These Terms of Service (“Terms”) constitute a legal agreement between Beauty Books LLC (”Beauty Books,” “we,” “our” or “us”) and you, as a current or prospective customer of our services (“you,” “your”). These Terms govern your use of Beauty Books’ services, including our website, software, mobile applications, cloud-based solutions and other products and services we offer in the United States (collectively, the “Services”). By using any of the Services, you agree to these Terms and any policies that may be referenced in these Terms (“Policies”), which are collectively incorporated herein by reference. You also agree to any additional terms specific to Services you use (“Additional Terms”), which shall become part of your agreement with us. If you are using the Services on behalf of a business or other organization, you represent to us that you have authority to bind that business or organization to these Terms, and that business or organization, as applicable, accepts these Terms.
You must open an account with us (“Beauty Books Account”) to use the Services. During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Beauty Books Account, including for any actions taken by persons to whom you have granted access to the Beauty Books Account. We reserve the right to change the account type, suspend or terminate the Beauty Books Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
We require your consent to, and approval of, these “E-Consent Terms” as a condition to your using the Services. These E-Consent Terms notify you of your rights when receiving electronic disclosures, records, notices, and information (“E-Communications”). E-Communications you may receive include but are not limited to these Terms, our Privacy Policy, and Beauty Books Account statements. By using the Services, you acknowledge and agree: (i) that you have read and understand these Terms; (ii) that you wish to enter into these Terms electronically; (iii) to receive all E-Communications electronically; (iv) all E-Communications provided to you In electronic form are deemed to have been provided in written form; and (Iv) you received these E-Consent Terms and that you consent to conduct all transactions with us and our third-party partners, service providers, and vendors (“Partners”) and to receive all E-Communications electronically. The date of receipt of any E-Communications will be deemed the date on which such notice is transmitted by Beauty Books.
You may request E-Communications in paper copy by sending an e-mail to support@ddg.devneon.com or contacting our Partners directly. We reserve the right to determine which E-Communications require a paper copy in accordance with applicable law, and charge a fee, at our discretion, for providing such paper copies.
Your E-Consent applies to all interactions online concerning you and us (and/or our Partners, as applicable) and includes interactions engaged in on any mobile device (whether smartphone, tablet or otherwise) or computer. By agreeing to these Terms, you are consenting to have us (and/or our Partners, as applicable) process your information and interact with you electronically. We (and/or our Partners, as applicable) may also send you E-Communications that are related to our (and their) interactions and transactions with you. E-Communications may be provided online through our website or mobile applications, or our Partners’ websites or mobile applications, and may be provided by e-mail.
Your consent to receive E-Communications will remain in effect until you withdraw it. You may withdraw your consent to receive E-Communications by sending an e-mail to support@ddg.devneon.com. If you withdraw your consent to receive E-Communications, we reserve the right to either restrict or close your Beauty Books Account in whole or in part.
Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive E-Communications will not apply to E-Communications provided by us to you before the withdrawal of your consent becomes effective.
We may modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by posting the modified Terms in our mobile application or on our website with a new revision date at the top or through e-mail or other communications. It’s important that you review the Terms whenever we modify them because if you continue to use any of the Services after we have posted modified Terms in our mobile application or on our website, you are confirming to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you will not be allowed to use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may not, nor may you permit any third party, directly or indirectly, to:
If we reasonably suspect that your Beauty Books Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Beauty Books Account, and any of your transactions with law enforcement.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jailbroken.”
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (collectively, “Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Terms. You may modify or remove your Content via your Beauty Books Account or by terminating your Beauty Books Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights (defined below); (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with our or our Partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Beauty Books, its affiliates or its customers or other persons to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. We may also monitor such Content to detect and prevent fraudulent activity or violations of these Terms. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Beauty Books Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with us and provide all information requested by us to remediate the breach. Any assistance provided by Beauty Books in relation to a security breach does not in any way operate as acceptance or acknowledgement that we are in any way responsible or liable to you or any other party in connection with such breach.
Notwithstanding Section 20, below, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of the Beauty Books Account(s) subject to dispute) will be final and binding on all parties.
By using any of our Services, you acknowledge our data practices that apply to you, as set out in the Beauty Books Privacy Policy. The Privacy Policy explains how we collect, use, and protect the personal information you provide to us where Beauty Books makes use of your personal data to provide you with the Services or for our own purposes. You must familiarize yourself with the Privacy Policy as a condition of using the Services.
Beauty Books and/or our Partners will process certain of your customers’ and/or employees’ personal data on behalf of your business as a service provider (“data processor”). In such circumstances, you agree that you will comply with the data protection laws applicable to you and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you register for a Beauty Books Account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from us by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
We may also provide Services that allow you to send short message service (SMS) messages to your customers (the “Stylist-Initiated SMS Services”). You will only use the Stylist-Initiated SMS Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.
