REFLECT BEAUTY TERMS OF SERVICE

 

Last Updated: September 26, 2019

 

IMPORTANT. READ THESE TERMS OF SERVICE BEFORE USING THE REFLECT BEAUTY WEBSITE LOCATED AT http://reflectbeauty.com(“Site”). BY USING THE SITE, YOU (“you” or “your”) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND THAT YOU UNDERSTAND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, YOU ARE NOT PERMITTED AND NOT AUTHORIZED TO ACCESS THE SITE.

THE CONTENT OF THE SITE IS FOR YOUR GENERAL INFORMATION AND NONCOMMERCIAL USE ONLY. THESE TERMS OF SERVICE CONTAIN A LIMITATION OF OUR LIABILITY TO YOU IN SECTION 8BELOW, A CLASS ACTION WAIVER IN SECTION 16BELOW, AND A TIME LIMITATION TO FILE A LAWSUIT AGAINST US IN SECTION 17BELOW.

 

  1. Use of Site; Advertisements; Sponsored Content

You have a limited right to use the Site only if you can form a binding contract with Mirror Digital, Inc. (“we”, “our”, or “us”)who operates the Site, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In any case, you must be at least 13 years old.  If you are accepting these Terms of Service and using the Site on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Site only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Site.  

The Site may include advertisements and sponsored content, which may be targeted to you, the content or information on the Site, or other information. The types and extent of advertising and sponsored content on the Site are subject to change. In consideration for us granting you access to and use of the Site, you agree that we and our third party providers and partners may place such advertising on the Site.  You can view our Privacy Policy located at located at https://reflectbeauty.com/privacy-policy for details on the information we collect and learn about your options to opt-out of targeted advertising.

 

  1. Ownership

You have no ownership rights in the Site. Rather, you have a limited right to use the Site as long as these Terms of Service remains in full force and effect. Ownership of the Site and all intellectual property rights therein shall remain at all times with us. Any other use of the Site by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of these Terms of Service.

 

  1. Copyright

The Site contains material that is protected by copyright law, nationally and internationally. It is also protected by United States Copyright Law, trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by us. You may not remove any proprietary notice of us from any part of the Site.

 

  1. Privacy

We are committed to respecting your privacy and protecting your personal information. As described in more detail in our Privacy Policy located at https://reflectbeauty.com/privacy-policy, we may share information collected on the Site with certain third parties, which information is subject to our Privacy Policy. You understand and agree that by using the Site, you consent to the collection and use (as set forth in our Privacy Policy) of this information.  Please review our Privacy Policy for further information on our data collection and use practices.

 

  1. Restrictions

All rights pertaining to your use of the Site must be granted explicitly in writing by us. Accordingly, without such rights or as set forth explicitly under these Terms of Service, you may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Site or any part thereof. In addition, you may not reverse engineer, decompile, translate, adapt, or disassemble the Site, nor shall you attempt to create the source code from the object code for the Site.

 

  1. Confidentiality

If you created an account on the Site, you are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this Section.

 

  1. Warranty Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE OF ANY KIND, AND YOUR USE THEREOF IS AT YOUR OWN RISK.  THE MIRROR DIGITAL ENTITIES (defined below) DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

IN ADDITION, THE MIRROR DIGITAL ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SITE; (II) ANY HARM TO YOUR COMPUTER SYSTEM AND/OR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS ACCESSED BY, THROUGH, OR MAINTAINED BY THE SITE; (IV) WHETHER THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, AND (V) ANY CONTENT, SOFTWARE, HARDWARE, OR EQUIPMENT ACCESSED FROM, THROUGH, OR IN CONNECTION WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE MIRROR DIGITAL ENTITIES OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

 

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) ANY LIABILITY OF THE MIRROR DIGITAL ENTITIES IN CONNECTION WITH THE SITE, UNDER ANY CAUSE OF ACTION OR THEORY, IS LIMITED TO $100, AND (b) IN ADDITION TO ANY OTHER LIMITATION(S) IN THESE TERMS OF SERVICE, THE  MIRROR DIGITAL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, YOU WILL NOT HOLD US RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY REGARDLESS OF INTENT IN CONNECTION WITH THE SITE, OR FOR ANY CONTENT ACCESSED FROM, THROUGH, OR IN CONNECTION WITH THE SITE.

