Clausney.com is a copyrighted work belonging to Clausney
Beauty World. Certain features of the Site may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection
with such features.
All such additional terms, guidelines, and rules are incorporated by
reference into these Terms.
oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING
COMPLIANT THAT THESE TERMS and you represent that you have the authority and
capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE
TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS,
DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual
basis to resolve disputes and also limit the remedies available to you in the
event of a dispute.
For you to use the Site, you have to
start an account and provide information about yourself. You warrant that: (a)
all required registration information you submit is truthful, up-to-date and
accurate; (b) you will maintain the accuracy of such information. You may
delete your Account at any time by following the instructions on the
Site. Company may suspend or terminate your Account in accordance with
You are responsible for
maintaining the confidentiality of your Account login information and are fully
responsible for all activities that occur under your Account. You approve to
immediately notify the Clausney Beauty World of any unauthorized use, or suspected
unauthorized use of your Account. Clausney Beauty World cannot and will
not be liable for any loss or damage arising from your failure to comply with
the above requirements.
Access to the Site
Subject to these Terms.
Clausney Beauty World grants
you a non-transferable, non-exclusive, revocable, limited license to access the
Site solely for your own personal, noncommercial use.
The rights approved to you in
these Terms are subject to the following restrictions: (a) you shall not sell,
rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site; (b) you shall not change, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Site; (c) you
shall not access the Site in order to build a similar or competitive website;
and (d) except as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on
the Site must be retained on all copies thereof.
Clausney Beauty World reserves the right to change, suspend, or cease the
Site with or without notice to you. You approved that Clausney Beauty
World will not be held liable to you or any third-party for any change,
interruption, or termination of the Site or any part.
No Support or Maintenance.
You agree that Clausney
Beauty World will have no obligation to provide you with any support in
connection with the Site.
Excluding any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks, and
trade secrets, in the Site and its content are owned by Clausney Beauty World.
Note that these Terms and access to the Site do not give you any rights, title
or interest in or to any intellectual property rights, except for the limited
access rights expressed in Section 2.1. Clausney Beauty World and its suppliers
reserve all rights not granted in these Terms.
“User Content” means any and all
information and content that a user submits to the Site. You are exclusively
responsible for your User Content. You bear all risks associated with the use
of your User Content. You hereby certify that your User Content does not
violate our Acceptable Use Policy. You may not represent or imply to
others that your User Content is in any way provided, sponsored or endorsed by Clausney
Beauty World. Because you alone are responsible for your User Content, you may
expose yourself to liability. Clausney Beauty World is not obliged to backup
any User Content that you post; also, your User Content may be deleted at any
time without prior notice to you. You are solely responsible for making your
own backup copies of your User Content if you desire.
You hereby grant to Clausney Beauty World an irreversible, nonexclusive,
royalty-free and fully-paid, worldwide license to reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate into
other works, and otherwise use and exploit your User Content, and to grant
sublicenses of the foregoing rights, solely for the purposes of including your
User Content on the Site. You hereby irreversibly waive any claims and
assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy.
The following terms constitute
our “Acceptable Use Policy”: You agree not to use the Site to collect, upload,
transmit, display, or distribute any User Content (i) that violates any
third-party right or any intellectual property or proprietary right; (ii) that
is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of
another’s privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive, promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual; (iii)
that is harmful to minors in any way; or (iv) that is in violation of any law,
regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any software intended to damage or alter a computer system or
data; (ii) send through the Site unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages; (iii) use the Site to
harvest, collect, gather or assemble information or data regarding other users
without their consent; (iv) interfere with, disrupt, or create an undue burden
on servers or networks connected to the Site, or violate the regulations,
policies or procedures of such networks; (v) attempt to gain unauthorized access
to the Site, whether through password mining or any other means; (vi) harass or
interfere with any other user’s use and enjoyment of the Site; or (vi) use
software or automated agents or scripts to produce multiple accounts on the
Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or
take appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy or any other provision of these Terms or otherwise create
liability for us or any other person. Such action may include removing or
modifying your User Content, terminating your Account in accordance with
Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site,
you hereby assign to Company all rights in such Feedback and agree that Company
shall have the right to use and fully exploit such Feedback and related
information in any manner it believes appropriate. Company will treat any
Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and
agents harmless, including costs and attorneys’ fees, from any claim or demand
made by any third-party due to or arising out of (a) your use of the Site, (b)
your violation of these Terms, (c) your violation of applicable laws or
regulations or (d) your User Content. Company reserves the right to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written
consent of Company. Company will use reasonable efforts to notify you of
any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads.
