Last Modified: November 15, 2018
ACCESSING THE PLATFORMS
This application (“app”) and website are operated by NIYA BEAUTY, INC. Throughout this agreement, we use the terms “we”, “us”, “our”, or the “Company” to refer to NIYA BEAUTY, INC. We refer to any professional accessing or using the application as “You,” the “User” or the “Member.” The following terms and conditions, privacy information and policies, together with any other legal agreements we reference (we call all of these collectively the “Terms”), govern your access to and use of the website, application, tools, materials, features, and/or content offered by NIYA BEAUTY, INC. (collectively the “Platforms” or “Services”).
Please read these Terms carefully before you start to use the Platforms. By using the Platforms, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, found below. If you do not want to agree to these Terms, you must not access or use the Platforms.
These Platforms are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using these Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use these Platforms.
All information we collect on these Platforms is subject to our these Terms. By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with these Terms.
ACCESSING THE PLATFORMS AND ACCOUNT SECURITY:
We reserve the right to withdraw or amend these Platforms, and any Services we provide within the Platforms, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of these Platforms is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of these Platforms, or the Platforms in their entirety, to Users.
You are responsible for:
- Making all arrangements necessary for you to have access to these Platforms.
- Ensuring that all persons who access the Platforms through your phone or device are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Platforms, or portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
ARTISTS ARE INDEPENDENT CONTRACTORS:
When using the Platforms, you may choose to interact with make up artists, estheticians, and/or other professionals (“Artists”) that use the Platforms as a platform for their services. These Artists are independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship exists between the Company or Artist. Neither the Company nor Artist may assume or create obligations on the other’s behalf, and neither the Company nor Artist may take any action that creates the appearance of such authority. Though the Company performs a limited review of applications to become Artists, any such screening is limited, and the Company does not warrant that any such screen is accurate, complete, conclusive or up-to-date. You understand and agree that the Company is not liable for Artist conduct and that Company shall be held harmless for any such Artist conduct.
RELIANCE ON INFORMATION POSTED:
The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of their contents.
These Platforms may include content provided by third parties, including Artists. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE PLATFORMS:
We may update the content on these Platforms from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Platforms may be out of date at any given time, and we are under no obligation to update such material.
If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Platforms. You are responsible for ensuring we have an up-to-date active and deliverable email address for you.
PAYMENT & BOOKINGS:
These Platforms may be used to find and offer Services and to facilitate payment transactions, but all transactions conducted via the Platforms are between users and Artists. The Company does not offer any purchase guarantees concerning Member’s payments for appointment bookings or service purchases or other product purchases from Artists.
The fees for the Services (“Fees”) shall be as set out on the Platforms. Members shall only pay for services through the Platforms. Any payment for services made outside of the Platforms is a violation of these Terms. Fees for the Service selected by you on the Platforms shall be debited, at the time of purchase, from the credit or debit card provided to the Company by Member. Payment of Fees is due in full at the time of booking. Any Fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and the Company shall not be responsible for these.
Users and Artists transact with each other on the Platforms when they both agree to a booking that specifies the fees, time period, cancellation policy, and other terms for provision of Services via the booking mechanism provided on the Platforms (a “Booking”). Once you complete a Booking, you agree to honor the price and other terms of that Booking.
ONLINE TRANSACTIONS AND OTHER TERMS AND CONDITIONS:
Additional terms and conditions may also apply to specific portions, services or features of the Platforms. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
LINKS TO OTHER WEBSITES:
These Platforms may contain links to other apps, websites, and resources provided by third parties. These links are provided for your convenience only. This includes links that may be contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those apps, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party apps or websites linked to these Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such apps or websites.
CHAT FUNCTIONS & COMMUNITY FORUMS:
Our Platforms may offer chat functions (“Chats”) and publicly accessible community forums (“Forums”). You should be aware that any information you provide in these Chats and Forums may be read, collected, and used by others who access them. It is your responsibility to ensure your privacy is not breached within these Chats and Forums by refraining from revealing private, sensitive, or otherwise confidential information.
We respect your privacy and want to help you keep your information confidential. In order to maintain confidentiality, we require that, when using the Platforms, Chats, and/or Forums:
- You will not disclose your username or password to any other user.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not use the Platforms for any purpose that is illegal or prohibited in these Terms.
- You will not encourage or promote any activity that violates these Terms.
CODE OF CONDUCT:
Niya Beauty, Inc. sees the beauty and dignity in all people. While using the Platforms and any services, you agree to treat other users with respect by adhering to the code of conduct (“Code of Conduct”) laid out here. You, therefore, may not use the Platforms, or enable anyone else to use the Platforms, in a manner that:
- violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
- bullies, harasses, intimidates, or promotes violence or hate speech.
