TERMS OF USE

Last Modified: [06/14/21]

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY, AND A DISPUTE RESOLUTION CLAUSE.

Acceptance of the Terms of Use
These Terms of Use (“Terms of Use”) constitute an agreement between you and The Joy in Beauty LLC (“TJIB,” “we,” or “us”), the owner of the online platform located at https://thejoyinbeauty.com/ (the “Platform”), including all subdomains of such website (the “Site”). Your use of the Site and/or the Platform, applications, Site Content (as defined below), and other services provided by TJIB on or through the Site, and any updates to any of the foregoing (collectively the “Services”) constitutes your agreement, without limitation or qualification, to be bound by and to comply with these Terms of Use. If you are accessing or using the Site or Services on behalf of a business or other legal entity, in which case “you,” “your” or “user” refers to that entity as well as yourself, you agree to these Terms of Use on behalf of that entity and its affiliates, and you represent that you have the authority to do so. These Terms of Use, as modified or amended as permitted herein, will continue until terminated by either party. 

You represent and warrant that you are at least 18 years of age or a duly organized, validly existing business, organization or other legal entity in good standing under the applicable laws of the jurisdiction you are established in, and that you possess the legal right and ability to enter into these Terms of Use.  

We may revise and update these Terms of Use from time to time with reasonable notice to you by posting the updated Terms of Use on the Site. It is your responsibility to review these Terms of Use periodically. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter. If any changes are not acceptable to you, your sole remedy is to stop accessing or using the Site and/or Services. Your continued use of the Site and/or Services following the posting of revised Terms of Use constitutes your acceptance and agreement to those revised Terms of Use. You agree to check this page frequently so you are aware of any changes, as they are binding on you. If you have any questions about these Terms of Use, please contact us by email at hello@thejoyinbeauty.com. As email communications are not always secure, please do not include sensitive information in your emails to us.

Please also refer to our Privacy Policy [www.thejoyinbeauty.com/privacypolicy] and any other documents agreed to by you in the course of using the Site or any Services, each of which is incorporated herein by reference. 

Our Services

TJIB provides an online curated beauty and fashion contents platform (“Platform”) where users (“Customers”) can browse, review, reserve, pay for, and otherwise access products and/or services offered on the Platform (collectively, “Platform Products”). The Platform Products that are offered for purchase can be ordered and delivered only within the United States  
If you purchase any Platform Product, you may be required to provide personal financial information including, without limitation, a credit or debit card number and other billing information (collectively, “Financial Information”) to third-party companies which provide payment processing services for, but are not affiliated with, TJIB (each such third-party service provider, a “Processor”). Where a Processor is responsible for collecting, transmitting and/or processing your Financial Information (and, in some instances, for fulfilling your order), all payment obligations for Platform Products shall be governed by the terms of use and privacy policy(ies) of the applicable Processor. By purchasing a Platform Product, you warrant that you are authorized to make the purchase using the form of payment card that you provide to the Processor.  

Your Account  
      
Although it is TJIB's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of the Internet, telecommunications links and/or equipment. TJIB shall not be considered in breach of or default under these Terms of Use or any other agreement with you, and shall not be liable to you for any cessation, interruption or delay in the performance of its obligations, or modification, suspension or discontinuation of any of the Services at any time, with or without notice. 
  So long as you continue to access the Site these Terms of Use shall remain in effect.  
If you subscribe to receive email communications from us, we may send you email communications to alert you to news about our activities and provide you with other information. If at any time you would like to stop receiving these email communications, you can follow the opt-out procedures described in such email.

