IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY OF THE PRODUCTS AND/OR DIGITAL DOWNLOADS OFFERED OR DESCRIBED ON THIS WEBSITE.
These general Terms and Conditions of Use (the “Terms and Conditions of Use”) constitute a legal agreement between:
(a) You (“You” and “Your”) and BeautDoozy.com (the “Company”) governing Your use of https://www.beautdoozy.com and all associated web pages owned by the Company (collectively named, the “Website”).
(b) “We” and “Us” mean both You and the Company.
(c) All material goods that are offered for sale on the Website are 'Products.'
When You post, submit, publish, display, or otherwise transmit on, or through the Website, You create User Generated Content, further described below.
By using the Website, You represent and warrant that You are of the legal age of majority under applicable law, to form a binding contract with the Company.
1.2 ∼ Amendments of Terms and Conditions of Use
These Terms and Conditions of Use are amended on August 13, 2024. The Company reserves the right in its sole discretion to amend these Terms and Conditions of Use at any time. Any and all such amendments are effective from the date they are published and apply to all access to or continued use of the Website.
Regardless of whether or not the Company notifies You of such amendments, You agree to periodically review these Terms and Conditions of Use in order to be aware of any amendments.
1.3 ∼ No Warranties
THE COMPANY DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT OR FEATURE OF THIS WEBSITE IS ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECT CAN BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE CAN PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
The Company assumes no responsibility and is not liable for any damages caused by viruses or other forms of contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing on the Website, or Your downloading of any material, text, image, video or audio from the Website or any of its linked websites.
2. ADDITIONAL TERMS
The Additional Terms and Conditions may apply to all that is offered on the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, courses, workshops, individual sessions, or other similar features, all of which Additional Terms and Conditions are made a part of the Terms and Conditions of Use by this reference. You agree to abide by such Additional Terms and Conditions.
3. RIGHTS TO CONTENT AND INTELLECTUAL PROPERTY
The Website and all its content (including without limitation, all information, reports, data, databases, graphics, interfaces, web pages, texts, files, softwares, codes, product names, company names, trademarks, logos, trade names, any other intellectual properties contained on the Website, but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, the Website features and functionality (collectively, the “Website IP”) are owned by the Company and are protected in all forms by intellectual property laws, including without limitation copyright, trademarks, patents, trade secrets, industrial designs, and any other proprietary rights.
You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of the Website or make any derivative works from the Website in any way without the express prior written consent of the Company.
Your use of the Website does not grant You any right, title, interest or license to any such intellectual properties appearing on the Website. Any unauthorized use of the content of the Website may subject You to civil or criminal penalties.
The Company grants You a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You are not to:
(a) Distribute the Website IP for any purpose, including without limitation, by compiling an internal database, or by redistributing or reproducing the Website IP by the press or media or through any commercial network, cable, or satellite system;
(b) Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or entity, or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise;
(c) Allow any third-party to access the Website IP on Your behalf.
The Website is for Your personal and non-commercial use only. You agree that You only access or use the Website for lawful purposes and in accordance with these Terms and Conditions of Use. As a condition of Your access to and use of the Website, You warrant and agree that You do not use or access the Website to:
(a) Violate or promote the violation of any government-imposed restriction or rule or of any third-party’s rights;
(b) Impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Website, or any third-party into disrepute, or causes liability for said other user or third-party, and for the Company;
(c) Distribute viruses, malwares, or any other technologies that are malicious or that may harm the Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Website;
(d) Reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise publish, deeplink, create derivative works from or exploit in any way the Website or any of its content, except as permitted by the Company under these Terms and Conditions of Use; and
(e) Harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or other automatic devices, processes, or means) content on the Website or any personal information about another user or users of the Website for any purpose.
You further represent and warrant with respect to any account that You may make on or through the Website that:
(f) All the information You provide on or through the Website is correct, current, and complete;
(g) Any username, password, or any other pieces of information chosen by You, or provided to You as part of the Company’s security procedures, if any, is treated as confidential by You and is not to be disclosed to any other person or entity;
(h) You must notify the Company immediately of any unauthorized access to, or use of, Your username or password, if applicable, or any other breach of security; and
(i) You must not transfer Your account to another person without the prior written consent of the Company.
4.2 ∼ User Generated Content
You may be able to submit, post, publish, display, or otherwise transmit content, material, or information to the Website or to other users or persons through, or using the Website. You are entirely responsible for all User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website.
The Company is not responsible or legally liable to any third-party for the content or accuracy of any User Generated Content submitted, posted, published, displayed, or otherwise transmitted on or through the Website by You or by any other user of the Website. Any and all User Generated Content must comply with all applicable laws, regulations, and these Terms and Conditions of Use.
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of the Company at any time. However, the Company has no obligation, nor any responsibility to any party to monitor the Website or its use, and does not undertake to regularly review User Generated Content. Subject to applicable laws, the Company cannot ensure prompt removal of objectionable material, including User Generated Content, and the Company has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Website or third-party.