The Site may contain
links to third-party websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the control
of Company, and Company is not responsible for any Third-Party Links &
Ads. Company provides access to these Third-Party Links & Ads only as
a convenience to you, and does not review, approve, monitor, endorse, warrant,
or make any representations with respect to Third-Party Links & Ads.
You use all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering
Each Site user is solely responsible for
any and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that Company
will not be responsible for any loss or damage incurred as the result of any
such interactions. If there is a dispute between you and any Site user,
we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers,
employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature, that has arisen or arises directly or indirectly out
of, or that relates directly or indirectly to, the Site. If you are a
California resident, you hereby waive California civil code section 1542 in
connection with the foregoing, which states: “a general release does not extend
to claims which the creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons.
Like any other
website, Website Name uses ‘cookies’. These cookies are used to store
information including visitors’ preferences, and the pages on the website that
the visitor accessed or visited. The information is used to optimize the users’
experience by customizing our web page content based on visitors’ browser type
and/or other information.
Google DoubleClick DART Cookie.
Google is one of a
serve ads to our site visitors based upon their visit to www.website.com and
other sites on the internet. However, visitors may choose to decline the use of
the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners.
Some of advertisers on our
policies on user data. For easier access, we hyperlinked to their Privacy
The site is provided on an “as-is” and “as available” basis, and company and
our suppliers expressly disclaim any and all warranties and conditions of any
kind, whether express, implied, or statutory, including all warranties or
conditions of merchantability, fitness for a particular purpose, title, quiet
enjoyment, accuracy, or non-infringement. We and our suppliers make not
guarantee that the site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable,
free of viruses or other harmful code, complete, legal, or safe. If
applicable law requires any warranties with respect to the site, all such
warranties are limited in duration to ninety (90) days from the date of first
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitation may
not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our
suppliers be liable to you or any third-party for any lost profits, lost data,
costs of procurement of substitute products, or any indirect, consequential,
exemplary, incidental, special or punitive damages arising from or relating to
these terms or your use of, or incapability to use the site even if company has
been advised of the possibility of such damages. Access to and use of the
site is at your own discretion and risk, and you will be solely responsible for
any damage to your device or computer system, or loss of data resulting
To the maximum extent permitted by law, notwithstanding anything to the
contrary contained herein, our liability to you for any damages arising from or
related to this agreement, will at all times be limited to a maximum of fifty
U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge
this limit. You agree that our suppliers will have no liability of any
kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Term and Termination.
Subject to this Section, these
Terms will remain in full force and effect while you use the Site. We may
suspend or terminate your rights to use the Site at any time for any reason at
our sole discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your Account
and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases. Company
will not have any liability whatsoever to you for any termination of your
rights under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of
our Site do the same. In connection with our Site, we have adopted and
implemented a policy respecting copyright law that provides for the removal of
any infringing materials and for the termination of users of our online Site
who are repeated infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use of
our Site, unlawfully infringing the copyright(s) in a work, and wish to have
the allegedly infringing material removed, the following information in the
form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:
physical or electronic signature;
of the copyrighted work(s) that you claim to have been infringed;
of the material on our services that you claim is infringing and that you
request us to remove;
information to permit us to locate such material;
address, telephone number, and e-mail address;
statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the
- a statement
that the information in the notification is accurate, and under penalty of
perjury, that you are either the owner of the copyright that has allegedly
been infringed or that you are authorized to act on behalf of the
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of
material fact in a written notification automatically subjects the complaining
party to liability for any damages, costs and attorney’s fees incurred by us in
connection with the written notification and allegation of copyright
These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last
e-mail address you provided to us and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most
current e-mail address. In the event that the last e-mail address that
you have provided us is not valid our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in
the notice. Any changes to these Terms will be effective upon the
earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of
the changes on our Site. These changes will be effective immediately for
new users of our Site. Continued use of our Site following notice of such
changes shall indicate your acknowledgment of such changes and agreement to be
bound by the terms and conditions of such changes. Dispute Resolution. Please
read this Arbitration Agreement carefully. It is part of your contract with Clausney
Beauty World and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement.
