LEGAL - Website Terms and Conditions - MicroArt Semi Permanent Makeup

TERMS AND CONDITIONS OF USE.
These are the terms and conditions under which you may use any of the MicroArt Makeup (“MicroArt”) website and we set out our agreement (“Agreement”) for the use of our website with you “User.”
1. Your Acceptance
By using and/or visiting this website (collectively, including all Content available through the MicroArt URL, the “MicroArt Website”, or “Website”), You signify your agreement to both these Terms and Conditions of Use (the “Terms of Use”) and the Terms and Conditions of MicroArt’s Privacy Notice, which are incorporated herein by reference. By browsing, accessing or using any portion of this Website, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as MicroArt may from time to time publish. If you do not agree to any of these terms, then please do not access or use the MicroArt Website.

2. MicroArt Website
These Terms of Use apply to all users of the MicroArt Website, including users who also may be contributors of text, content, information, and other materials or services on the Website. The MicroArt Website may contain links to third party websites that are not owned or controlled by MicroArt. MicroArt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MicroArt will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly waive MicroArt from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MicroArt Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access
A. MicroArt hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website, or any Content or source code in any medium without MicroArt’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MicroArt immediately of any breach of security or unauthorized use of your account. Although MicroArt will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MicroArt or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the MicroArt servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MicroArt grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MicroArt reserves the right to revoke these exceptions either generally or in specific cases.

4. Intellectual Property Rights
The content on the MicroArt Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MicroArt, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MicroArt reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MicroArt Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MicroArt Website or the Content therein.

5. User Submissions
A. The MicroArt Website may now or in the future permit the submission of videos, graphics, artwork, purchase orders, ideas, suggestions, contest or sweepstakes entries, the use of internet chat rooms, blogs, comment streams, or other communications submitted by you and other users (“User Submissions”) and you grant MicroArt the right to use any information contained in such submission for its commercial purposes. Any such User Submissions are not confidential, and\ MicroArt shall be entitled to reproduce, use, distribute or otherwise use and disclose any submissions made to it for any purpose, without compensation.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MicroArt to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. By submitting the User Submissions to MicroArt, you hereby grant MicroArt a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MicroArt Website and MicroArt’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the MicroArt Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MicroArt Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the MicroArt Website.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MicroArt all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MicroArt or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post junk mail, chain letters, spam or any other mass email or or solicitations of business: (v) impersonate another person or falsely state or otherwise misrepresent an affiliation with any person or entity. You further agree not to: (i) share usernames, passwords or other access credentials that allow access to personal information or protected areas of the MicroArt Website; (ii) engage in or facilitate spamming; (iii) omit, delete, forge or otherwise misrepresent accurate transmission information, including headers, return mailing or internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content or person; or (iv) post, transmit or disclose any information that contains personally identifying information of a minor child.
D. MicroArt does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MicroArt expressly disclaims any and all liability in connection with User Submissions. MicroArt does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MicroArt will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. MicroArt reserves the right to remove Content and User Submissions without prior notice. MicroArt will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once. MicroArt also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. MicroArt may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MicroArt’s designated Copyright Agent to receive notifications of claimed infringement is: Tanya York, email: tanya@MicroArt.com, telephone: 888-943-8880, fax: 818-647-6677. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MicroArt customer service through http://www.MicroArtmakeup.com/contact.php. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the MicroArt Website, you will be exposed to User Submissions from a variety of sources, and that MicroArt is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MicroArt with respect thereto, and agree to indemnify and hold MicroArt, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. MicroArt permits you to link to materials on the Website for personal, non-commercial purposes only. MicroArt reserves the right to discontinue any aspect of the MicroArt Website at any time.

6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MICROART WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MICROART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MICROART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MICROART WEBSITE. MICROART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MICROART WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MICROART WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability
IN NO EVENT SHALL MICROART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, or LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MICROART WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MICROART SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MicroArt from its facilities in the United States of America. MicroArt makes no representations that the MicroArt Website is appropriate or available for use in other locations. Those who access or use the MicroArt Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity
You agree to defend, indemnify and hold harmless MicroArt, its licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the MicroArt Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the MicroArt Website.

9. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the MicroArt Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MicroArt Website—there are lots of other great web sites for you. Talk to your parents about any products you want to purchase, as MicroArt sells its products and Services to adults only.

10. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MicroArt without restriction.

11. General
You agree that: (i) the MicroArt Website shall be deemed solely based in California; and (ii) the MicroArt Website shall be deemed a passive website that does not give rise to personal jurisdiction over MicroArt, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and MicroArt that arises in whole or in part from the MicroArt Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Notice at http://www.MicroArt.com/t/privacy and any other legal notices published by MicroArt on the Website, shall constitute the entire agreement between you and MicroArt concerning the MicroArt Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MicroArt’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. MicroArt reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MicroArt Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MICROART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MICROART WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

USER AGREEMENT TO AGREE WHEN CONTACTING VENDORS
User understands and acknowledges that MicroArt is not liable for any dispute, claim, controversy, or lawsuit that Vendor and User may have against each other arising from the use of this Website and Service. While User understands and acknowledges that while there is no charge or fee to User for the use of this Service, Vendors may pay a fee to MicroArt in order to use this Service to solicit business from User. User agrees that MicroArt is not responsible for any harm that this Service may cause. User unconditionally and absolutely agrees to indemnify and hold MicroArt fully harmless from any and all liability arising from or in connection with the contents or use of the Service. User further agrees that the defense and indemnity shall include attorney’s fees and costs. MicroArt does not guarantee that User will find a Vendor through this system. MicroArt does not involve itself in any agreement between User and Vendor. We do not guarantee the completion of any agreement between User and Vendor. User is solely responsible for assessing the integrity, honesty, experience, capability, and reliability of any Vendor with whom User communicates through this Website.