Ownership of the Site and its Contents

The Site, and all information, materials and content contained in or delivered via the Services or otherwise made available in connection with the Services, including without limitation any text, HTML code, trademarks, logos, service marks, copyrights, trade dress, graphics, photos, videos, sounds, animations, button images, other content or materials, the site design, its selection and arrangement of content, and its "look and feel," (collectively, "Site Content") is protected pursuant to U.S. copyright, trademark, and other proprietary rights and laws, and any rights not expressly granted herein to you are reserved to TJIB as between the parties. Except as otherwise expressly authorized in writing by TJIB, none of the Site Content may be modified, copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, resold, licensed, leased, distributed or commercially exploited by you in any way, and nothing contained on the Site or offering of the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to you to use any of the Site Content without the written permission of TJIB or a third party that owns any rights in any of the Site Content. Use of any Site Content as part of a link to or from any site is prohibited unless TJIB approves the establishment of such a link by prior written consent specific for each such link. 

Your Content

Any content that you contribute, provide, post, or otherwise make available on the Site or via the Services is “Your Content.” You are solely responsible for Your Content. You hereby grant TJIB a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license to access, use, copy, reproduce, adapt, display, commercialize, and otherwise exploit Your Content in connection with the provision of Services and exercise of TJIB’s rights herein, to respond to Customer questions and otherwise provide support to users of the Site, and to comply with any applicable law. Notwithstanding the foregoing, TJIB does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) is an original work of authorship in which you own all rights; (ii) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party and is not defamatory, libelous, or obscene and does not constitute an invasion of the rights of privacy or publicity; (iii) complies with all applicable local, state, provincial, national and other laws, rules and regulations; (iv) does not violate these Terms of Use; and (v) is current, accurate and truthful. TJIB reserves the right to remove Your Content from the Services if TJIB believes in its sole discretion that it violates these Terms of Use or for any other reason.  

TJIB may use your name, image, likeness, logo, biography, and any videos you have created or developed or in which you have participated that depict you wearing make-up as a result of a stylist session (whether or not you have made these rights available through the Services) for the purpose of identifying you as an existing or past customer of TJIB both on the Site and in marketing, advertising and promotional materials. We likewise may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer these Terms of Service; and/or (d) protect the rights, property and/or personal safety of TJIB, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

Limited License to Services

TJIB hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services solely to browse the Platform and search for, view, comment on or purchase Platform Products. Without limiting other restrictions, limitations and prohibitions that we impose (in these Terms of Use or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse assemble, reverse compile, reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to recreate all or any part of the Platform Products or other Services or discover the source code for, or underlying algorithms used in all or any part of the Services; (c) rent, lease, resell, distribute or use the Services for commercial purposes or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any copyright, trademark or other proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.

Restrictions on Use of Services

You agree not to use the Site, Services or any other content available on the Site: (i) in violation of these Terms of Use or any applicable laws or regulations, or in a manner that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; (ii) for any commercial purposes that are not expressly permitted by these Terms of Use, including but not limited to scraping, crawling, or employing any automated means to extract data from the Site or to resell Platform Products; (iii) to take any action that imposes or may impose (in TJIB’s sole discretion) an unreasonable or disproportionately large load on our computing systems or other infrastructure; (iv) for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services and/or the Site to users, or damages our property; (v) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, investment opportunity, or any other form of commercial solicitation; (vi) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code or disruptive files; (vii) to transmit or display any material or information that is illegal, abusive, tortious, misleading, fraudulent, deceptive, defamatory, libelous, discriminatory, obscene, sexually explicit, violative or invasive of another’s privacy, hateful, threatening or otherwise objectionable, or that may harass or harm another individual; (viii) in a manner that infringes, misappropriates, or otherwise violates the intellectual property or other rights of a third party; (ix) in a manner that exposes TJIB to legal liability or otherwise harms TJIB or any users; (x) to disrupt, interfere with or otherwise harm or violate the security of the Site or Services, or any services, system resources, passwords, servers or networks connected to or accessible through the Services; or (xii) in a manner that disparages or injures the reputation or goodwill of TJIB and/or its Services.  
TJIB reserves the sole discretion and right to terminate or delete inappropriate material from its servers without liability to you. TJIB may cooperate with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws and may use and disclose Your Content to do so.

