TERMS OF SERVICE

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 08/01/2022.

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Beautiful You By Kate, also known as, "we", "us", or "our", located at 7590 Colbert Dr, Reno, Nevada 89511 and our subsidiaries and affiliates, in association with the use of the website, which includes www.beautifulyoubykate.com, (the "Site") and its Services, which shall be defined below. 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is a semi-permanent cosmetics website which has the following description:

 

Beautiful You By Kate provides semi-permanent makeup services, such as, Microblading, Eyebrows, Lips, Eyeliner (also known as Micropigmentation), Eyebrows Tattoo Removal and Facial Microneedling services.

 

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member."

 

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Beautiful You By Kate. At its discretion, Beautiful You By Kate may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Beautiful You By Kate does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Beautiful You By Kate shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

 

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Beautiful You By Kate shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. 

 

REGISTRATION

 

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving 's Services under the laws and statutes of the United States or other applicable jurisdiction.

 

When you register, may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with and sign in to our Services, you are no longer anonymous to us.

 

Furthermore, the registering party hereby acknowledges, understands and agrees to:

 

  a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

 

  b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Beautiful You By Katewill have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Beautiful You By Kate Services, or any portion thereof. 

 

PRIVACY POLICY

 

Every member's registration data and various other personal information are strictly protected by the Beautiful You By Kate Online Privacy Policy (see the full Privacy Policy at https://www.beautifulyoubykate.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Beautiful You By Kate and/or our subsidiaries and affiliates. 

 

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

 

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Beautiful You By Kate immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Beautiful You By Kate shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS. 

CONDUCT

 

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by . 

 

Furthermore, you herein agree not to make use of Beautiful You By Kate's Services for the purpose of:

 

  a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive,           harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise           objectionable;

 

  b) causing harm to minors in any manner whatsoever;

 

  c) impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or falsely stating or otherwise                       misrepresenting any affiliation with an individual or entity;

 

  d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any                       contractual or fiduciary relationship with;

 

  e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any               other proprietary or intellectual rights of any other party;

 

  f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or           in  accordance with any contractual or fiduciary relationship;

 

  g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or       any other form of solicitation, except in any such areas that may have been designated for such purpose;

 

  h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files                   and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or                                     telecommunication  equipment;

 

  i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any          real time interactions;

 

  j) interfering with or disrupting any Beautiful You By Kate Services, servers and/or networks that may be connected or related to our website, including,      but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

  k) "stalking" or with the intent to otherwise harass another individual; and/or 

 

  l) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which               have been set forth in the aforementioned paragraphs.

 

Beautiful You By Kate herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. 

 

Beautiful You By Kate herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

 

  a) compliance with any legal process;

 

  b) enforcement of the TOS;

 

  c) responding to any claim that therein contained content is in violation of the rights of any third party;

 

  d) responding to requests for customer service; or

 

  e) protecting the rights, property or the personal safety of Beautiful You By Kate, its visitors, users and members, including the general public.

 

Beautiful You By Kate herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Beautiful You By Kate or any other content providers supplying content services to Beautiful You By Kate. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

INDEMNITY

 

All users and/or members herein agree to insure and hold Beautiful You By Kate, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of   Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

 

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.

 

USE AND STORAGE GENERAL PRACTICES

 

You herein acknowledge that Beautiful You By Kate may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Beautiful You By Kate, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Beautiful You By Kate's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.  In addition, you also agree that Beautiful You By Kate has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Beautiful You By Kate shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

 

MODIFICATIONS

 

Beautiful You By Kate shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

 

TERMINATION

 

As a member of www.beautifulyoubykate.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to kathepadoza@gmail.com.

 

As a member, you agree that Beautiful You By Kate may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

 

  a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;

 

  b) by way of requests from law enforcement or any other governmental agencies;

 

  c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

 

  d) unexpected technical or security issues and/or problems;

 

  e) any extended periods of inactivity;

 

  f) any engagement by you in any fraudulent or illegal activities; and/or

 

  g) the nonpayment of any associated fees that may be owed by you in connection with your www.beautifulyoubykate.com account Services.

 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

 

The termination of your account with www.beautifulyoubykate.com shall include any and/or all of the following:

 

  a) the removal of any access to all or part of the Services offered within www.beautifulyoubykate.com;

 

  b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

 

  c) the barring of any further use of all or part of our Services.

 

ADVERTISERS

 

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Beautiful You By Kate shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

 

LINKS

 

Either Beautiful You By Kate or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Beautiful You By Kateshall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

 

PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree that Beautiful You By Kate's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Beautiful You By Kate or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Beautiful You By Kate Services (e.g. Content or Software), in whole or part.

 

Beautiful You By Kate herein has granted you personal, non-transferable and non-exclusive rights to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Beautiful You By Kate for use in accessing our Services.

 

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

  a) THE USE OF BEAUTIFUL YOU BY KATE SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS         AVAILABLE" BASIS. BEAUTIFUL YOU BY KATE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS       EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY               IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

  b) BEAUTIFUL YOU BY KATE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES       THAT (i) BEAUTIFUL YOU BY KATE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) BEAUTIFUL YOU BY KATE SERVICES SHALL BE                                   UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BEAUTIFUL             YOU BY KATE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL       WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH                   ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

 

  c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BEAUTIFUL YOU BY KATE SERVICES OR SOFTWARE             SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY                   WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,               DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION         OR MATERIAL.

 

  d) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT                         PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS             MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY       PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE                     CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION,           EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BEAUTIFUL YOU BY KATE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

  a) THE USE OR INABILITY TO USE OUR SERVICE; 

 

  b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

 

  c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; 

 

  d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; 

 

 e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

 

In the event you have a dispute, you agree to release Beautiful You By Kate (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of the Beautiful You By Kate trademarks, copyright, trade name, service marks, and other Beautiful You By Kate logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Beautiful You By Kate. You herein agree not to display and/or use in any manner the Beautiful You By Kate logo or marks without obtaining Beautiful You By Kate's prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

 

Beautiful You By Kate will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Beautiful You By Kate may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT 

This TOS constitutes the entire agreement between you and Beautiful You By Kate and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Beautiful You By Kate Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Beautiful You By Kate Services, affiliate Services, third-party content or third-party software.

 

You agree that these Terms and Conditions describes the entire agreement between us with respect to its subject matter. Beautifulyoubykate.com was created and is operated under the laws of the State of Nevada. The laws of the State of Nevada will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to Beautifulyoubykate.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.

VIOLATIONS

 

Please report any and all violations of this TOS to Beautiful You By Kate as follows:

 

Mailing Address:

Beautiful You By Kate

7590 Colbert Dr

Reno, Nevada 89511

 

Telephone: +1 (775) 750-1781

            

Email:       kathepadoza@gmail.com