Terms of Use

“giveBeauty Content” means all contents, physical and digital, such as data, text, messages, photographs, logos, designs, icons, graphics, images, photographs, artworks, music, sound and video recordings, animation, software and the HTML used to generate the pages that are protected by copyrights, trademarks, service marks, pending or issued patents, trade dress or other intellectual or proprietary rights owned, controlled, or licensed by giveBeauty.

giveBeauty Marks” mean trademarks, service marks, trade names, and logos of giveBeauty.

“giveBeauty Merchants” or “giveBeauty Pros” mean beauty, health and wellness providers being part of the giveBeauty network and offering products or services in exchange of the value of a giveBeauty card.

“giveBeauty Products” mean products or services you may purchase, order, or obtain from giveBeauty.

“giveBeauty” has the meaning set forth in the preamble.

“Chat” and “Chatbot” have the meanings set forth in Section 18.

“Claim” means an action, allegation, cause of action, cease and desist letter, charge, citation, claim, demand, directive, lawsuit or other litigation or proceeding, or notice.

“Confidential Information” means giveBeauty’s marketing philosophies and objectives, financial and pricing information, client lists, cardholder data, card numbers, card balances, cardholder transactions, business processes, competitive advantages and disadvantages, vendors, and any other information a reasonable person would determine to be sensitive, proprietary or confidential. Confidential Information does not include information that is publicly known through no fault of yours or that has been independently developed without access to or use of giveBeauty’s Confidential Information.

“Damages” means assessments, fines, bona fide settlements, costs, damages (including consequential, indirect, special, incidental or punitive damages), expenses (including without limitation reasonable attorneys’ fees, expenses and costs), judgments, liabilities, losses, or penalties, incurred in connection with a Claim.

“Electronic Communication” means any communication by telephone, text message, wire, facsimile, computer (including, but not limited to, e-mail) or other method of telecommunication or electronic transmission.

“Feedback” means any and all suggestions, comments, and feedback that you submit to giveBeauty, whether by letter, email, telephone, or at or via a giveBeauty in connection with the website and App, or any giveBeauty Products or Services.

“Inappropriate Content” has the meaning described in Section 11.

“Linked Site” means either or both of: (i) a website controlled or offered by a third party that allows users to access giveBeauty or (ii) a website controlled or offered by a third party that may be accessed from giveBeauty.

“Product/Service-Specific Terms” mean additional terms and conditions that apply to a specific giveBeauty Product or Service.

“Submitted Data” means any data you transmit to a giveBeauty, whether such data consists of text, pictures, art work, audio, video, or multimedia.

Some giveBeauty Products have Product/Service-Specific Terms. If you purchase or use those giveBeauty Products/Services, you agree to any such Product/Service-Specific Terms in addition to these Terms. All Product/Service-Specific Terms are incorporated by reference into the Terms. If there is a conflict between these Terms and any Product/Service-Specific Terms, the Product/Service-Specific Terms will control.

giveBeauty allows you to select and purchase or order giveBeauty cards and Products. giveBeauty cards can be customized with text, pictures, and/or graphics. When you have completed your order (including any required payment), giveBeauty will produce the giveBeauty cards you select and send them to the recipients you direct. The price for each giveBeauty Product will be stated in US Dollars and is incorporated into these Terms by reference. Please note that prices and fees may change from time to time. The price you will pay is the price indicated on the Site when you place your order. Please place and complete orders carefully. Purchases of giveBeauty cards are non-returnable and non-refundable.The amount of your Purchase can however be transferred to another giveBeauty user account as a giveBeauty gift. If you have any questions or problems with your order or if you have not received your order within the expected time frame, please contact us immediately at (413)726-1376. Please include your order number in all communications for prompt service.

giveBeauty offers you to purchase a Merchants or Beauty Pros membership or some promotional Services presented on giveBeauty. The membership and some services require a customization with your text, pictures, and/or graphics by yourself. When you have completed your customization, giveBeauty will make publicly available this content on giveBeauty Website and App. The price for each giveBeauty Service will be stated in US Dollars and is incorporated into these Terms by reference. Please note that prices and fees may change from time to time. The price you will pay is the price indicated on giveBeauty when you place your order. Please place and complete orders carefully. Purchases of giveBeauty membership and Services are non-returnable and non-refundable. The amount of your Purchase of Services could be transferred to another giveBeauty Merchant/Beauty pros account, after revision of your application by the dedicated giveBeauty Team. If you have any questions or problems with your order or if you have not received your order within the expected time frame, please contact us immediately at (413)726-1376. Please include your order number in all communications for prompt service.

