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Date of Last Revision: October 18, 2016
Thank you for using Your Custom Beauty provided by Youngblood Enterprises, LLC (“Your Custom Beauty”, “we”, “us” or “our”).
The services we offer are described more fully on the Site, and are selected by you through the process provided on the Site (“Services”;), solely for your own use, and not for the use or benefit of any third party. Specifically, we provide registered users with beauty product recommendations that may be appropriate for a user based upon the information such user provides regarding personal attributes and characteristics. The term “Services”; includes, without limitation, any services the Site performs for you and the content offered by and/or on the Site. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may change, suspend or discontinue any or all of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and specific Services or restrict your access to some or all of the Services without notice or liability.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for the Site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
You represent and warrant to us that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.
You also certify that you are legally permitted to use the Services and access the Site and take full responsibility for the selection and use of the Services and access of the Site.
This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, internet access, modems, hardware, software, and long distance or local telephone service.
You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Site and Services are offered by us from our facilities in the United States of America. We make no representations that the Site or Services are appropriate or available for use in other locations or jurisdictions. Users who access or use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
The Site provides registered users with beauty product recommendations that may be appropriate for a user based upon the information such user provides regarding personal attributes and characteristics. It is the user’s responsibility to provide accurate information in order for our Services to determine the suitability of a particular product or products for that particular user. The Services and the contents of the Site are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment.
In addition to providing beauty product recommendation, the Services allow the user to search for, compare, read and provide product reviews, and select beauty products through the Site.
You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access on our Site. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Your Custom Beauty’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications at any time.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Custom Beauty does not charge users for any of our product recommendation services or any other information or Services that we may provide on the Site. However, we reserve the right to require payment of fees for certain or all Services. We reserve the right to institute new charges at any time, upon at least ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, features, tools or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form.
Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such Content’s copyright notice. You will not link to the Site without our prior written consent.
Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that we do not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. We will have no obligation to monitor any user generated content, however, we and our agents reserve the right to monitor user generated content and may remove or block any content on the Site or through the Services, including disabling access to content that you have downloaded through the Services.
The Site may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
The Services, the contents of the Site (such as text, graphics, images, search results, data and information contained therein), and such materials obtained from our licensors or other third parties, are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment. Do not ignore professional medical advice or delay in seeking treatment because of anyone or anything on the Site. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not endorse any specific tests, physician, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any such information is solely at your own risk. Neither Your Custom Beauty, the Site nor the Services will be held liable or responsible for any adverse reactions that may result from your use of a recommended product or service. Actual product packaging and materials may contain more and/or different product and ingredient information than what is shown on our Site. Any product that you purchase as a result of recommendations made by the Services or the Site should be tested on a small patch of skin before using as directed by manufacturer. We recommend that you do not rely solely on the information presented by the Services or on the Site or any third party website affiliated with Site and that you always read product labels, warnings, and directions before using or consuming any product or service.
Some of the features of this Site or the Services found at this Site may allow you to view, post, publish, share, store, or manage (i) ideas, opinions, recommendations, feedback or advice (” Customer Feedback”), or (ii) literary, artistic or other content, including but not limited to photos and videos (“Customer Submissions”) (Customer Feedback together with Customer Submissions, “Voluntary Suggestions”). By providing Voluntary Suggestions to Your Custom Beauty via any method (e.g. website submission, email, survey responses, etc.), you represent and warrant to Your Custom Beauty that (a) you have all necessary rights to provide and distribute Voluntary Suggestions via this Site or via the Services found at this Site, either because you are the author of the Voluntary Suggestions and have the right to provide and distribute the same, or because you have the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the Voluntary Suggestions, and (b) you do not violate the rights of any third party by providing the Voluntary Suggestions.
Your Custom Beauty makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available on or via the Services (collectively, Discussion Areas;) or with respect to any messages, information, or materials contained in the Discussion Areas. Your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense. Your Custom Beauty does not, and cannot, review all of the information and materials provided in the Discussion Areas and has no responsibility or liability for any such information or materials or their use. If Your Custom Beauty becomes aware of any information or materials that it determines violate these Terms or the Discussion Areas policies promulgated by Your Custom Beauty from time to time or that Your Custom Beauty otherwise deems inappropriate in its sole discretion, Your Custom Beauty reserves the right to delete, move, or edit any such information or materials.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Site or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Your Custom Beauty.
We reserve the right to remove any Content from the Site or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Your Custom Beauty, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Site and Services:
The use of the Services to engage in any activity that is determined by Your Custom Beauty, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Your Custom Beauty will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes, duties and/or other governmental assessments associated with your activity on the Site.
This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Engaging in any activity that, in Your Custom Beauty’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Your Custom Beauty’s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Your Custom Beauty’s customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, your failure to cooperate with Your Custom Beauty in correcting or preventing violations of these Terms by, or that result from the activity of, your or any invitee or guest of yours constitutes a violation of these Terms by you. Without limiting the rights and remedies available to it, Your Custom Beauty reserves the right in its sole discretion, to suspend or terminate your access to its account and the Services, with or without notice, and to take any other action that Your Custom Beauty determines in its sole discretion is necessary as a result of any behavior by you that is illegal, inappropriate, disruptive to this Site, the Services, or to any other user of this Site or the Services, or which otherwise breaches these Terms. Your Custom Beauty may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in Your Custom Beauty’s sole discretion, Your Custom Beauty will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using this Site or the Services. These prohibitions do not require Your Custom Beauty to monitor, police, remove or reject any content, information, graphics, photographs or links posted or uploaded or otherwise provided by you or any User Voluntary Suggestions or other information submitted by you or any other user.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER YOUR CUSTOM BEAUTY NOR ITS, AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Your Custom Beauty will respond to notices of copyright infringement that comply with applicable law. If a copyright holder believes that there has been a violation of his/her copyright on a Site that is hosted by Your Custom Beauty, the copyright holder may request that Your Custom Beauty remove or disable the material by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act “DMCA”, the written notice must include substantially the following:
Our designated Copyright Agent to receive DMCA notices is:
C/O Youngblood Enterprises, Inc.