- defames another.
- impersonates or attempts to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- misleads or otherwise spreads false information.
- spams or solicits our users by transmitting, or procuring the sending of, any advertising or promotional material, without our prior written consent.
- restricts or inhibits anyone’s use or enjoyment of the Platforms, or which, as determined by us, may harm the Company or users of the Platforms or expose them to liability.
Additionally, you agree not to:
- Use the Platforms in any manner that could disable, overburden, damage, or impair the Platforms or interfere with any other party’s use of the Platforms, including their ability to engage in real time activities through the Platforms
- Use any robot, spider or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms.
- Use any manual process to monitor or copy any of the material on the Platforms or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Platforms.
- Introduce any program, attacks, or other material to the Platforms platform which are malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, or any server, computer or database connected to the Platforms.
- Otherwise attempt to interfere with the proper working of the Platforms.
CHILDREN UNDER THE AGE OF 13:
Our Platforms are not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to, or on, the Platforms. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on these Platforms, or on or through any of their features/functionality, make any purchases through the Platforms, use any of the interactive or public comment features that may be available on these Platforms, or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use.
If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
The owner of the Platforms is based in the state of California, in the United States of America. We provide these Platforms for use only by persons located in the United States, unless otherwise specifically indicated. We make no claims that the Platforms or any of their content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:
We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
INTELLECTUAL PROPERTY RIGHTS:
These Platforms and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, collectively the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms grant you a limited, revocable, non-transferable, and non-exclusive license to use the Platforms for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platforms, except as follows:
- You may store any temporary or permanent files on your device that are required for use of the Platforms
- You may take screenshots of the Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide social media features in connection with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in these Terms.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platforms in breach of the Terms, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platforms or any content on the Platforms is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platforms not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks, in any way inconsistent with these Terms, without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs and slogans on these Platforms are the trademarks of their respective owners.
IMAGES, VIDEOS, AND ARTICLES:
We may display images, articles, audio, and video (the “Material”) on the Platforms from time to time. The types of Material Users are authorized to access on the Platforms includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
COPYRIGHT NOTICES – DMCA REQUESTS:
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If we publish or are hosting Content that you think infringes your copyright, please email us at firstname.lastname@example.org and we will address your concerns.
If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND ARTICLES, we believe that our use is legitimate and we may not remove it from the Platforms. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication by email to email@example.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
- For each alleged infringement that you wish to have removed, please provide the exact placement within the Platforms containing the Material. Screenshots of the Material are particularly helpful for identifying allegedly infringing material.
- Provide information reasonably sufficient to permit us to contact you – an email address and/or telephone number is preferred.
- For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document and email it to firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Platforms infringes your copyrights.
PRIVACY, INFORMATION COLLECTION, & DATA SECURITY
INFORMATION WE COLLECT:
These Terms apply to information we collect:
- On or through these Platforms.
- In email, text, and other electronic messages between you and the Company.
- If you interact with advertising and third-party applications, websites, and/or services, if they include links to these Terms.
These Terms do not apply to information collected by:
- The Company offline or through any other means not listed above, including on any other application or website operated by the Company or any third party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from, or on, the Platforms.
Niya Beauty, Inc.’s Privacy Assurance
- We do not sell your personal to any nonaffiliated third parties.
- We do not share your information with nonaffiliated companies that would use it to contact you about their own products and services, unless you have allowed us to do so and as permitted pursuant to a joint marketing agreement.
- We require our employees and persons or organizations that represent or assist us to protect your personal information and keep your information confidential.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT:
We collect several types of information from and about users of our Platforms, including information:
- By which you may be personally identified, such as your name, postal address, email address, telephone number, date of birth, credit card information, and other identifying information that you choose to share with us by which you may be contacted online or offline (“personal information”);
- That is about you but individually does not identify you, such as your annual nationality/ethnicity, gender, certain demographic information; and/or
- About your Internet connection, the device you use to access our Platforms, and usage details, including:
- Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
- Device operations: information about operations and behaviors performed on the device, such as whether the Platforms are currently in use or is running “in the background.”
- Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
- Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos. For more information see Location Sharing and Access to Photo Library below.
- Network and connections: information such as the name of your cellular network operator, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.
We collect this information:
- Directly from you when you provide it to us.
- Automatically from your device as you navigate through the Platforms. As stated above, information collected automatically may include usage details, IP addresses and information collected through online tracking technologies.
- From third parties, for example, our business partners or data brokers.
INFORMATION YOU PROVIDE TO US:
The information we collect on or through our Platforms may include:
- Information that you provide by filling in forms on our Platforms. This includes, but is not limited to, information provided at the time of registering to use our Platforms. We may also ask you for information when you report a problem with our Platforms.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Details of transactions you carry out through our Platforms.