All claims and
disputes in connection with the Terms or the use of any product or service
provided by the Company that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis under the
terms of this Arbitration Agreement. Unless otherwise agreed to, all
arbitration proceedings shall be held in English. This Arbitration
Agreement applies to you and the Company, and to any subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and assigns, as well
as all authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms.
Notice Requirement and Informal Dispute Resolution.
either party may seek arbitration, the party must first send to the other party
a written Notice of Dispute describing the nature and basis of the claim or
dispute and the requested relief. A Notice to the Company should be sent
to Clausney Beauty World. After the Notice is received, you and the Company may
attempt to resolve the claim or dispute informally. If you and the
Company do not resolve the claim or dispute within thirty (30) days after the
Notice is received, either party may begin an arbitration proceeding. The
amount of any settlement offer made by any party may not be disclosed to the
arbitrator until after the arbitrator has determined the amount of the award to
which either party is entitled.
Additional Rules for Non-Appearance Based Arbitration.
non-appearance based arbitration is elected, the arbitration shall be conducted
by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The
arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
If you or the Company pursues
arbitration, the arbitration action must be initiated and/or demanded within
the statute of limitations and within any deadline imposed under the AAA Rules
for the pertinent claim.
Authority of Arbitrator.
If arbitration is initiated,
the arbitrator will decide the rights and liabilities of you and the Company,
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 AAA 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. 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 the Company.
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 under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less expensive than
rules applicable in a court and are subject to very limited review by a
court. In the event any litigation should arise between you and the
Company in any state or federal court in a suit to vacate or enforce an
arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions.
and disputes within the scope of this arbitration agreement must be arbitrated
or litigated on an individual basis and not on a class basis, and claims of
more than one customer or user cannot be arbitrated or litigated jointly or
consolidated with those of any other customer or user.
All aspects of the arbitration proceeding
shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive.
Any or all of the rights and
limitations set forth in this Arbitration Agreement may be waived by the party
against whom the claim is asserted. Such waiver shall not waive or affect
any other portion of this Arbitration Agreement.
Survival of Agreement.
This Arbitration Agreement will
survive the termination of your relationship with Company.
Small Claims Court.
Nonetheless the foregoing, either
you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief.
Anyhow the foregoing,
either party may seek emergency equitable relief before a state or federal
court in order to maintain the status quo pending arbitration. A request
for interim measures shall not be deemed a waiver of any other rights or
obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration.
foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act,
and infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not to export,
re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California
resident, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Product of the California Department of Consumer Affairs
by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
The communications between
you and Company use electronic means, whether you use the Site or send us
emails, or whether Company posts notices on the Site or communicates with you
via email. For contractual purposes, you (a) consent to receive communications
from Company in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications that
Company provides to you electronically satisfy any legal obligation that such
communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire
agreement between you and us regarding the use of the Site. Our failure to
exercise or enforce any right or provision of these Terms shall not operate as
a waiver of such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word “including”
means “including without limitation”. If any provision of these Terms is held
to be invalid or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed modified
so that it is valid and enforceable to the maximum extent permitted by
law. Your relationship to Company is that of an independent contractor,
and neither party is an agent or partner of the other. These Terms, and
your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company’s prior written
consent, and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may freely
assign these Terms. The terms and conditions set forth in these Terms
shall be binding upon assignees.
Copyright ©. All
rights reserved. All trademarks, logos and service marks displayed on the
Site are our property or the property of other third-parties. You are not
permitted to use these Marks without our prior written consent or the consent
of such third party which may own the Marks.