Disclaimer Regarding Services

TJIB is constantly evolving and updating its Platform, Site, and other offerings better to meet the needs of its customers. Accordingly, we cannot guarantee the availability of certain features or functionality. We reserve the right to modify, replace or discontinue any part of the Services or the entire Service at any time, for any reason, and with or without prior notice and liability to you. We also reserve the right to refuse service, remove or edit content, limit access to content, or modify or discontinue any portion of the Site in our sole discretion without any liability to you for any reason whatsoever. We may terminate, suspend, or modify your access to all or part of the Site, without notice and without any liability to you, if you violate these Terms of Use or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of us, any other user of the Site, or any third party.

TJIB has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that TJIB engages to provide the Platform Products. In addition, you acknowledge that TJIB makes no warranty regarding, and accepts no liability for, any losses or damages whatsoever relating to or in connection with your purchase (or attempted purchase) of a Platform Product via any Processor. You are solely responsible for any and all transactions utilizing your Financial Information, including, without limitation, any and all charges to your payment card(s). You acknowledge and agree that, if any Processor experiences a data breach that affects your Financial Information, Company will in no way be responsible or liable to you for such breach. You should maintain thorough records of all your purchase transactions on the Site. If you believe there is any error or unauthorized transaction concerning your Financial Information, you must contact the applicable Processor.  

All material and information presented by TJIB is intended to be used for personal, educational or informational purposes only. TJIB does not itself manufacture any of the products reviewed or promoted [or sold]on the Site. The statements made about products by the manufacturers or by TJIB promoted on the Site have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through TJIB are not intended to diagnose, treat, cure or prevent any condition or disease.  

All Platform Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information promoted or otherwise discussed on the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. TJIB does not represent itself as a physician; nor is this implied. No prescription medications or medical treatments are intentionally or impliedly provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

Fees and Refunds

If you are a Customer, there is no fee for you to access the Services. You may be charged a fee to purchase a Platform Product. These fees may vary and may include, without limitation, royalties, taxes, processing fees and fulfillment fees. TJIB does not control and cannot disclose the fees levied by your bank and/or credit card company.  
You will not be entitled to any refunds, except only for extenuating circumstances as determined in the sole discretion of TJIB. Please contact us at hello@thejoyinbeauty.com for more information.

Geographic Restrictions

TJIB is based in the United States. We provide the Site and Services for use only by persons located in the United States. The Site and Services are not directed to persons outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

NO WARRANTIES

YOUR USE OF THE SITE, SERVICES, AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, SERVICES, AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TJIB DISCLAIMS ALL WARRANTIES REGARDING THE SITE, SERVICES, AND SUCH CONTENT WHATSOEVER AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. TJIB ALSO MAKES NO WARRANTIES THAT: (A) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE OR THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, 24/7, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR THE FOREGOING DISCLAIMERS AND ALL OTHER DISCLAIMERS MADE IN THESE TERMS OF USE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE. 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL TJIB BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OF ANY KIND OR CHARACTER TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, LOSS OF USE, LOSS OF INCOME OR PROFIT, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL OR ANY OTHER CONTENT, MATERIALS, OR INFORMATION CONTAINED IN OR ACCESSIBLE THROUGH THE SITE OR SERVICES OR OTHER LOSSES OF ANY KIND OR CHARACTER, REGARDLESS OF WHETHER TJIB HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT AND MATERIAL ON THE SITE, OR THE SERVICES PROVIDED THROUGH THE SITE. IN THE EVENT THAT TJIB IS FOUND TO BE LIABLE TO YOU, NOTWITHSTANDING THE FOREGOING, EXCEPT AS PROHIBITED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TJIB UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES OR PLATFORM PRODUCTS GIVING RISE TO SUCH LIABILITY, OR IF YOU MADE NO PURCHASES, ONE HUNDRED U.S. DOLLARS (US $100).