 

  1. Enforceability of these Terms of Service

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

 

  1. Your Warranties

You represent, warrant, and unconditionally guarantee to us that (a) you have the right and ability to enter into these Terms of Service, (b) you and/or anyone acting on your behalf will not use it in any manner that might (i) infringe upon any copyright, patent, trademark, trade secret, or other proprietary right of any third party, or (ii) materially violate any applicable law, statute, ordinance, regulation, directive, right of publicity or privacy.  Any violation of this Section may result in an immediate and permanent ban from the Site.

 

  1. Indemnification

You will indemnify, defend and hold harmless us and our subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Mirror Digital Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, or use of the Site. You are solely responsible for defending any Claim against a Mirror Digital Entity, subject to such entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Mirror Digital Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Mirror Digital Entity without its prior express written consent.

 

  1. Termination

These Terms of Service are effective until terminated. Unless otherwise explicitly set forth in writing within another agreement with us, you may end your legal agreement with us at any time for any reason by discontinuing your use of the Site. You do not need to specifically inform us when you stop using the Site. We may terminate these Terms of Service for any reason, including if we find that you have violated any of the terms and/or conditions of these Terms of Service. Sections 3 through 19 will survive the termination of these Terms of Service.

 

  1. Trademark Information and Intellectual Property

You agree that all of our trademarks, trade names, service marks, logos, brand features, and product and Site names are trademarks and the property of us, and that you will not use of or otherwise misappropriate any of the foregoing without our prior written approval in each instance.

All other trademarks that appear on or in connection with the Site are displayed for informational, identification, and reference purposes only, and are the property of their respective owners. 

You understand and agree that the Site contains proprietary information protected by applicable intellectual property and other laws and international treaty provisions in favor of us. You further understand and agree that content and information presented or available to you through the Site is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

 

  1. Copyright or Intellectual Property Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:

    • a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
    • a description of where the material that you claim is infringing is located on our website;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we may also terminate a user’s access to the Site if the user is determined to be a repeat infringer. Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Mirror Digital, Inc.

Attn:  Copyright Agent

3535 Hayden Avenue, Suite 315

Culver City, CA 90232

 

 

  1. Choice of Law; Venue

These Terms of Service and the relationship between you and us are governed by the laws of the State of California without regard to its conflict/choice of law provisions.  You agree that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to these Terms of Service, the Site, or the relationship between you and us, shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You also agree to waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.

 

 

  1. Class Action Waiver

 

ANY CLAIM AGAINST US SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE US ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding.

 

 

  1. Statute of Limitation/Time to File an Action

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

  1. Notice

 

We may provide you with notices by email, regular mail, SMS, MMS, text message, push notifications, postings on the Site, or other reasonable means now known or hereafter developed. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain and supply us with accurate contact information about yourself, including your failure to receive important information and updates about the Site.

 

 

  1. Miscellaneous

 

These Terms of Service may be amended from time-to-time without notice in our sole discretion. Any changes to these Terms of Service will be effective immediately upon the posting of the revised Terms of Service on the website. These Terms of Service, including any agreements and terms incorporated by reference herein, including the Privacy Policy, constitute the entire agreement between you and us and govern your use of the Site, and supersede any prior version of these Terms of Service between you and us with respect to the Site. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will”, “shall”, and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of these Terms of Service or questions regarding the terms and conditions herein to general@mirror-digital.com.

 

Email: general@mirror-digital.com

Mirror Digital, Inc.

3535 Hayden Avenue, Suite 315

Culver City, CA 90232