The parties referred to in this Agreement shall be defined as follows:
a) “PREIM Beauty”, “Company”, “us”, “we” refers to PREIM Beauty Inc. as the creator, operator, and publisher of the Website, and “PREIM Beauty”, “Company”, “us”, “we”, “our”, “ours” and other first-person pronouns will refer to PREIM Beauty Inc., as well as all employees and affiliates of PREIM Beauty, Inc.
b) “You, or “User” refers to you, as a passive or active visitor to the Website, or as a User of any of the Services. If you represent any legal entity, such as a company, you warrant that you have all required legal authority to bind that legal entity to this Agreement. In that case, “you” or “User” will refer to the legal entity that you represent.
2. ASSENT AND ACCEPTANCE
By using the Services, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the Website and cease any use of the Services. The Company only agrees to provide use of the Services to you if you assent to this Agreement. We reserve the right to change the Terms and modify, add or discontinue any aspect, content or feature of the Services at any time and without notice to you. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes.
BY USING THE SERVICES, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN GENERAL PROVISIONS BELOW.
3. AGE REQUIREMENT
You must be at least 18 years of age to use the Site. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
During use of the Services, you may enter into correspondence with or participate in promotions of third-party advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
5. LINKS TO OTHER WEBSITES
The Company may display, include, or make available, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Company will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. Recommendations made on the Services are for information and entertainment only. You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume, and will not have any liability or responsibility to you, or to any other person or entity for any Third-Party Materials, including product recommendations made through us or the Services. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk, and subject to such third parties’ terms and conditions.
If a third-party links to our Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third-party has linked to our Services. A website that links to our Services: (i) may link to, but not replicate, our content; (ii) may not create a browser, border environment or frame our content; (iii) may not imply that we are endorsing it or its products; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
7. INTELLECTUAL PROPERTY RIGHTS
You agree that Company and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, including, but not limited to, “PREIM Beauty”, “PREIM” and any other trademarks or service marks found on the Website. The Company’s intellectual property also includes a copyright in the entirety of the underlying Website. You agree that the Company owns all right, title, and interest in, and to, the Company’s intellectual property, and that you will not use the Company’s intellectual property for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company’s intellectual property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
8. REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
Any violations of this clause will be grounds for immediate termination of this Agreement by the Comapny. Additionally, we hereby reserves all rights to pursue any and all legal actions for a violation of this clause, including the seeking of monetary and injunctive relief.
9. GEOGRAPHIC RESTRICTIONS
The Company is based in Canada. We make no claims that the Services or any of its content is accessible or appropriate outside of Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
10. DISCLAIMER OF WARRANTY
You agree that your use of the Services is solely at your own risk. You agree that the Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to you or any person which you are responsible for at law for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Company and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Company for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
12. CLAIM LIMITATION
You agree to indemnify and hold the Company and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website or Services or any willful misconduct on your part, including but not limited to any content you may directly or indirectly upload or publish on or through the Services.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its policies relating the Services at any time, effective upon posting of an updated version of this Agreement on preimbeauty.com. When we do, we will revise the updated date at the top of this page. Continued use of the Services after any such changes shall constitute your consent to such changes.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org.