The discretion of the Company is informed, but not limited by, the following guidelines for inappropriate User Generated Content. User Generated Content may be deemed inappropriate by the Company if it contains, depicts, includes, discusses, encourages, or involves, without limitation:
(a) Material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, pornographic, violent, inflammatory, or discriminatory based on race, age, sexual orientation, gender identity or expression, nationality, disability, education, religion, social status, group membership, or other such legally prohibited ground;
(b) Any false, inaccurate, or misleading information, or the impersonation or attempted impersonation of the Company, an employee of the Company, another user of the Website, or any other person or entity;
(c) Conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company at its sole discretion, may harm the Company or users of the Website, or expose either to liability;
(d) Causes for annoyance, inconvenience, or needless anxiety, or likely to upset, embarrass, or alarm any other person; or
(e) By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Website, You agree to grant the Company, a worldwide royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose, any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Website. You waive all intellectual and moral rights in any such User Generated Content.
The Company may, at its sole discretion and at any time:
(a) Amend or terminate these Terms and Conditions of Use;
(b) Limit, suspend, or terminate Your access to or use of the Website;
(c) Take technical and legal steps to prevent You from accessing or using the Website;
(d) Remove or otherwise modify any User Generated Content.
Any such termination or action by the Company can be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and equitable remedies.
7. INDEMNITY
To the maximum extent permitted by applicable law, You agree at all times to indemnify, defend, and hold harmless the Company, its successors and assigns, service providers, agents, affiliates, partners, directors, officers, employees, licensees, from and against any claims, actions, proceedings, demands, liabilities, damages, judgments, losses, costs, expenses, or fees (including legal and disbursements) arising out of, or relating to, Your breach of these Terms and Conditions of Use.
8. LIMITATIONS ON LIABILITY AND DISCLAIMER
8.1 ∼ Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT CAN THE COMPANY, ITS SUCCESSORS AND ASSIGNS, SERVICE PROVIDERS, AGENTS, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF, OR INABILITY TO USE THE WEBSITE OR ANY OF THE CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION:
(A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE OR TO ANY OF ITS CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE;
(B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT;
(C) FAILURE ON YOUR PART TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLICABLE.
8.2 ∼ Availability, Completeness, and Quality
You understand and agree that the Website, any content on the Website, and any items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
8.3 ∼ No Reliance
Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’s products, services, news, features, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of ad-vice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content.
8.4 ∼ No Offer of Sale
Unless explicitly stated, the Website and the content on the Website are not to be construed as an offer to sell any product or service.
8.5 ∼ Force Majeure
The Company bears no liability to You for any breach of these Terms and Conditions of Use caused by any event or circumstances beyond the Company’s reasonable control including without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.
9. RELEASE
If You have a dispute with one or more other users of the Website, You release the Company, its successors and assigns, service providers, agents, affiliates, partners, directors, officers, employees, licensees, from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10. PRIVACY
The use by the Company of Your personal information is governed by the Company’s Privacy Policy (“Privacy Policy”). By using the Company’s Website or by submitting Your personal information, including User Generated Content, on or through the Website, You consent to the terms of the Privacy Policy.
11. GENERAL
11.1 ∼ No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relation-ship is intended or created by these Terms and Conditions of Use.
11.2 ∼ Governing Law, Jurisdiction, and Attornment
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without giving effect to any choice of law provision, principle, or rule, and notwithstanding Your domicile, residence, or physical location.
For the purpose of all legal proceedings, these Terms and Conditions of Use are deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario, Canada, have jurisdiction to entertain any action arising under or out of these Term and Conditions of Use. You and the Company agree to irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario. You further waive any and all objections to the exercise of jurisdiction over You by such courts and to the venue of such courts.
You agree to waive any right You may have to a trial by jury or to commence or participate in any class action against the Company related to the Website or any content on the Website, including User Generated Content, or these Terms and Conditions of Use.
11.3 ∼ Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions of Use, operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
11.4 ∼ Severability
Any term of these Terms and Conditions of Use that is prohibited or unenforceable in any jurisdiction, as to that jurisdiction, is ineffective to the extent of such prohibition or unenforceability and can be severed from the balance of these Terms and Conditions of Use, all without affecting the remaining terms of these Terms and Conditions of Use or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these Terms and Conditions of Use operates to prejudice any mandatory statutory requirement or Your statutory rights.
11.5 ∼ Entire Agreement
These Terms and Conditions of Use together with the Privacy Policy and other documents published on the Website, contain the entire understanding and agreement between Us in relation to Your use of the Website, and supersede and replace all prior and contemporaneous understandings, agreements, representation, statement, or other communication made by You or the Company, whether written or oral.
11.6 ∼ Notices
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with the Company or have purchased a product or service from the Company, the Company can send You information and documents to the email address in Your account profile on the Website, or provided in the course of purchasing such product or service.
Every notice that You are required or permitted to provide under these Terms and Conditions of Use to the Company must be in writing and provided to the Company following you contacting the Company first, after which you will be provided an email to send such documents.
11.7 ∼ Assignment
You may not assign, sublicense, or otherwise transfer any of Your rights and obligations in these Terms and Conditions of Use to any other person or entity.
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