1. giveBeauty may make a mobile application available to access the website via a mobile device. To use the mobile application, you must have a mobile device compatible with the mobile service. giveBeauty does not warrant that the mobile application will be compatible with your mobile device. giveBeauty grants you a non‑exclusive, non-transferable, revocable license to use an object code copy of the mobile application for one registered account on one mobile device owned or leased solely by you, for your personal use. You agree not to: (i) modify, disassemble, decompile or reverse engineer the mobile application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the mobile application to any third-party or use the mobile application to provide time sharing or similar services for any third-party; (iii) make any copies of the mobile application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the mobile application, features that prevent or restrict use or copying of any content accessible through the mobile application, or features that enforce limitations on use of the mobile application; or (v) delete the copyright and other proprietary rights notices on the mobile application. You acknowledge that giveBeauty may from time to time issue upgraded versions of the mobile application and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Our grant of a license under this Section 4.a is not a sale of the mobile application or any copy thereof. We and our third-party licensors or suppliers retain all right, title, and interest in and to the mobile application (and any copy of the mobile application). Standard carrier data charges may apply to your use of the mobile application.
2. The following additional terms and conditions apply with respect to any mobile application that giveBeauty provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”).
3. You acknowledge that these Terms are between you and giveBeauty only, and not with Apple, Inc. (“Apple”).
4. Your use of giveBeauty’s iOS App must comply with Apple’s then-current App Store Terms of Service.
5. giveBeauty, and not Apple, is solely responsible for our iOS App and the giveBeauty Product and giveBeauty Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
6. You agree that giveBeauty, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
7. You agree that giveBeauty, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
8. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
10. The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of giveBeauty’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
11. The following additional terms and conditions apply with respect to any mobile application that giveBeauty provides to you designed for use on an Android-powered mobile device (an “Android App”).
12. You acknowledge that these Terms are between you and giveBeauty only, and not with Google, Inc. (“Google”).
13. Your use of giveBeauty’s Android App must comply with Google’s then-current Android Market Terms of Service.
14. Google is only a provider of the Android Market where you obtained the Android App. giveBeauty, and not Google, is solely responsible for giveBeauty’s Android App and the giveBeauty Product and giveBeauty Content available thereon. Google has no obligation or liability to you with respect to giveBeauty’s Android App or these Terms.
15. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to giveBeauty’s Android App.
16. The following additional terms and conditions apply with respect to any mobile application that giveBeauty provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”).
17. You acknowledge that these Terms are between you and giveBeauty only, and not with Amazon.com, Inc. (“Amazon”).
18. Information that giveBeauty collects from you or your device are subject to these Terms and the applicable privacy-related policies and notices of giveBeauty, and will not be subject to the Amazon.com Privacy Notice.
19. Amazon has no obligation or liability to you with respect to giveBeauty’s Amazon Android App and the giveBeauty Product and giveBeauty Content available thereon or these Terms. giveBeauty, and not Amazon, are solely responsible for giveBeauty’s Amazon Android App and the giveBeauty Products and giveBeauty Content available thereon. For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”). The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.

giveBeauty website and App contain giveBeauty Content. You acknowledge and agree that the rights to giveBeauty Content belong to their respective owners and are protected in all forms, media and technologies existing now or later developed. You agree not to use, reproduce, or display: (i) any giveBeauty Marks without giveBeauty’s written permission and (ii) any giveBeauty Content in any manner without the owner’s written permission.

