INTRODUCTION AND OVERVIEW

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Rules Beauty LLC d/b/a Half Magic Beauty (“Half Magic Beauty”, “we”, “our”, or “us”), and govern your use of any website, mobile application, or online service location that posts a link to these Terms (each, a “Site”), and all features, content, and other services that we own, control and make available to you that mention or identify these Terms (collectively, with the Sites, the “Service”). These Terms govern your access to and use of the Service.

By visiting the Site or using the Service in any way, including by making any purchases or browsing the Sites, you are agreeing to be bound by these Terms and all applicable laws and regulations, and you acknowledge our collection, use, and disclosure of your information as described in our Privacy Policy[LL1] . If you do not agree with any of these Terms, you are prohibited from using or accessing the Service. WITHOUT LIMITING ANYTHING HEREIN, YOUR AGREEMENT TO THESE TERMS MEANS YOU ACKNOWLEDGE AND AGREE TO THE TERMS RELATED TO CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF HALF MAGIC BEAUTY’S WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, WAIVER OF A JURY TRIAL, AND A CHOICE OF NEW YORK LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).

In some instances, both these Terms and separate terms and conditions will apply to your use of the Service (“Additional Terms”). This may include promotions, sweepstakes/contests, and loyalty and rewards programs, as well as return policies for certain transactions. We will notify you to the extent Additional Terms apply to your use of the Service. If there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

We reserve the right to change these Terms from time to time for any reason, which shall be effected by posting the updated Terms here. Your use of the Service after we post any changes to these Terms constitutes your agreement to those changes from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. 

AGREEMENT TO ARBITRATE DISPUTES; CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.  DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOLLOWING BINDING ARBITRATION TERMS (the “Agreement to Arbitrate Disputes”).

A. We Both Agree to Arbitrate

You and Half Magic Beauty agree to resolve any claims relating to these Terms, the Service, the Content, or our Privacy Policy through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Half Magic Beauty’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), Half Magic Beauty may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

B. What is Arbitration

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

C. Arbitration Procedures

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, the Content, or our Privacy Policy shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“Arbitration Rules”) in front of one arbitrator. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com/rules-streamlined-arbitration/ or 1-800-352-5267. To initiate arbitration, you or Half Magic Beauty must do the
following things:

* Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadr.com/submit/.

* Send three copies of the demand for arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

* Send one copy of the demand for arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

D. Authority of Arbitrator

The arbitrator will decide the rights and liabilities, if any, of you and Half Magic Beauty, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Half Magic

Beauty.

E. No Class Actions

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

F. Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Half Magic Beauty in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HALF MAGIC BEAUTY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

G. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a federal or state court of competent jurisdiction located in New York, NY.

USE OF OUR SERVICE

A. Content

The Service contains, among other things: (i) materials and other items relating to Half Magic Beauty and its products and services, and similar items from our licensors and other third parties, including all layout, information, product descriptions, databases, pricing information, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Half Magic Beauty; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Half Magic Beauty or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

B. Limited License

Subject to your strict compliance with these Terms and any applicable Additional Terms, Half Magic Beauty grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your own personal, non­commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Half Magic Beauty’s sole discretion,and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

C. Accounts and Guest Checkout

Certain features of the Service may require you to register an account or checkout as a guest. When registering an account or checking out as a guest, you agree to provide true, accurate, current, and complete information. When registering an account, you further agree to: (i) maintain and update the information in your account to keep it true, accurate, current, and complete; (ii) protect and prevent unauthorized access to your account; (iii) not transfer or share your account with any third party; and (iv) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities
that occur under your account or during guest checkout, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations. Your use of the Service and/or your decision to register an account constitutes acceptance of these Terms and your acknowledgement of our Privacy Policy[LL1].

