IMPORTANT! PLEASE READ CAREFULLY.
These Terms of Service constitute a legal agreement between you and BEAUTY PEARLS FOR CHEMO GIRLS, LLC and spell out the terms and conditions to which users of the Beauty Pearls for Chemo Girls Site are expected to adhere. Please read the terms carefully before using any the Site, because by clicking “I Agree” or by using the Site, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Statement and (ii) any supplemental terms of the Site, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the “Agreement”). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Site(s). We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
This Site is intended for use by you only if you are of legal age to view this material in your country of residence and in the country from which you are accessing the site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should leave the Site immediately.
1. BEAUTY PEARLS FOR CHEMO GIRLS CONTENT AND USER SUBMISSIONS
a) The contents of the Beauty Pearls for Chemo Girls, LLC Internet service (“the Service”), including but not limited to the Site, are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the “Content”)) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Beauty Pearls for Chemo Girls, LLC or its Licensors, or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
b) The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Site or Service in whole or in part.
c) Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited.
d) We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit this information to: Beauty Pearls for Chemo Girls, LLC PO Box 244, South Salem, NY 10590
e) You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Site or our Service (“Submissions”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
2. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Site contains links to other related World Wide Web Internet sites, resources and sponsors of Beauty Pearls for Chemo Girls, LLC. Selection of an ad banner or link might redirect you from a Beauty Pearls for Chemo Girls LLC Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Beauty Pearls for Chemo Girls, LLC. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Beauty Pearls for Chemo Girls, LLC does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
3. REPRESENTATIONS AND WARRANTIES
a) You represent, warrant and covenant that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into both this Agreement, and contracts for the purchase of the goods offered on the Site.
b) You hereby indemnify, defend and hold Beauty Pearls for Chemo Girls, LLC and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Beauty Pearls for Chemo Girls, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Beauty Pearls for Chemo Girls LLC without Beauty Pearls for Chemo Girls LLCs prior written approval.
c) Beauty Pearls for Chemo Girls, LLC neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site or the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE AND ANY MATERIALS PROVIDED BY BEAUTY PEARLS FOR CHEMO GIRLS, LLC OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICES ARE PROVIDED “AS IS.” BEAUTY PEARLS FOR CHEMO GIRLS, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE OR THE SERVICE. BEAUTY PEARLS FOR CHEMO GIRLS, LLC DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
d) You hereby acknowledge that the use of any Site and the Services or Goods available thereon is at your sole risk.
3. LIMITATION OF LIABILITY
a) NEITHER BEAUTY PEARLS FOR CHEMO GIRLS, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY BEAUTY PEARLS FOR CHEMO GIRLS OR THIRD PARTIES THROUGH THE SITE OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BEAUTY PEARLS FOR CHEMO GIRLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BEAUTY PEARLS FOR CHEMO GIRLS LLC’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
4. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.
a) Beauty Pearls for Chemo Girls, LLC may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Site or Service for any or no reason, including, without limitation, breach of these Terms of Service or the infringement of copyrights owned by third parties.
b) Beauty Pearls for Chemo Girls, LLC including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site, any Beauty Pearls for Chemo Girls, LLC employee, or any model depicted within this site or in any Beauty Pearls for Chemo Girls, LLC product; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; or post unsolicited advertising.
a) These Terms of Service have been made in and shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions. Beauty Pearls for Chemo Girls, LLC makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in New York, New York.
b) These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Beauty Pearls for Chemo Girls, LLC with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Beauty Pearls for Chemo Girls, LLC with respect to the Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Beauty Pearls for Chemo Girls, LLC may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Beauty Pearls for Chemo Girls, LLC or (iii) in connection with the sale of the Site or the business unit associated with the Site.