Last Updated: August 28, 2016
Wixstar Corporation, a Washington corporation (the “Company”), owns and operates the technologies that connect users with beauty professionals. The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal Agreement between you and Company. In order to use the Service (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any applications, websites, content, products, and services supplied to you by the Company (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at http://wixstar.com/terms-conditions.html or through the Service.
Please read these terms carefully as they constitute a binding legal agreement between you and company and contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions and a dispute resolution clause that governs how disputes will be resolved. Subject to your compliance with these Terms, we grant you permission to access and use the Site, the Application and the Service.
1. Definitions
2. General Terms and Conditions
A. Eligibility. The Service is not intended for or available to persons under the age of 18 or to any users suspended or removed from the service. By using the Service or the Application, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Service. If you are under 18 years of age but have improperly accessed the Service by providing false information to us, not only are you an unauthorized user using the Service or the application in violation of these terms of Service, but you may also be putting yourself and others in danger or otherwise violating the law.
B. Term. This Agreement will remain in full force and effect while you use the Service. We may terminate your account, delete your profile and any content or information that you have posted on the Site or Application and prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site or Application) or using the Service or Application for any reason, or no reason, at any time in our sole discretion, with or without notice, including if we believe that you are under 18. You may terminate your account at any time for any reason be stopping to use the Site, the Application, and Services and deleting your account profile; however, we may retain your Registration Data and User Content (as defined herein). Even after your registration is terminated, certain sections of this Agreement will remain in effect.
C. Registration Data & Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site or Application (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
D. Email Communications. By providing Company your email address with your Registration Data, you consent to our use of the email address to send you Services-related email, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Services-related emails.
E. Privacy Policy. Your use of the Service is subject to, and you shall at all times comply with, the Company privacy policy (“Privacy Policy”), which is incorporated into and made a part of these Terms by reference, and subject to change without notice.
3. Reversals, Chargebacks and Claims
You agree that you will not file a claim or Chargeback without first making a good faith effort to remedy the situation directly with Company. If you file a claim or a Chargeback, or if you are successful in the reversal of the payment, you agree to and authorize your credit card company or debit or credit card issuing bank to allow Company to retain or collect its fees.
4. Cancellations.
Users may cancel within two hours before an appointment is scheduled to begin. If you cancel without giving 2 hours notice, you will be charged for the entire cost of the order amount as a cancellation fee (“Cancellation Fee”).
5. Feedback.
After completion of your transaction, Company may ask you for feedback. We will use this feedback to improve our Service by allowing other customers to view your comments. You agree that Company shall acquire, and you hereby grant and otherwise transfer, any and all right, title, and interest in and to any actual or suggested modifications, design changes, improvements, and other information regarding the features and performance of the Service you received through Company, including the use of your name or other identifying marks, and move details, without the payment of additional consideration.
6. Prohibited Conduct
A. A User has a nonexclusive, nontransferable, limited, and revocable right to use the Site or Application solely for the User’s personal, non-commercial use. A User will not use the Site or Application for any other purpose, including any commercial purpose (except as expressly stated herein), without Company’s express prior written consent.
B. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site or Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You also agree to use the Site or Application in a manner consistent with any and all applicable laws and regulations.
C. You further agree not to:
7. Proprietary Rights in Site Content; Limited License; Application License
A. Proprietary Rights. You acknowledge and agree that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of Company, its content providers, and/or their respective owners, and that Company, its content providers, and/or the respective owners, retain all rights, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’s prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site or Application.
B.Limited License. Provided that you are eligible to use the Site or Application, you are granted a limited license to access and use the Site or Application and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet Site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Agreement does not permit the use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or Application or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
C. Application License. Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run that copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Application”) or using Google Play (“Google Play Application”), you will use the App Store Application only on an Apple-branded product that runs iOS (Apple’s proprietary operating system software), and the Google Play Application only on an Android operated device, in each case, subject to and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service or the Google Play Terms of Service, as applicable. Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
D. Accessing and Downloading the Application from Apple App Store or using Google Play. The following applies to any App Store and Google Applications:
D.Export Controls. You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
8. User Content Posted on the Site.
User Responsibility.You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site (collectively the “User Content”). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Company violates this Agreement, might be offensive, illegal, threatening to the safety of users or others, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Company.
B. License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that Company may not use User Content in violation of the Privacy Policy (which can be found at http://wixstar.com/privacy.html). Aside from the license granted herein, you retain all rights to your User Content, including the right to remove User Content at any time. If you remove your User Content, then the license granted herein shall automatically expire, provided that Company may retain archived copies of such information.
C. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Intellectual Property.
A. Trademarks. “WIXSTAR” and other graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law trademarks, service marks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Should you use, cause to be used, or otherwise permit any other party to use Company’s trademarks and trade dress without our permission, we reserve the right to seek all available remedies, including by not limited to injunctive relief and/or damages.