You agree not to “frame” or “mirror” any giveBeauty Content contained on or accessible from giveBeauty website or App on any other server or Internet-based device without the advance written authorization of giveBeauty or its licensors or licensees, respectively.

giveBeauty grants you permission to (i) access and view its Platform and (ii) submit orders for giveBeauty Products and Services. Any other use of giveBeauty or giveBeauty Content, in whole or in part, without permission of the applicable rights holder, is strictly prohibited, including without limitation: copying, displaying, distributing, uploading, posting, transmitting, republishing, publicly performing, proxy catching, linking to, licensing, altering, modifying, deleting, creating derivative works of, reverse engineering, or other similar unauthorized exploitation of the Platform or its giveBeauty Content. Your use of giveBeauty Platform is subject to applicable local, state, federal and international law. Your use of giveBeauty Platform or any giveBeauty Content in violation of these Terms could subject you to criminal prosecution and/or personal liability for damages.

You agree not to use the Platform or any giveBeauty Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (i) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform; (v) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (vii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt any Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law

You agree that we have no control over the content on Linked Sites. Any advice, opinions, services, products, or recommendations provided by the Linked Site providers are those of the providers and not of giveBeauty. Your participation in any Linked Site, including payment for and delivery of goods or services, is based solely on the agreement and privacy policy (if any) between you and the provider of the Linked Site. If you choose to use the services available at a Linked Site, you agree to read and follow the policies and terms of use applicable to that Linked Site. Any reference on giveBeauty to any product, service, or content of any third-party does not constitute or imply giveBeauty’s endorsement or recommendation.

YOU AGREE THAT WE ARE NOT, UNDER ANY CIRCUMSTANCE, LIABLE, DIRECTLY OR INDIRECTLY, FOR THE PRODUCTS, INFORMATION, CONTENT AND/OR SERVICES OFFERED ON LINKED SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM LINKED SITES. YOU RELEASE US FROM ANY DAMAGES OR LOSS THAT YOU MAY INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US, ARISING OUT OF YOUR USE OF OR RELIANCE ON PRODUCTS, CONTENT OR SERVICES FROM LINKED SITES.

Representation. You are wholly responsible for any Submitted Data. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that: (i) no Submitted Data violates any copyright, trademark or other intellectual property or proprietary right and (ii) all Submitted Data complies with these Terms. Before transmitting Submitted Data to giveBeauty, you should ensure that either: (i) such Submitted Data is in the public domain and therefore not subject to copyright protection or (ii) you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to giveBeauty and/or by submitting Submitted Data for integration into any giveBeauty Product or Service for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us either that: (X) the Submitted Data are in the public domain; (Y) you have all right, title and interest in and to all copyrights and trademarks in the Submitted Data; or (Z) you have the express permission from the rights holder to copy and use, and to grant the rights granted herein with respect to, such Submitted Data for all purposes related to the products you order through giveBeauty. You further represent that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.

Compliance with Law. You may not upload to giveBeauty any material, whether text, images, or otherwise, that: (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof; (c) violates the applicable rules or guidelines of a third party (g., a card association); or (d) includes phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, “Inappropriate Content”).The content of the Submitted Data you submit is governed by applicable laws (including laws prohibiting infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse) and card association rules. We have no obligation to monitor the Submitted Data. However, we (and our licensees, suppliers, fulfillers, Linked Sites, and giveBeauty Merchants) reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to: (i) satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities; (ii) refuse to post or transmit the Submitted Data; (iii) remove the Submitted Data; and (iv) refuse to perform any orders for processing or fulfillment for Submitted Data that are, in our sole judgment and discretion (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. If you submit Submitted Data to giveBeauty for inclusion on a giveBeauty Product or Service and, a giveBeauty Merchant or a member of giveBeauty Team issuing or redeeming the giveBeauty Product or Service believes it includes Inappropriate Content, the giveBeauty Merchant or member of the giveBeauty Team may reserve the right to refuse to honor the giveBeauty Product and Service.

giveBeauty reserves the right to determine, at its sole discretion, whether Submitted Data will be accepted for incorporation into giveBeauty Products, Services and Platform.