D. Minors; Restrictions and Rules of Conduct

If you are a minor between the age of 13 years and 18 years, you are permitted to use the Service only with the permission of your parent or legal guardian.  When you use the Service, your parent or legal guardian agree to these Terms on your behalf.  We do not sell products or services t children, but only to adults who can make such purchases with a valid credit card or other permitted payment method.  Our Services and the Content are not directed at or meant for individuals under the age of 13. If you are under 13 years of age, you may use the Service only with the involvement and consent of a parent or legal guardian.  NO ONE UNDER THE AGE OF 13 IS PERMITTED TO USE OR ACCESS THE SERVICE OR CONTENT. Anyone under the age of 1 who uses the Service or Content, or who assists anyone under the age of 13 to use the Service or Content, is in violation of these Terms and will have their account immediately terminated. Should you, as a parent or legal guardian of a minor, become aware that a user who is under the age of 13 has provided Half Magic Beauty with personal information, please contact us as outlined in our Privacy Policy [LL1] to have such account, and the information associated with it, removed.  

You may not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Half Magic Beauty; (iii) harvest any information from the Service or Content; (iv) reverse engineer or modify the Service or Content; (v) interfere with the proper
operation of or any security measure used by the Service or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.

E. Availability; Suspension or Termination of Access

Unless otherwise prohibited by applicable law, Half Magic Beauty may, in its sole discretion, and at any time, suspend or terminate the availability of the Service and/or Content, in whole or in part, to any individual user or all users, for any reason, in Half Magic Beauty’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Half Magic Beauty, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content. You agree that you do not have any rights in the Service or Content and that Half Magic Beauty will have no liability to you if the Service and/or Content is discontinued, or if your ability to access the Service or Content is terminated.

F. Reservation of Rights

All rights not expressly granted to you are reserved by Half Magic Beauty and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.

USER SUBMISSIONS

A. License to Your Submissions

You may have the opportunity to submit ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through the Service or other platforms, including by “tagging” us or engaging with us in social media posts on third-party platforms (collectively, “Submissions”). By making a Submission, you grant us a non exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever (including for advertising and marketing purposes), in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now
known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand and agree that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this section, and that any Submissions you provide will not violate, misappropriate, or infringe any rights of any third party. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them. Your Submissions may be used by us and our Service Providers for any purpose discussed herein and in conjunction with any purpose stated in our Privacy Policy[LL1].

B. Copyright Policy; DMCA Takedown Procedure

Half Magic Beauty takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you are a copyright owner and believe that materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to us as designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

* Your physical or electronic signature

* Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works

* Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material on the Service

* Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address)

* A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law

* A statement that the information in the written notice is accurate

* A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Please send your DMCA Notices to:

Half Magic Legal Dept., Attn: DMCA Takedown
1245 Broadway, 10th Floor, New York, NY 10001
privacy@halfmagicbeauty.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

ONLINE STORE TERMS

A. Product and Services Sales

Certain products or services may be available for purchase through the Service. By making a purchase through the Service, you represent that you are at least the age of majority in your state of residence. You are solely responsible for any taxes applicable to your transaction. Products purchased through the Service may only be used for individual, personal use. It is prohibited to re-sell or re-distribute any product or service. You are strictly prohibited from using any product or service for any illegal or unauthorized purpose.

The products and services offered through the Service may have limited quantities and are subject to return or exchange only in accordance with the return and exchange terms we make available to you at the time of your purchase. In the absence of such return and exchange terms, the following conditions will apply to your return or exchange: (1) you will be entitled to free domestic returns; if you are returning from outside of the United States, you will be responsible for the full cost of return shipping; and (2) all returns must be processed within thirty (30) calendar days of the date of your purchase. To the extent of any conflict or inconsistency between the above provisions and any other return and exchange terms made available to you, such other return and exchange terms will control.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected.

All physical products you purchase from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you as soon as we provide the product to the carrier or shipping company.

Products shipped to destinations outside the United States will be imported on your behalf. You authorize us to import the products on your behalf. Further, you agree that we may delegate the obligation to import the products on your behalf to a subcontractor (e.g., customs broker). You will pay the taxes & duties in addition to the purchase price of the products.