YOU AND TJIB AGREE THAT THIS SECTION, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND TJIB. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TJIB WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

RELEASE AND INDEMNITY

You hereby release TJIB from all damages (whether direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive or otherwise), losses, liabilities, costs, and expenses of every kind and nature, whether known or unknown, arising out of or in any way connected with a dispute between you and a third party (including other users) in connection with the Site, Services or any Platform Products offered on the Site. You hereby waive any applicable law or statute which states, in substance, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TJIB AND ITS OFFICERS, DIRECTORS, AGENTS, LICENSORS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR ANY OTHER ACTION, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE OR ANY PLATFORM PRODUCTS, (B) ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, (C) YOUR CONTENT; (D) YOUR INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER LEGAL RIGHT OF ANY PERSON OR ENTITY; OR (E) YOUR BREACH OF THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY AND ANY OTHER TERMS INCORPORATED IN THESE TERMS OF USE), EVEN IF TJIB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH CLAIM. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSIBLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING INDEMNITIES AND RELEASES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

Compliance with Export Restrictions

You may not access, download, use or export the Site or Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Services may be subject to the United States Export Administration Laws and Regulations and agree that none of the Services or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Privacy Policy

TJIB respects your privacy and protects your personal information pursuant to the terms of our Privacy Policy which can be found at www.thejoyinbeauty.com

In connection with the use of certain Services and when you create an account on the Site, you may be asked to provide certain personal information. By providing such information, you grant TJIB a worldwide, royalty-free, perpetual, nonexclusive, and fully transferable license to use, distribute, reproduce, modify, publish, display and translate the personal information solely for the purpose of enabling your use of the applicable Service and as otherwise permitted pursuant to the Privacy Policy.  

Third Party Sites and Additional Terms

The third party sites linked to the Site (“Linked Sites”), if any, are not under the control of TJIB, and TJIB is not responsible for the content of Linked Sites. Any Linked Sites referenced from the Site have been selected by or on behalf of TJIB or selected by Customers for your convenience. If you decide to access any Linked Sites, you do so entirely at your own risk. Any use of the Linked Sites will be subject to, and any information you provide will be governed by, the terms of the Linked Site, including but not limited to those relating to confidentiality, data privacy and security. TJIB does not endorse or approve, and makes no warranties, representations or undertakings relating to, the content of any Linked Site. TJIB HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY LINKED SITES. TJIB IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT ANY LINKED SITES. LINKED SITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF TJIB AND THE LINKED SITE MAY PROVIDE LESS SECURITY THAN TJIB’S SITE.

Customers Needing Extra Assistance

TJIB aims to provide full access to the Site and Services regardless of Customers’ differing abilities. If
you are unable to read any part of the Site, or otherwise have difficulties using the Site or any Services, please contact us by email at hello@thejoyinbeauty.com and we will assist you.

Governing Law; Jurisdiction and Venue

These Terms of Use shall be governed by the laws of the state of New York without regard to its conflicts of law rules, and by the Federal Arbitration Act. If any controversy or claim between you and TJIB arises out of your use of the Site or these Terms of Use (collectively, “Legal Disputes”), that is not resolved through direct discussions or mediation, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof (“AAA Rules,” available at www.adr.org) or, if the claims qualify, in small claims court. Legal Disputes include, but are not limited to: (i) all claims arising out of or relating to any aspect of the relationship between you and TJIB, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (ii) all claims that may arise after termination of these Terms and/or your use of the Services that arise out of your previous use of the Site or these Terms. In arbitration there is no judge or jury, and there is no court review of an arbitration award except in the limited circumstances set forth below However, an arbitrator can award on an individual basis the same damages and relief as a court. To begin an arbitration proceeding, the party bringing a claim must send a letter by certified mail to the other party requesting arbitration that describes the claim and specific relief sought. We will send the letter to the address or other contact information you have provided us. You must send the letter to us at the contact information provided below in the Notice section. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York. You may choose to have the arbitration conducted by telephone, based on written submissions or in person, if lawful and feasible, in the county where you live or at another mutually agreed location. We each agree that the statute of limitations for asserting any claims arising out of use of the Site or Services or these Terms of Use shall be a period of one (1)year from your last use of the Site. We each agree that any and all disputes, claims, and causes of actions arising out of or connected with these Terms of Use or the Site shall be resolved individually, without resort to any form of class, consolidated, or representative action. Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights. If for any reason a claim proceeds in court (on these limited bases) rather than in arbitration, we each hereby consent to the jurisdiction of the state and federal courts located in New York, and irrevocably waive any right we each may otherwise have to challenge the appropriateness of such forums on any basis, including but not limited to lack of personal jurisdiction, improper venue, or inconvenience of the forum, and waive any right to a jury trial. This dispute provision will survive termination of these Terms of Use.