Subject to applicable law and the provisions of Section 11.a below (“Privacy and Data Collection”), you grant giveBeauty a license to use Submitted Data you post or transmit to giveBeauty in connection with giveBeauty’s operation of its business. This license includes, without limitation, a right to copy, distribute, transmit, reproduce, edit, translate, and reformat Submitted Data. You will not be compensated for any Submitted Data.

giveBeauty respects the intellectual property rights of others, and we ask you to do the same. In appropriate circumstances and at our discretion, giveBeauty may terminate service and/or access to a Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on giveBeauty, please provide giveBeauty’s designated agent the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site
3. 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 at giveBeauty Platform, and information reasonably sufficient to permit giveBeauty to locate the material.
4. Information reasonably sufficient to permit giveBeauty to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. 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 and/or trademark owner, its agent, or the law.
6. 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. giveBeauty’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
   Attn: giveBeauty
   Email: support@givebeauty.com
   Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the giveBeauty designated agent that includes all of the following information:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which giveBeauty may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
5. Termination of Repeat Infringers. giveBeauty reserves the right, in its sole discretion, to terminate the account or access of any user of giveBeauty Platform and/or giveBeauty Product and Service who is the subject of repeated DMCA or other infringement notifications.

giveBeauty may allow or require you to register for a merchant or a user account. Accounts help us tailor our services for your personal and business financial needs and to alert you of other products and services for you or your business. In registering at giveBeauty, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, we may create a profile for you or your business based on the registration information that you provide. You agree that giveBeauty or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of giveBeauty Platform, Products or Services.

You agree that all Feedback is, and will be treated as, non-confidential and non-proprietary, except as otherwise specifically agreed or required by law. Except as prohibited by applicable law, you assign all right, title, and interest in, and giveBeauty is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, for any purposes whatsoever and without any restriction of any kind. Where this assignment is prohibited by law, you grant giveBeauty an exclusive, transferable, worldwide, royalty-free, fully paid license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, and the like. You understand and agree that giveBeauty is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

giveBeauty may make an interactive online chat (“Chat”) service available to you, including, but not limited to, when providing customer service. giveBeauty makes no warranty that the Chat service will be available at any particular time or be free of fault or error. If you are under 18 years of age and are invited to use the Chat service, you must not use the Chat service and you must leave giveBeauty. During your use of the Chat service, you may interact with a bot, chatbot, virtual assistant, virtual concierge, or other non‑human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law. When engaging with us through use of the Chat service, be advised that chats may be monitored and retained. The Chat service is provided as a convenience. Participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents. Any personal information shared with us when using the Chat service shall be subject to the applicable privacy-related policies and notices described below. You agree that you will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message; doing so may result in termination of the Chat service session.

You agree that in the event of any damage to or loss of a giveBeauty Product or Service by us (or by our licensees, suppliers, fulfillers, owners and operators of Linked Sites, and giveBeauty Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Linked Sites and giveBeauty Merchants), and your sole remedy, is at our option, to either: (i) replace the lost or damaged giveBeauty Product(s) or (ii) provide you with a refund or credit for the cost of the purchase price for the lost or damaged giveBeauty Product(s). You must submit a claim within thirty (30) days from your date of purchase in order to be eligible to receive a replacement, refund, or credit.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIVEBEAUTY FOR ITSELF AND ITS LICENSORS, LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES, AND GIVEBEAUTY MERCHANTS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE GIVEBEAUTY PRODUCTS, OR ANY GIVEBEAUTY CONTENT AND ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER GIVEBEAUTY NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES OR GIVEBEAUTY MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR EXPECTATIONS.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Linked Sites or giveBeauty Merchants) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, inability to use, the Platform, any Content, or any products or services offered through giveBeauty, including any direct, indirect, incidental, EXTRAORDINARY, PUNITIVE, special or consequential damages (including but not limited to damages for loss of profits, REVENUE, use, data or other intangibles OR ECONOMIC ADVANTAGE), HOWEVER ARISING, even if we, or our licensees, suppliers, fulfillers, owners and operators of Linked Sites or giveBeauty Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, giveBeauty Product, Service or Submitted Data, the inability to use giveBeauty, any changes to giveBeauty (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you. In addition, if you violate these Terms and intentionally publicize such violation, you acknowledge that giveBeauty and its affiliated companies may suffer substantial damage to their reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree not to use the services offered through the Platform, including ordering any giveBeauty Products, in any manner that would cause damage to the public reputation of giveBeauty, its affiliated companies, and their employees, shareholders, board members, giveBeauty Merchants, or third parties for which giveBeauty provides services. If you use or publicly display any products ordered through giveBeauty, including by display on the Internet, in order to intentionally bring harm to giveBeauty or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Linked Sites or giveBeauty Merchants, then, to the maximum extent permitted by applicable law, giveBeauty reserves the right to demand the immediate return of the giveBeauty Product(s) or Service(s) ordered from the Platform, to invalidate, without refund, the value of any such giveBeauty Products or Services, and to pursue any and all further remedies available to giveBeauty and its affiliated companies under the law.

