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Terms and Conditions of Our Service
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 18 years old. By using the Service, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. By using the Service, You represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Your membership for the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
2. Use of Site and Service
"As a user of the Site or a user registered to use any of the Services (a ""Registered User""), you agree to the following:
a. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that World Beauty USA is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
b. Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction
c. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; and (ii) the information and content you transmit or otherwise make available (hereinafter ""submit"") through the Services. In addition to sharing your information with your matches, we may allow your matches to share your profile information with members of their social network(s).
d. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Matching Service. In addition, you agree to review and follow the recommendations set forth in World Beauty USA's Safety Tips, which will be provided to you prior to entering the ""World Beauty USA Mail"" phase with your matches in the Matching Service and is available at the bottom of all pages of the Matching Service.
e. No Guarantees. World Beauty USA may not be able to provide matches for everyone seeking to use its services. Further, World Beauty USA makes no guarantees as to the number or frequency of matches through the Matching Service , or to such matches' ability, desire or criteria to communicate with any user. You understand that World Beauty USA makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Matching Service or as to the conduct of such individuals.
f. Reporting of Violations. You will promptly report to World Beauty USA any violation of the Agreement by others, including but not limited to, Registered Users.
g. Content Removal. World Beauty USA reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. World Beauty USA will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. World Beauty USA further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site.
h. Communication Restrictions. You will not transmit to other persons, other users, communicate any content (or links thereto), or otherwise engage in any activities through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
v. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment from the use of this Site;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; or
xiii. collects or solicits personal information about anyone under 18.
i. No False Information. You will not provide inaccurate, misleading or false information to World Beauty USA or to any other user. If information provided to World Beauty USA or another user subsequently becomes inaccurate, misleading or false, you will promptly notify World Beauty USA of such change.
j. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, ""spam"" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to World Beauty USA, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay World Beauty USA $50 for each such unsolicited communication you send through the Services.
k. No Harassment of World Beauty USA Employees or Agents. You will not harass, annoy, intimidate or threaten any World Beauty USA employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights
"a. Ownership of Proprietary Information. You hereby acknowledge and agree that World Beauty USA is the owner of highly valuable proprietary information, including without limitation, the matching system and relationship questionnaires (collectively, ""Confidential Information""). World Beauty USA owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Users' Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any World Beauty USA or third party proprietary information available via the Services or the Site.
d. License to Posted or Accessed Content. By making it accessible to us by linking your World Beauty USA account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to World Beauty USA and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs."
4. User Information
b. No Contact Information. You agree that you will not transmit and make available to other users your e-mail addresses, personal website address, your profile pages you may have on a third party website, or other contact information or in any other communications you may have with other users. You may, at your discretion, exchange such information after you reach the "World Beauty USA Mail" phase with your match.
c. Disclosure By Law. You acknowledge and agree that World Beauty USA may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend World Beauty USA's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
e. Use of Anonymous Information for Research. By using the Services, you agree to allow World Beauty USA to anonymously use the information from you and your experiences through the Services to continue World Beauty USA's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
6. Disclaimer of Warranty
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WORLD BEAUTY USA PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WORLD BEAUTY USA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WORLD BEAUTY USA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by World Beauty USA, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WORLD BEAUTY USA DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WORLD BEAUTY USA. UNDER NO CIRCUMSTANCES WILL WORLD BEAUTY USA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
7. Limitation of Liability
a. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORLD BEAUTY USA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WORLD BEAUTY USA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WORLD BEAUTY USA'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID WORLD BEAUTY USA FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
b. No Liability for non-World Beauty USA Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORLD BEAUTY USA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. World Beauty USA and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that World Beauty USA and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless World Beauty USA, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. World Beauty USA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with World Beauty USA in asserting any available defenses.
9. Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the World Beauty USA website, or e-mail us by clicking here. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to World Beauty USA via facsimile at (240) 597-1052. All other communication or inquiries sent to this facsimile number will be discarded.
10. Communication and Privacy
11. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or World Beauty USA may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. World Beauty USA reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to World Beauty USA by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: World Beauty USA, Inc., Attn: Cancellations, P.O. Box 3640, Santa Monica, CA 90408 USA. Following any termination of any Registered User's use of the Matching Service, World Beauty USA reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by informing to World Beauty USA in writing such as US mail or E-mail. The cancellation shall be effective as of the date World Beauty USA issues acknowledgement of receipt of such communication. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for membership fees.
b. 3-Day Cancellation. Regarding the Matching Service, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to World Beauty USA, Inc., Attn: Cancellations, 1375 Broadway FL3, New York, NY 10018 USA. Please include the e-mail address associated with your World Beauty USA account in this notice. For Matching Services, the day that you submit a completed subscription form and paid membership fees will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after World Beauty USA's receipt of your cancellation notice.
c. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Matching Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii). ii. If you have prepaid any amount for the Matching Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative. ii. "Disability" means a condition which precludes you from physically using the Matching Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to World Beauty USA. iii. If the physician determines that the duration of the disability will be less than six (6) months, World Beauty USA may extend the term of the Matching Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
"a. Arbitration of Disputes. You and World Beauty USA agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of World Beauty USA (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of World Beauty USA’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which World Beauty USA may elect to have resolved by means other than arbitration. Notwithstanding the above, World Beauty USA is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND WORLD BEAUTY USA AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
b. No Class Actions. YOU AND WORLD BEAUTY USA ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHE PARTY. Further, neither you nor World Beauty USA agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
c. Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with World Beauty USA, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. You can find further details about the arbitration procedure by clicking here.
d. Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction."
e. Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
14. Digital Millennium Copy Right Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify World Beauty USA's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit World Beauty USA to contact you, such as your address, telephone number, and e-mail address;
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 owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
World Beauty USA, Inc.
31 West 34th Street, New York, NY 10001 USA
firstname.lastname@example.org (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)
15. Revision Date
This Terms and Conditions of Our Services is current as of October 1, 2015.