B. Accuracy, Completeness, and Timeliness of Information

We do our best to describe every product or service offered on our Service as accurately as possible. However, we cannot warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free.

In the event of any errors relating to the pricing or specifications, Half Magic Beauty shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge.

We have made every effort to display product colors and images that appear on our store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. If a product or service you purchased from Half Magic Beauty is not as described, your soleremedy is to cancel the purchase and receive a credit for the purchase price.

C. Billing and Shipping

If you purchase products or services through the Service, you will be asked to supply delivery and/or payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Half Magic Beauty and our payment processors the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made, so it is important that you keep your information up to date.

You are responsible for providing an accurate and current delivery address each time you place an order. We are not responsible or liable for lost packages if the item is delivered to the address you indicated in your purchase, and we are not responsible or liable for stolen packages. We may or may not replace lost or stolen packages in our sole discretion.

If you use a payment plan provider that we make available on the Service during the course of your purchase checkout, you acknowledge and agree that you will be required to enter into a separate agreement with such provider. Payment plan providers may require you to pay interest. You agree to pay all principal and interest amounts to the payment plan provider in accordance with the payment schedule provided by the provider. Half Magic Beauty is not responsible for the acts or omissions of any payment plan provider and expressly disclaims all liability for such providers, even those providers whose services are offered on the Service.

CUSTOMER SUPPORT

If you have any questions or comments, please send an e-mail to us at customer@halfmagicbeauty.com. You acknowledge that the provision of support is at Half Magic Beauty’s sole discretion and that we have no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically in relation to your communications.

THIRD PARTY SERVICES

Our Service may contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”), such as social network sites. We may also integrate third part technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk.

SERVICES FEATURES

A. Wireless Features

The Service may offer features that are available to you via your wireless Device including the ability to access the Service’s features (collectively, “Wireless Features”). By using the Service, you agree that Half Magic Beauty may collect information related to your use of the Wireless Features as described in our Privacy Policy[LL1] , and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. Data rates and other carrier fees may apply.

B. Communications

You can opt out of receiving promotional e-mails from us at any time by following the instructions in the e-mails to click on the unsubscribe link, or by sending an e-mail to us at privacy@halfmagicbeauty.com, with the word UNSUBSCRIBE in the subject field of the e-mail. 

Please note that your opt out is limited to the e-mail address used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or Half Magic Beauty’s ongoing business relations.  You can opt out of receiving text messages from us at any time by responding STOP to any text message we send you.  

DISCLAIMER OF REPRESENTATIONS AND WARANTIES

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALLFAULTS” BASIS. NEITHER HALF MAGIC BEAUTY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “HALF MAGIC BEAUTY PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

NOT WITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM HALF MAGIC BEAUTY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HALF MAGIC BEAUTY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM HALF MAGIC BEAUTY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Half Magic Beauty from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Half Magic Beauty reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Half Magic Beauty’s defense of any claim. You will not in any event settle any claim without the prior written consent of Half Magic Beauty.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEB SITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY HALF MAGIC BEAUTY OR A LICENSOR OF HALF MAGIC BEAUTY.

UPDATES ON TERMS

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.

GENERAL PROVISIONS

A. Consent or Approval

No Half Magic Beauty consent or approval may be deemed to have been granted by Half Magic Beauty without being in writing and signed by an officer of Half Magic Beauty.

B. Survival

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Submissions, Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

C. Severability; Interpretation; Assignment

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Half Magic Beauty may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Half Magic Beauty.

D. Complete Agreement; No Waiver

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Half Magic Beauty in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

E. International Issues

Half Magic Beauty controls and operates the Service from the United States, and Half Magic Beauty makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

F. Investigations; Cooperation with Law Enforcement

Half Magic Beauty reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Half Magic Beauty ma disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

CONTACT US

If you have any questions or comments about these Terms, please email us at privacy@halfmagicbeauty.com. All legal notices to us must be mailed to: 1245 Broadway, 10th Floor, New York, NY 10001, ATTN: Half Magic Beauty Legal. 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.