- Your search queries on the Platforms.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION
As you navigate through and interact with our Platforms, we may use automatic data collection technologies to collect certain information about your device, browsing actions and patterns, including:
- Details of your visits to our Platforms, such as location data, logs and other communication data, and the features that you access and use on the Platforms.
- Information about your device and Internet connection, including your IP address and physical location.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Platforms and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Recognize you when you return to our Platforms.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of the Website, and our emails, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages, or opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
DO NOT TRACK:
“Do Not Track” is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We collect information about your actual location when you use our Platforms. Location information may help us tailor our Services for you, for example, by notifying you of local events or offers in your area or to tell other users of the Platforms that you are nearby.
We use various technologies to obtain your location. Your location can be determined with varying degrees of accuracy by:
- IP address
- Sensor data from your device
- Information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices
The types of location data we collect depend in part on your device and account settings. If you have “Background Location,” “Background App Refresh” or any similar background app settings turned on, the Platforms will, from time to time, tell us about your device’s location even if you are not directly interacting with the Platforms. You can avoid tracking when not directly interacting with the Platforms by turning these settings off.
ACCESS TO PHOTO LIBRARY:
Many of our services require us to collect images and other information from your device’s camera and photos, meaning we may request access to your device’s photo library. You are not required to grant us access to your device’s library, but you understand that by refusing access to the Platforms, some of the Platforms’s features may be limited. When you grant us access to your photo library, you enable us to access your photos, videos, and any metadata. Depending on your settings, you may also grant us permission to add photos, as well as read and write within your photo library. You can avoid this by updating your settings to reflect the level of permissions you would like granted to the Platforms.
HOW WE USE YOUR INFORMATION:
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Platforms and their contents to you.
- To prevent fraud.
- To comply with requests from regulatory and law enforcement authorities.
- To provide you with notices about your account, which may include expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, claims, and collection.
- To notify you about changes to our Platforms or any products or services we offer or provide through them.
- To fulfill any other purpose for which you provide it.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ services that may be of interest to you. If you do not want us to use your information in this way, please send an email stating your request to email@example.com.
DISCLOSURE OF YOUR INFORMATION:
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Niya Beauty, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Niya Beauty, Inc. about our Platforms users is among the assets transferred.
- To third parties to market their products or services to you, unless you have opted-out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION:
We strive to provide you with choices regarding the personal information you provide to us. The following mechanisms should help to provide you with control over your information:
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, please send an email stating your request to firstname.lastname@example.org.
- Promotional Offers from the Company/Affiliates. If you do not wish to have your email address/contact information used by the Company or its affiliates to promote our own or third parties’ products or services, please send an email stating your request to email@example.com. If we have sent you a promotional email, you may use the unsubscribe option in the footer of the email. This opt out does not apply to information provided to the Company as a result of a product or service purchase, or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
ACCESSING AND CORRECTING YOUR INFORMATION:
You can review and change your personal information by logging into your account profile on the Platforms and navigating to the appropriate settings page. You may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. We cannot delete some of your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or regulatory requirement, result in fraud, or cause the information to be incorrect.
YOUR CALIFORNIA PRIVACY RIGHTS:
If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties for their own direct marketing uses. California law provides that you have the right to submit a request to us at our email address in order to receive information on the categories of customer information that we shared and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information, please send an email message to email@example.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you in your email address in response.
Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us through the Platforms and is stored on our secure, password protected servers behind firewalls. We have implemented a restricted employee access for all of our servers containing personally identifiable information.
Any payment transactions will be encrypted using SSL technology. We use Stripe (PCI-DSS compliant) as our payment processor.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platforms, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platforms. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platforms.
DISCLAIMER OF WARRANTIES:
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DOWNLOADING THESE PLATFORMS, OR VISITING ANY WEBSITE LINKED TO THEM.
YOUR USE OF THESE PLATFORMS, THEIR CONTENT AND ANY MATERIALS OR ITEMS OBTAINED THROUGH THESE PLATFORMS IS AT YOUR OWN RISK. THESE PLATFORMS, THEIR CONTENT AND ANY MATERIALS OR ITEMS OBTAINED THROUGH THESE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THESE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THESE PLATFORMS OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THESE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platforms, including, but not limited to, your User Contributions, any use of the Platforms’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platforms.
If you have any issue or dispute with the Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in San Diego County, CA. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
LIMITATION ON TIME TO FILE CLAIMS:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THESE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY:
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the sole and entire agreement between you and us with respect to the Platforms and Services provided, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms.
YOUR COMMENTS AND CONCERNS:
These Platforms are operated NIYA BEAUTY, INC.
All feedback, comments, requests for technical support and other communications relating to the Platforms should be directed to email@example.com.