Your Rights to Submit a Takedown Notice

TJIB respects the intellectual property rights of third parties and requires others to do so also. If you believe that your copyrighted work or other intellectual property right is being used on our Site in a manner that infringes your work, you must notify TJIB as set forth below in this section.

TJIB will investigate notices of claimed copyright infringement and other intellectual property violations that it receives and take necessary actions under the Digital Millennium Copyright Act (“DMCA”) regarding any asserted or actual infringement. To report such a claim, email TJIB’s “Designated Copyright Agent” or “DMCA Agent” at hello@thejoyinbeauty.com with the Subject line “Takedown Request Per DMCA”. You may also contact this DMCA Agent at: 230 West 150th Street, NY, NY 10039. This notice must be written and must contain the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right infringed;
• A description or the copyright work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and the location where the infringing material resides on our Site (such as a link to such material on our Platform);
• Your street address, telephone number, and email address;
• A statement that you have a good faith belief that the asserted infringing use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that all of this information recited above in your notice is accurate and complete and that you are the owner or authorized to act on behalf of the copyright owner or other intellectual property owner. 
You may submit a “Counter-Notification” to our DMCA Agent if you believe that Your Content that was the subject of a DMCA notice, and that TJIB removed, is not infringing (or is otherwise authorized by law) and was removed improperly. To submit this notice you must provide in writing:
• Your physical or electronic signature;
• Identification of the content that was removed and the location at which it appeared before its removal;
• A statement that you have a good faith belief that the content was removed as a result or a mistake or misidentification of that content;
• Your street address, telephone number, and email address; and
• A statement that you consent to jurisdiction of the federal courts within New York for the litigation of any disputes involving the counter-notification and that you will accept service of process.
TJIB will send a copy of any counter-notification that it receives regarding Your Content to the complainant (copyright owner or other intellectual property owner), informing the complainant that it may restore the removed content within ten (10) business days. Unless the complainant files an action seeking a court order against the poster, TJIB may restore that content in ten (10) to fourteen (14) business days after receipt of the counter-notification.

Notices

Notices to you may be sent via email or regular mail to the address that you provided to TJIB. The Services may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. If you wish to contact TJIB or deliver any notice, you can do so at 230 West 150th Street NY, NY 10039 or via email to hello@thejoyinbeauty.com.

General Information

TJIB may, without your consent or approval, freely assign these Terms of Use, our rights and obligations under these Terms of Use, and/or the Site and Services to a third party in connection with a corporate transaction or otherwise. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without our prior written consent.

These Terms of Use, together with the Privacy Policy, and any other agreements or policies agreed to by you in the course of using the Site or any Service, constitutes the entire agreement between TJIB and you with respect to your use of the Site and Services, and it supersedes all prior or contemporaneous communications and proposals between TJIB and you with respect thereto. In the event of a conflict between the Terms of Use and any other written agreement between you and TJIB, the agreement between you and TJIB shall control. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any and all sections of these Terms of Use that by their nature should survive the termination of these Terms of Use shall survive, including without limitation, all limitations of liability, indemnification obligations, disclaimers, dispute provisions, choice of law, intellectual property protections and licenses. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.