Terms of service

Welcome to the Beauty Secrets Collective website (the "Site"). Beauty Secrets Collective provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service ("TOS") and the linked Privacy Policy. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. You may only use certain portions of the Site if you are a registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.

1. Description of Services. In the Site, Beauty Secrets Collective provides users with access to boutique inventory from participating boutiques (the "Service"). You are responsible for obtaining access to the Site. In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. License and Site Access. Beauty Secrets Collective grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose unreasonable or disproportionately large load on Beauty Secrets Collective infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Beauty Secrets Collective to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Beauty Secrets Collective.

3. Membership Eligibility. The Beauty Secrets Collective Service is not available to any users suspended or removed from the system by Beauty Secrets Collective for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Beauty Secrets Collective account to another party. If you do not qualify, you may not use the Beauty Secrets Collective Service or the Site.

4. Your Account. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Beauty Secrets Collective has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Beauty Secrets Collective has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Beauty Secrets Collective immediately of any unauthorized use of your account or any other breach of security. Once you complete and submit your registration, you have opted in to receive email communication from us. Beauty Secrets Collective reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

5. Submitted Content. POSTING AND CONDUCT RESTRICTIONS Boutiques are able to submit photos using Social Media Networks for sale on the Site. Users and Boutiques can post comments throughout the Site ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service on the Site or via other Social Networking Sites intended for the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content and we cannot and do not review it all.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

1. You are solely responsible for your account and the activity that occurs while signed in to the Service or while using your account;
2. You will not post information that is malicious, false or inaccurate;
3. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
4. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Beauty Secrets Collective takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts through the Service. You understand and agree that any loss or damage that occurs as a result of the User Content that you make available or access through your use of the Service is solely your responsibility. Beauty Secrets Collective is not responsible for any public display or misuse of your User Content. Beauty Secrets Collective does not, and cannot, pre-screen or monitor all User Content and has no control over and does not guarantee the quality, safety or legality of the items advertised and sold via the Service. However, at our discretion, we or technology we employ may monitor and/or record your interactions with the Service.

Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at contact@beautysecretscollective.shop.

LICENSE GRANT: By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, Beauty Secrets Collective a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY: You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

6. Disclaimer of Warranty. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BEAUTY SECRETS COLLECTIVE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN BEAUTY SECRETS COLLECTIVE, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. UNDER NO CIRCUMSTANCE WILL BEAUTY SECRETS COLLECTIVE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE.

7. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEAUTY SECRETS COLLECTIVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

8. Indemnity. You agree to indemnify and hold Beauty Secrets Collective (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.

9. Electronic Communication. When you use the Site or send emails to Beauty Secrets Collective you are communicating with us electronically. You consent to receive communications electronically from Beauty Secrets Collective. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

10. Site-Provided Email and Postings. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Beauty Secrets Collective is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material; (ii) advertisements or solicitations of any kind; (iii) impersonation of others or false information; (iv) personal information such as phone numbers, social security numbers, account numbers, or addresses; (v) unauthorized downloads of any copyrighted or private information; (vi) chain letters or unsolicited commercial messages of any kind.

11. Links. The Site or third parties may provide links to other websites or resources. Because Beauty Secrets Collective has no control over such sites and resources, you acknowledge and agree that Beauty Secrets Collective is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources.

12. Access To Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

13. Modification and Notification of Changes. Beauty Secrets Collective reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If Beauty Secrets Collective makes a material modification to this TOS, it will notify you by: (i) sending an email to the address associated with your account — please add contact@beautysecretscollective.shop to your approved senders list; and (ii) displaying a prominent announcement above the text of this TOS for thirty (30) days. Should you wish to terminate your account due to a modification, you may do so by sending an email with the subject line "Termination" to: contact@beautysecretscollective.shop. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the updated TOS or Privacy Policy.

14. Trademarks. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Beauty Secrets Collective and other parties. Users are prohibited from using any Marks without the written permission of Beauty Secrets Collective or the respective owner. All Content on the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes.

15. Procedure for Claims of Intellectual Property Infringement. Beauty Secrets Collective respects the intellectual property of others and asks our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please provide the following information to contact@beautysecretscollective.shop: (i) an electronic or physical signature of the authorized person; (ii) a description of the copyrighted work; (iii) a description of where the infringing material is located on the Site; (iv) your address, telephone number, and email address; (v) a statement of good faith belief that the disputed use is not authorized; (vi) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.

16. Survival of Terms After Agreement Ends. Any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

17. General. If any condition is deemed invalid or unenforceable, the remaining conditions shall remain in full force and effect. Beauty Secrets Collective may offer special promotional offers from time to time, which may or may not apply to your account. This TOS constitutes the entire agreement between you and Beauty Secrets Collective and governs your use of the Site, superseding any prior agreements.