B.Copyright Infringement and DMCA Policy.
10.Third Party Sites and Content
The Site contains (or you may be sent through the Site to) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
11. Disclaimers
Content
Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by Company, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. Company is not responsible for the conduct, whether online or offline, of any user of the Site.
Availability and Data Integrity
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Viruses and Malware
Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
Results
Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software or Content.
Reservation of Rights
Company reserves the right, solely in its discretion, to
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
THE SERVICE MAY CONTAIN INFORMATION THAT SERVICE PROFESSIONALS PROVIDE. COMPANY DOES NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT SUCH INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON. COMPANY DOES NOT HAVE ANY CONTROL OVER SUCH INFORMATION AND BEARS NO RESPONSIBILITY FOR IT OR ITS USE.
12. Limitation on Liability.
IN NO EVENT WILL COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE PRECEDING 6 MONTHS. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Without limiting the foregoing, Company shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, terrorism, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Company.
Liability Exclusions; Wixstar may include specific exclusions as required by insurance providers.
Delays in transit; Other than by reason of our gross negligence, we will not be liable for delays in transit.
13. Our right to sub-contract the work
14. Route and method. We have the full right to choose the route.
15. Indemnification; Release
You agree to indemnify, defend, and hold Company harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, the Site, or the Application, your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by you in these Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. Dispute Resolution and Arbitration
Any dispute arising out of or in connection with this Agreement, including the breach, termination or validity thereof, shall be referred to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration, except as those Rules are modified herein or by mutual agreement of the parties. The place of arbitration shall be King County, Washington. You waive any right to a trial by jury.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing and the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the arbitration shall be conducted by three arbitrators. The claimant(s) shall appoint an arbitrator in the notice of arbitration. The respondent(s) shall appoint an arbitrator within 15 days of the receipt of the notice of arbitration. The two arbitrators appointed in accordance with the preceding sentences shall appoint the third arbitrator within 15 days after the appointment of the second arbitrator. The third arbitrator shall act as chair of the tribunal. If any of the three arbitrators is not appointed within the times prescribed above, then the American Arbitration Association (“AAA”) shall appoint the arbitrator.
Each party has the right to apply to any court of competent jurisdiction for provisional measures, including pre-arbitral attachments or injunctions, provided however that, after the arbitrators are appointed, the arbitrators shall have sole jurisdiction to consider applications for provisional measures, and any provisional measures ordered by the arbitrators may be specifically enforced by any court of competent jurisdiction. The parties agree to the jurisdiction of Washington state courts for these purposes.
Unless the parties expressly agree in writing to the contrary, the arbitration shall be kept confidential and the existence of the proceedings and all materials related to the proceedings (including but not limited to pleadings, briefs, documents submitted or exchanged, testimony or oral submissions and transcripts thereof, and awards) shall not be disclosed without the prior consent of the other party, beyond disclosure to the tribunal, the AAA, the parties, their counsel, accountants and auditors, insurers and re-insurers, and any person necessary to the conduct of the proceedings. The confidentiality obligations shall not apply (i) if disclosure is required by law, or in judicial or administrative proceedings, or (ii) as far as disclosure is necessary to enforce the rights arising out of the award.
In order to facilitate the comprehensive resolution of related disputes, and upon request of any party to the arbitration proceedings, the arbitration tribunal may consolidate the arbitration proceedings initiated under this Agreement with any other arbitration proceeding involving any of the parties hereto relating to this Agreement or any related agreement contemplated hereby. The arbitration tribunal shall consolidate such arbitrations unless it determines that (i) there are no issues of fact or law common to the two proceedings so that a consolidated proceeding would be more efficient than separate proceedings or (ii) a party would be prejudiced as a result of such consolidation through undue delay or otherwise.
The Arbitration award shall be final and binding on the parties. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
17. Governing Law; Venue.
This Agreement shall be governed by and construed under the laws of the state of Washington. Venue shall be in the Washington state courts or the federal courts located in Washington.
18.Notice
Company may give notice to you by means of a general notice on the Site or Application, electronic mail to your email address on record in your account information, or by written communication sent by first class mail to your address on record in your account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail) or 12 hours after sending (if sent by email). You may give notice to Company by any of the following: (a) first class mail at the following address: 12011 Bel Red Rd Suite 206 Bellevue, WA 98005
19.Miscellaneous
This is the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter. No joint venture, partnership, employment, or agency relationship exists between you, Company or any third party provider as a result of this Agreement or use of the Service, the Site, or the Application. If any provision in these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under applicable law. Our failure to enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Company without restriction. Failure by Company at any time to require performance of any provision of these Terms will in no manner affect Company’s right at a later time to enforce the same.
