(Updated as of October 12, 2017)
To purchase on the Site, you represent and warranty that you are at least 18 years old and that all information you have provided to MBI to gain access to our Site are accurate and truthful. If you are under 18 years of age, you may only browse the Site if you are over 13 years old but may not make any purchases without your parent or guardian’s permission.
MBI reserves the right to refuse any membership submission submitted through the Site or any purchase of goods for any reasons, at any time or from time to time. MBI reserves the right, in its sole discretion, to terminate or cancel any unconfirmed or inactive accounts.
Article 1 – Products for Personal Use
Article 2—Shipping and Handling, Return Policy
To view the return policy related to orders placed through our Site (such as order processing, shipping and handling, returns and exchanges), click here.
Article 3 – Grant of Limited Use To Access Site
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
- frame or utilize framing techniques to enclose the Site or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- make any use of the Site or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Site or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, state, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Article 4—Using your Account
Article 5 – Content of the Site
MBI attempts to be as accurate as possible when describing its products on the Site; however we do not warrant that the product descriptions, colors, information or other content available on the Site (the “Site Content”) are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
Article 6–User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content“) on the Site in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
Removal of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site, please contact us by email at email@example.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
Article 8 – Breach
Without limiting any other remedies, MBI may, without notice, and without refunding any fees, delay or immediately remove Content, warn MBI’s community of a User’s actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User if any of the following apply:
- MBI cannot verify or authenticate any of User’s personal information or Content; and
To protect MBI from risk of liability for your actions as a seller, MBI has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, or transaction value. This may result in PayPal restricting funds in your PayPal account.
Article 9 – Resolution of disputes
YOU AND MBI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MBI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse MBI for all fees associated with the arbitration paid by MBI on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Article 10 – Intellectual Property Rights
All marks, names, logos, drawings, content, code source, software application, functionalities, designs, whether proprietary or non-proprietary, patentable or not, contained in or published on the Site, including its look and feel (the “IP Rights”) are the exclusive property of MBI and its subsidiaries, affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. You may not use or reproduce any such IP Rights without MBI’s express and written consent.
MBI responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. MBI works to ensure that listed products or related items and content on its Site or in do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify MBI via e-mail without delay and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated agent for notice for claims of copyright infringement is Roi Mallach, Chief Operating Officer, Ma Beaute Inc., 201 S Biscayne Blvd, 28th Floor Miami, FL 33131. Telephone: + 1(855) 697-4267. Email: firstname.lastname@example.org. NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MA BEAUTE INC. THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE BY EMAIL TO: email@example.com.
Article 12 – Warranties
YOU ACKNOWLEDGE AND AGREE THAT MBI IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR ACCURACY OF SUCH THIRD PARTY WEBSITES, OR FOR THE CONTENT, PRODUCTS OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES. MBI DOES NOT GUARANTEE THE ACCURACY OF CONTENT, AND WILL NOT ASSUME ANY LIABILITY FOR USERS’ (1) PURCHASE DECISIONS (AND THE SUBSEQUENT USE OF PURCHASED PRODUCTS AND SERVICES) THAT MAY BE INFORMED BY, THE INFORMATION PROVIDED IN THE SITE, OR ITS CONTENT OR (2) THIRD PARTIES’ CONTENT, ACTIONS OR INACTIONS, OR YOUR INTERACTIONS WITH ANY THIRD PARTIES IN CONNECTION WITH THE SITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE, YOU RELEASE MBI (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Article 13 – Limitation of liability
ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND MBI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Article 15 – Governing law
Article 16 – Severability
Article 17 – No agency
Article 18 – Consent to Receive Notices Electronically by Posting on the Site and Via Email
Article 19 –Entire Agreement
Article 20–Special Events
Copyright © Ma Beaute Inc. All worldwide rights reserved.