1502 S. Boulder, #14F
Tulsa, OK 74119
Please be aware that if you knowingly make a material misrepresentation that material or activity is infringing your copyright, you may be held liable for damages under the DMCA.
You will indemnify and hold Your Custom Beauty and its affiliates and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) from any claim or demand made by any third party due to or arising out of your or any third party (authorized, permitted or enabled by you) access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, except to the extent the foregoing directly result from Your Custom Beauty's own gross negligence or willful misconduct. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Your Custom Beauty with respect to any third party, any third party's website or its content, or any information, products, or services provided by a third party.
YOUR CUSTOM BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY PRODUCTS OR SERVICES AND WILL NOT BE LIABLE FOR ANY PRODUCTS OR SERVICES YOU RECEIVE FROM THIRD PARTIES.
This Agreement will remain in full force and effect while you use the Site. We may terminate your access to the Site (and/or any feature thereof) at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Site and Services. We may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms and conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which are expressly stated to survive and which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
You can stop using our Services at any time, although we’ll be sorry to see you go. Your Custom Beauty may also stop providing Services to you, or add or create new limits to our Services at any time.
Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For our own operational efficiencies and purposes, Your Custom Beauty from time to time backs up data on its servers, but is under no obligation or duty to you to do so under these Terms. IT IS SOLELY YOUR DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP YOUR FILES AND DATA WHICH MAY RESIDE ON OUR SITE’S SERVERS. UNDER NO CIRCUMSTANCES WILL YOUR CUSTOM BEAUTY BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF YOUR FILES AND/OR DATA ON ANY OF OUR SERVERS.
1. Arbitration, Governing Law and Jurisdiction. The laws of the State of Oklahoma will govern the validity and construction of this Agreement and any dispute arising out of or relating to this Agreement, without regard to the principles of conflict of laws. Disputes arising from this Agreement will be settled by arbitration administered by the American Arbitration Association under its procedural Commercial Arbitration Rules by one arbitrator in the City of Tulsa, Oklahoma, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator will, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party as follows: (a) 100% if the arbitrator rules in favor of the prevailing party on all disputed issues, and (b) allocated between the parties with the party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of the costs of arbitration, its legal fees and expenses. This provision will not impair either party’s ability to receive injunctive or other equitable relief from any court with jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
2. WARRANTY DISCLAIMER. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE WILL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”; AND “WITH ALL FAULTS”. YOUR CUSTOM BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR CUSTOM BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (i) THE ABILITY OF THE SERVICES OR SITE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE OR THE SERVICES, (iii) THE RESULTS YOU MAY OBTAIN FROM THE SERVICES FOUND AT THIS SITE, (iv) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (v) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND YOUR CUSTOM BEAUTY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY YOUR CUSTOM BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR ANY SERVICE REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (a) CONSTITUTE PERSONAL, LEGAL OR MEDICAL ADVICE OR (b) CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO ITS SITUATION.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, YOUR CUSTOM BEAUTY’S WARRANTIES, CONDITIONS AND REPRESENTATIONS WITH RESPECT TO THIS SITE AND THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
3. LIMITATION OF LIABILITY. IN NO EVENT WILL YOUR CUSTOM BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (i) ANY AMOUNT IN THE AGGREGATE FOR MORE THAN THE GREATER OF $10 OR THE TOTAL FEES ACTUALLY RECEIVED BY YOUR CUSTOM BEAUTY FROM YOU FOR THE SERVICES DURING THE THREE-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE; (ii) CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, AND WHETHER OR NOT YOUR CUSTOM BEAUTY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (iii) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (iv) ANY MATTER BEYOND OUR REASONABLE CONTROL. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF YOUR CUSTOM BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR SUCH DAMAGES WITH RESPECT TO THIS SITE AND THE SERVICES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
4. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
5. No Assignment by You. You may not assign this Agreement without the prior written consent of Your Custom Beauty, which Your Custom Beauty may refuse in its sole discretion. Any attempt by you to assign this Agreement without prior written consent from Your Custom Beauty will be deemed null and void. Your Custom Beauty may assign this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
6. Waiver. The failure of Your Custom Beauty to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.
7. Entire Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The section headings and titles in these Terms and this Agreement are for convenience only and have no legal or contractual effect. These Terms and this Agreement will be interpreted without application of any strict construction in favor of or against You or Your Custom Beauty.
8. Independent Contractors. No agency, partnership, joint venture or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Your Custom Beauty in any respect whatsoever.
9. Force Majeure. Your Custom Beauty will have no liability to you or any third party for any failure by Your Custom Beauty to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Your Custom Beauty, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.
If you have any questions or notices of violation of this Agreement, please contact the Site by sending an email to email@example.com.
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Not only will we provide you with specific, customized cosmetics recommendations, but we're going that extra mile to give you the exact shades that will work best for you based on your skin tone, undertone, and other personal characteristics.
So not only will you receive recommendations for the best of the best eyeshadows, blushes, lipsticks, powders and more -- we'll give you the specific names of the colors that are perfect matches for you!
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