We may, in our sole discretion, terminate or suspend your entry to and/or use of, any or all giveBeauty Platform, Services, giveBeauty Products, and/or any accounts you may have (collectively, your “Access”), at any time, with or without notice and for any reason (or no reason). You agree that if we terminate your Access, you will not: attempt, directly or indirectly, to enter, use and/or access giveBeauty, Services, giveBeauty Products or your account until such suspension is lifted. We also reserve the right to suspend accounts that have been inactive for twenty four (24) months; pending verification the account may be reactivated or terminated. For the avoidance of doubt, we may cancel your User ID or password without notice, and if we request that you cease to use your User ID, you must do so immediately. If we terminate your Access, we will have no obligation to return your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if giveBeauty terminates your Access is to receive a refund for any products paid for but not processed or fulfilled by giveBeauty, if any.

Your use of giveBeauty is subject to the applicable privacy-related policies and notices of giveBeauty set forth on the Platform, potentially including but not limited to the giveBeauty Privacy Policy. To the extent permitted by applicable law, by accessing or using giveBeauty, you understand and agree that giveBeauty may collect and retain personal or other information about you or the device you use to access the Platform. By using giveBeauty, you consent to giveBeauty’s use of analytics and monitoring tools to collect user interaction with our products and services. These interactions are collected using cookies and technical log files. We use the data for purposes that include interaction monitoring and visual replay for fraud, customer service, product improvement, and other purposes allowed by law.

You agree not to violate or attempt to violate the security of any giveBeauty Platform and giveBeauty Content, including without limitation: (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) attempting to probe, scan, or test the vulnerability of any system or network related in any way to giveBeauty without proper authorization; (d) attempting to breach security or authentication measures without proper authorization; (e) interfering or attempting to interfere with service to any user, host, or network, including without limitation, by sending unsolicited e-mail, flooding, spamming, mail bombing, overloading, or crashing; (f) sending promotions and/or advertising products and/or services; (g) introducing any virus, worm, Trojan horse, or other material that may harm or disrupt giveBeauty’s systems or services; or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by giveBeauty in providing the giveBeauty Platform, Services, or giveBeauty Products.

If you have an account on giveBeauty, you understand that your account information on the Platform is controlled by you, through the User ID and password you selected. You are responsible for protecting the confidentiality of your User ID and password and for restricting access to your computer. giveBeauty is entitled to rely on the fact that any Submitted Data, orders for giveBeauty Products or Services, or other information sent to giveBeauty under your User ID and password were sent by you. You agree to accept responsibility for all activities that occur under your User ID and password. If your User ID or password is lost, stolen, or becomes known to an unauthorized person, or if you believe that someone has accessed your account without authorization, you agree to notify giveBeauty immediately by calling (413)726.1376.

Since giveBeauty can be accessed from anywhere in the United States, as well as from other countries around the world, and each of these places has laws that may differ from those of Massachusetts, by accessing a Site both you and giveBeauty agree that the statutes and laws of the state of Massachusetts, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Platform and its giveBeauty Content. giveBeauty makes no representation that the Platform or giveBeauty Content are appropriate or will be available for use in other locations. If you use giveBeauty from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Platform and giveBeauty Content and any third-party content. Unless otherwise explicitly stated, all marketing or promotional materials found on giveBeauty are solely directed to individuals, companies or other entities located in the United States.

