Last Modified: [06/14/21]
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 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.
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
Restrictions on Use of Services
Disclaimer Regarding Services
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 firstname.lastname@example.org for more information.
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.
LIMITATION OF LIABILITY
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.
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.”
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.
Third Party Sites and Additional Terms
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 email@example.com and we will assist you.
Governing Law; Jurisdiction and Venue
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 firstname.lastname@example.org 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.