By registering for the Services, including after any limited free trial period, you agree to pay us the subscription fee and any applicable Taxes (as defined below) (“Subscription Fee”). The Subscription Fee may be paid by debit card, credit card, or deducted from your transaction proceeds. If you link a debit or credit card to your Beauty Books Account, you authorize us to collect the Subscription Fee by debit from your linked debit card or charge to your linked credit card. Regardless of payment device or method, we reserve the right to collect Subscription Fees by deducting the fee amount from your transaction proceeds or your linked bank account.
Unless otherwise provided in these Terms or Additional Terms, Subscription Fees will be charged on the first of every month until canceled. You may cancel a Service at any time from your Beauty Books Account settings. If you cancel a Service, you will continue to have access to that Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of the relevant Service after notice of a change to our Subscription Fee will constitute your agreement to such changes.
For purposes of these Terms, “Tax” and “Taxes” include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign taxing authority, including any penalties, interest or additions to tax (collectively, “Taxes”).
We may charge applicable Taxes on Services, as required by law, which you agree to pay, unless you provide us with timely appropriate, complete, and accurate information and documentation satisfying the legal and Tax requirements of the relevant governmental or Tax authority to establish that the otherwise applicable Tax is not required to be charged by us.
Beauty Books may be obligated under applicable laws to report certain information to tax and revenue authorities (“Tax Information”) and/or you with respect to your use of the Services. Upon request, you shall provide us with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law, or otherwise in connection with any Tax audit or examination. If you use our Services, you acknowledge that we will report to the applicable Tax and revenue authorities the required Tax Information (including the total number and amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported.
We may terminate these Terms or any Additional Terms, or suspend or terminate your Beauty Books Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Beauty Books Account. You may also terminate the Terms and Additional Terms applicable to your Beauty Books Account by deactivating your Beauty Books Account at any time.
If these Terms or your Beauty Books Account is terminated or suspended for any reason: (a) your right to use the Services and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations you have to us, the following sections of these Terms shall survive and remain in effect in accordance with their terms upon termination: Sections 6 (Your Content), 7 (Security), 8 (Privacy), 12 (Termination), 14 (Intellectual Property), 16 (Indemnification), 17 (Representations and Warranties), 18 (Disclaimer), 19 (Limitation of Liability), 20 (Dispute Resolution), 21 (Governing Law), 22 (Third-Party Services and Links to Other Websites), and 24 (Miscellaneous Terms).
Subject to your payment of all applicable Subscription Fees, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Services, as authorized in these Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. Any such updates may be subject to additional terms made known to you at that time.
We reserve all rights not expressly granted to you in these Terms and any Additional Terms. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. These Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit feedback, comments or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such ideas as we see fit without any obligation to you.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
Beauty Books’ copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Beauty Books LLC
Attn: General Counsel
2300 West Sahara Avenue, Suite 800
Las Vegas, NV 89102
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made by your customer regarding Beauty Books’ or our Partners’ processing of your customer personal information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are located in the United States; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms; (d) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will at all times be in compliance with these Terms.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BEAUTY BOOKS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BEAUTY BOOKS DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.
Beauty Books does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEAUTY BOOKS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, BEAUTY BOOKS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL BEAUTY BOOKS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR BEAUTY BOOKS ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BEAUTY BOOKS IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BEAUTY BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
These Terms and any dispute between you and us will be governed by the Federal Arbitration Act, as set forth above, and by Nevada law and/or applicable federal law, without regard to its choice of law or conflicts of law principles. Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues.
You may be offered services, products and promotions provided by third parties and not by Beauty Books (“Third-Party Services”). If you decide to use Third-Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third-Party Services. Further, you agree to resolve any disagreement concerning any Third-Party Service directly with the third party providing that service in accordance with the terms and conditions governing that business relationship, and not us.
The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Beauty Books, and such third party websites are not governed by these Terms. You access any such website at your own risk, and we expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services, is subject to that website’s own terms, rules and policies.
We may receive personal information from your customers for the purpose of performing Services on your behalf as described in these Terms. We will process such personal information collected, processed, stored or transmitted by, or accessible to us in the course of these Terms, only on your behalf, and for the purpose of providing you with the Services. We acknowledge that we are prohibited from: (i) selling your customers’ personal information; and (ii) retaining, using, or disclosing this information for any purpose other than providing to you the Services specified in these Terms. As part of, and for purposes of, facilitating the Services, Beauty Books may (a) de-identify or aggregate your customers’ personal information; (b) process such information for operational purposes, including, without limitation, verifying or maintaining the quality of the Services; improving, updating or enhancing the Services either for you or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations.
No provision in these Terms, and any applicable Additional Terms is intended or shall create any rights with respect to the subject matter of these Terms, and any applicable Additional Terms, in any third party. Unless expressly permitted by an authorized representative of Beauty Books, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you to a third party, and any attempted transfer or assignment will be null and void. These Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Beauty Books regarding the Services. In the event of a conflict between these Terms and any other Policy or agreement you may have with us, these Terms will prevail and control the subject matter of such conflict. If any provision of these Terms or any Additional Terms is invalid or unenforceable under applicable law, then such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms do not limit any rights that Beauty Books may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.