You and giveBeauty further agree to submit to the exclusive personal jurisdiction and venue of the United States District Court for the Massachusetts with respect to any matters relating to the services, the use of giveBeauty and its giveBeauty Content, or any transactions arising therefrom. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All costs and taxes on giveBeauty are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on giveBeauty and on any associated charges. We may, in our sole discretion, add, delete, or change some or all of the prices of our products and services at any time without notice, other than as set forth on giveBeauty.

If you purchase a giveBeauty Product or Service from giveBeauty, there are no refunds, and all sales are final. You may transfer your Product to another user’s giveBeauty account as a “gift”.

You warrant to us that: (i) you own or have the requisite authority over any Submitted Data; (ii) any Submitted Data will be accurate and complete; (iii) any Submitted Data and any of your activities on giveBeauty, through the Services, or in connection with giveBeauty Products: (a) do not infringe in any manner on any third party rights, (b) do not violate any applicable laws or regulations, (c) are not defamatory, libelous, slanderous or threatening, (d) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, (e) have not resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, (f) are not false, deceptive or misleading, and (g) will be free of any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.

You agree to defend, indemnify, and hold harmless giveBeauty and its affiliates (and the officers, directors, agents, employees, and representatives of giveBeauty and its affiliates), our licensees, suppliers and fulfillers, owners and operators of Linked Sites and giveBeauty Merchants from and against any and all Claims and Damages arising out of or related to: (i) your use of giveBeauty Platform, the materials it contains, and/or any Linked Sites; (ii) your breach of these Terms; (iii) your violation of applicable law; (iv) your infringement of any intellectual property right or other right of any person or entity; (v) actions taken by any person using your login information (User ID and password); (vi) your use of any Inappropriate Content; or (vii) any acts prohibited under Section 7 with respect to your Submitted Data.

You will be deemed to have authorized any Electronic Communication received from you or in your name, and you authorize us to rely and act upon any such communication. For our mutual protection, we may record telephone calls that relate to the use of or include instructions for using giveBeauty Products or the Platform. To the maximum extent permitted by applicable law, you agree that our records regarding any Electronic Communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. To the maximum extent permitted by applicable law, our records will be conclusive proof of the information contained in such Electronic Communications. You consent to receive communications from us electronically, including via email or text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless otherwise provided by law.

You agree that you will not disclose or use any Confidential Information of giveBeauty. You acknowledge that any breaches of this provision may result in irreparable harm to giveBeauty for which no adequate remedy at law may be available and that as such giveBeauty will be entitled to equitable relief.

The proprietary rights, confidentiality, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability, governing law, jurisdiction, venue, and general provisions shall survive any termination of these Terms.

If you have a question or complaint regarding giveBeauty, please contact giveBeauty’s customer service via the methods listed under “Contact Us” below.

We may assign our rights and responsibilities hereunder without notice to you.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect and any invalid provision will be replaced with a valid provision that most closely approximates the intent of the invalid provision. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party

We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site.

The failure of giveBeauty to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by giveBeauty in writing.

These Terms, the Agreement, and any policies or operating rules posted by us on the Website, App or in respect to the Website or/and App constitutes the entire agreement and understanding between you and your business and giveBeauty and governs your access to and use of the Platform and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and giveBeauty. We may also, in the future, offer new services and/or features through giveBeauty Platform. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on giveBeauty Platform. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to customer@giveBeauty.com If you have any questions or inquiries concerning any of the Terms, user account holders may contact giveBeauty by email at customer@giveBeauty.com; Beauty Pros registered in the giveBeauty network by email at beautypros@givebeauty.com; by postal mail at giveBeauty, multiMind media, 121 Wentworth Ave. Lowell, MA 01852.
For additional inquiries, please feel free to send an email to the relevant address listed below. General support, technical support, Compliance and Spam complaints:
support@giveBeauty.com
Partners can contact us at partners@giveBeauty.com
Notices to you may be made by posting a notice (or a link to a notice) on givebeauty.com by email, or by regular mail, at the company’s discretion.

What is GDPR? It is the EU Data Privacy Shield that took effect on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.

Is giveBeauty GDPR Compliant? In short, yes. Please see our privacy policy at www.givebeauty.com for more information.

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