsers may employ.) As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties' direct marketing purposes offline or for email please write to us at info@beautopiallc.com. To find out more about your opt-out rights, please contact us as described in the "User Consent to Receive Electronic Communications" section below.

 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE WEBSITES

You need to be at least 13 years old and a resident of the United States to register for and use the Websites. We do not knowingly provide any Websites or allow an account for anyone under the age of 13. The Websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the Company regarding your use and access to the Websites. By using the Websites, you agree to the Terms of Use. You may be able to create a personalized account that includes a unique username and a password to access the Websites and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, or account.

1. post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive
2. use the Websites for any unlawful purpose or for the promotion of illegal activities;
3. attempt to, or harass, abuse or harm another person or group
4. use another user’s account without permission;
5. provide false or inaccurate information when registering an account;
6. interfere or attempt to interfere with the proper functioning of the Websites;
7. make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
8. bypass any robot exclusion headers or other measures we take to restrict access to the Websites or use any software, technology, or device to scrape, spider, or crawl the Websites or harvest or manipulate data; or
9. publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

USER GENERATED CONTENT

When you create your account, you may be able to provide feedback, comment, or any other content (“User Content”). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Websites. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Websites at its sole discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Websites, you agree as follows:

1. You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
2. You will not post information that is malicious, false, or inaccurate;
3. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
4. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Websites, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Websites is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Websites. By contributing User Content to any of the Websites or social media profiles, users understand and acknowledge that this information is available to the public and grant the Company a nonexclusive license to display, reproduce, transmit, modify such User Content and that the Company may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact the Company’s Copyright Agent as identified in these Terms of Use. The Company does not approve, endorse, or adopt any User Content, and the Company assumes no liability for any User Content submitted by you or others. You agree to indemnify the Company against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these Websites used, published, copied, or reprinted, should not post on the Websites or any social media profiles or accounts. Please note that other participants may use posted information beyond the control of the Company. All User Content is read at your own risk; and the Company recommends that you not rely on the information or advice in any of these postings. The Company retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The Company also retains the right to ban or block a user from posting on the Company social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All User Content must comply with these Terms of Use and any other Company policies, terms, conditions, or other documents incorporated by reference. You acknowledge, consent and agree that the Company may access, preserve and disclose your account information and the User Content you have posted by Users of the Websites if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the Company to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer Websites; or (e) protect the rights, property or personal safety of the administrators of the Websites, its users, and the public.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content (including User Content) made available through the Websites, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Websites and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Websites. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Websites, or transmitted to users. Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Websites or to limit or deny a user’s access to the Websites or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Websites, please contact us info@beautopiallc.com.

LINKS TO OTHER WEBSITES OR MATERIALS

As part of the Websites, the Company may provide you with links to third party website(s) (“Third Party Websites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Website subscribers. The Company has no control over Third Party Websites and Third Party Applications, Software or Content or the promotions, materials, information, goods or websites available on these Third Party Websites or Third Party Applications, Software or Content. Such Third Party Websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company; and the Company is not responsible for any Third Party Websites accessed through the Websites or any Third Party Applications, Software or Content posted on, available through or installed from the Websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Websites and access the Third Party Websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Websites to which you navigate from the Websites or relating to any applications you use or install from the Websites. The Websites may contain advertisements. The inclusion of advertisements on the Websites does not imply endorsement of the advertised products or Websites. The Company shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Websites. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

INTELLECTUAL PROPERTY AND COPYRIGHTS

This policy statement lists our requirements for notice of copyright infringement and for responses to such a notice if you or your materials are accused. We use the copyright infringement procedures of the Digital Millennium Copyright Act. We respect the intellectual property rights of others and requests that the users do the same. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

a. Notice of Copyright Infringement. To notify us of copyright infringement, please send a written communication to our Copyright Notices Department, which may be contacted at the address in Section c below. That written communication should include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
3. 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 us to locate the material.
4. nformation reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Counter-Notice by Accused Subscriber. If you are a subscriber and we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Notice Department, which may be contacted at the address in Section 3. That written communication should include the following:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the subscriber’s address is outside of the United States, the Federal District Court for the District of Minnesota, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

c. Agent for Notices. Please send all notices required by this policy to our Copyright Agent at:

Beautopia LLC

7777 Golden Triangle Drive

Suite 150

Eden Prairie, MN 55344

E-Mail: info@beautopiallc.com

d. Termination of Repeat Infringers. In appropriate circumstances, we will terminate the accounts of subscribers who are repeat copyright infringers. If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Websites after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Websites, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Websites.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Websites, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Websites may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

To the extent that the Websites’ functions include e-mail or electronic messaging capabilities, communications made through the Websites’ e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

To the extent that the Websites’ functions include e-mail or electronic messaging capabilities, communications made through the Websites’ e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

USER CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address or text/sms message phone number you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to info@beautopiallc.com or mail to the following postal address:

Beautopia LLC

7777 Golden Triangle Drive

Suite 150

Eden Prairie, MN 55344

USA

Opting out may prevent you from receiving messages regarding the Company or special offers.

CLICK-THROUGH AGREEMENTS

In certain areas of the Websites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a click-through agreement. To the extent there is a conflict between these Terms of Use and any click-through agreement for the activity in which you choose to participate, the click-through agreement will govern. The Company's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. For instance, the Terms of Use for Websites that allow users to post comments and participate in discussion boards or blogs will apply to users of those Websites in addition to these Terms of Use.

INDEMNIFICATION

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Company Parties from and against all claims arising from or in any way related to your use of the Websites and/or the Company Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Websites, your User Content, or the Company Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. The Company will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations and will not relieve you from any other liability that you may have to the Company.

WARRANTY DISCLAIMER

THE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE WEBSITES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS FROM, AND NONE OF THEM SHALL BE LIABLE TO YOU, FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITES; (C) THE WEBSITES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS IN THESE TERMS OF USE THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE COMPANY'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE WEBSITES, OR THE COMPANY CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. If you have a dispute with one or more users or any stylist or other vendor or merchant of the Company, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and without notice. Updated or amended Terms of Use will be posted on the Websites. It is your sole responsibility to check the Websites from time to time to read the new Terms of Use, Privacy Policy and other documents posted on the Websites. If you continue to use the Websites, you agree to our revisions to these Terms of Use. However, we will notify you of significant and material changes to the terms by posting a notice on our homepage or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. These Terms of Use and all matters regarding your use of the Websites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Minnesota, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any agreements or notices in electronic form shall be admissible in any legal, investigative, or regulatory proceedings. The failure of the Company to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect. These Terms of Use, together with any revisions or changes, or any documents, terms, policies, or conditions incorporated by reference, and any click-through agreement, constitutes the entire agreement between you and the Company relating to the Websites and their use by you, and supersedes any previous written or oral communication regarding use of the Websites. If you have any questions or concerns regarding these Terms of Use or the Websites, please visit our "Contact Us" page. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. The Company makes no claims regarding access or use of the Websites or the Company Content outside of the United States. If you use or access the Websites or the Company Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use. The Company provides opportunities for user interaction within its Websites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging Websites. On those social media profiles, content and links to other Internet Websites should not be construed as an endorsement of the organizations, entities, views or content contained therein. The Company is not responsible for content or links posted by others. The Company may assign or delegate these Terms of Websites or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time without your consent. However, you may not assign or delegate any rights or obligations under the Terms of Websites, Privacy Policy, or any other terms, conditions, or policies of the Company without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT www.BeautopiaHair.com/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.