TERMS OF USE
Last Updated: September 13, 2024
1. AGREEMENT TO TERMS
These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Beauty By Miabella (“Company,” “we,” “us,” or “our”), governing your access to and use of https://beautybymiabella.com and any related media forms, channels, or applications (collectively, the “Site”).
By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
We may revise these Terms from time to time. Updates will be indicated by a new “Last Updated” date. Your continued use of the Site after any revisions constitutes acceptance of the updated Terms.
The Site is intended for users at least 18 years old. Accessing the Site from jurisdictions that prohibit its content or use is done at your own risk and responsibility.
The Site is not designed to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA and may not be used for any purpose subject to such laws.
2. INTELLECTUAL PROPERTY RIGHTS
All content on the Site — including text, images, graphics, logos, design elements, databases, audio, and video (collectively, the “Content”) — and all trademarks, service marks, and logos (the “Marks”) are owned or licensed by Beauty By Miabella and are protected by intellectual property laws.
You are granted a limited, revocable license to access and use the Site for personal, non-commercial purposes only. No Content or Marks may be copied, reproduced, republished, uploaded, or distributed without our prior written consent.
3. USER REPRESENTATIONS
By using the Site, you represent that:
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You have the legal capacity to agree to these Terms.
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You are not a minor in your jurisdiction.
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You will not access the Site using automated means (bots, scripts, crawlers).
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You will not use the Site for any unlawful purpose.
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Your use will comply with all applicable laws and regulations.
We reserve the right to restrict or terminate your access if any information you provide is false or incomplete.
4. PROHIBITED ACTIVITIES
You agree not to:
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Systematically retrieve data or content to create a collection or database.
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Circumvent, disable, or interfere with Site security features.
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Engage in harassment, spamming, or posting of harmful materials.
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Use the Site for unauthorized commercial purposes or competitive activity.
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Attempt to disrupt or overload the Site infrastructure.
5. USER-GENERATED CONTENT & FEEDBACK
The Site currently does not permit user-generated submissions.
If that changes in the future, any content or feedback you provide (“Contributions”) must comply with these Terms and our Privacy Policy.
By submitting feedback, suggestions, or ideas, you grant us a perpetual, royalty-free, worldwide license to use and incorporate them without compensation to you.
6. THIRD-PARTY LINKS AND AFFILIATES
The Site may contain links to third-party websites or services, including affiliate links to beauty and skincare retailers. Beauty By Miabella may earn a commission on qualifying purchases at no extra cost to you.
We are not responsible for the content, privacy policies, or practices of any third-party websites. Accessing them is at your own risk, and you should review their respective terms and policies.
7. ADVERTISERS
We may display advertisements or sponsored content. Advertisers are solely responsible for ensuring their materials comply with applicable laws and regulations.
8. SITE MANAGEMENT
We reserve the right, in our sole discretion, to:
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Monitor the Site for compliance with these Terms.
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Take legal action against any user violating these Terms.
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Refuse, restrict, or terminate access to the Site.
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Remove or disable any content deemed inappropriate or harmful.
9. MODIFICATIONS AND INTERRUPTIONS
We may modify, suspend, or discontinue the Site at any time without notice. We will not be liable for any loss or inconvenience caused by such changes or interruptions.
10. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict-of-law rules.
11. DISPUTE RESOLUTION
Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration conducted in Ohio, in accordance with the rules of the American Arbitration Association (AAA).
Each party waives the right to participate in any class action or jury trial.
12. DISCLAIMER
The Site and all content are provided “as is” and “as available.”
We make no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site will be error-free or uninterrupted.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Beauty By Miabella and its affiliates shall not be liable for any damages of any kind, including direct, indirect, incidental, consequential, or punitive damages arising from your use of the Site.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold Beauty By Miabella harmless from any losses, damages, or claims arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.
15. ELECTRONIC COMMUNICATIONS AND CONSENT
By visiting the Site, sending us emails, or submitting forms, you consent to receive electronic communications. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
16. CALIFORNIA USERS AND RESIDENTS
If you are a California resident and a complaint with us is not resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services, Department of Consumer Affairs, at:
1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210.
17. MISCELLANEOUS
These Terms constitute the entire agreement between you and Beauty By Miabella regarding your use of the Site. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
18. CONTACT US
For questions or concerns regarding these Terms, please contact:
Beauty By Miabella – Ohio, USA
