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Terms and
Conditions
The following Terms and
Conditions govern your use of and access to the MicroArtistry education and
training products related to the application of permanent makeup.
Introduction
Thank you for using the
web-based services and video training provided by Amber Massa doing business as
MicroArtistry (“MicroArtistry”). The
term “Services” as used in herein refers to the products, services, website,
content, databases, software, technologies, and tools delivered by MicroArtistry.
MicroArtistry is
willing to provide the Services on the condition that you accept these Terms and
Conditions (“Terms”). By accessing,
registering for, or using the Services, or by accepting these Terms through an
“I Accept” check-box or similar method, you agree to these Terms. You may also agree to these Terms by
physically or electronically signing an Order (as defined below) that
incorporates these Terms. These Terms
along with any Order form a legally binding agreement between you and MicroArtistry.
Please read these Terms
carefully and, if you wish, print or save a copy for your records. If you do not agree with these Terms, you may
not access or use the Services.
Age/Legality/Insurance
By entering into these
Terms, you represent that 1) you are at least 18 years of age and therefore have
the legal capacity to accept these Terms and place an Order, 2) you are legally
able to apply permanent make-up in the jurisdiction where you offer your services
and 3) you maintain professional liability insurance insuring the services you
perform.
Orders
You
may gain access to the Services through your acceptance of these Terms and
payment of the access fees (an “Order”). The Order will specify the costs to access the
Service, how long you are authorized to access the Service, and any other terms
not specifically stated herein. In the
event of a conflict between these Terms and the terms of an Order, these Terms
shall control.
Changes to the Services
MicroArtistry
may, with or without notice, add features to the Services, or change or remove
features of the Services, at any time.
Your Account
To use the Services,
you will need a MicroArtistry username and password. Certain Services may also require additional
login information.
Your account is for
your personal use only. You may not
authorize others to use your account, and you may not assign or transfer your
account to any other person or party.
You must keep your
username and password confidential. You
are responsible for all activities, charges, and liabilities associated with
your account. You agree to immediately
notify MicroArtistry of any unauthorized use of your account of which you are
aware.
Your Use of the
Services
The beginning date and
the expiration date for your subscription to use the Services will specified in
your Order (the “Subscription Period”). During
your Subscription Period, MicroArtistry grants you a limited, non-exclusive,
non-transferable license only to access and to use the Services for the
Permitted Use (as defined below). You
may not use the Services for any other purpose.
“Permitted Use” means
your personal noncommercial use of the Services to extend your knowledge
regarding the application of permanent makeup.
You shall provide, at
your own expense, suitable equipment, software, and internet access as
necessary to access and use the Services.
Neither the Services
nor any portion thereof may be displayed, copied, downloaded, sold, resold,
used, distributed, or otherwise exploited for any commercial purpose without MicroArtistry’s
prior written consent. You may not frame
or utilize framing techniques to enclose any Mark (defined below) or other
proprietary information (including images, text, page layout and form) of MicroArtistry
without MicroArtistry’s prior written consent. You may not use any meta tags or any other
"hidden text" using MicroArtistry's Marks without MicroArtistry’s
prior written consent. Any unauthorized
use by you of MicroArtistry’s Marks or other intellectual property
automatically terminates the license granted by MicroArtistry under these Terms
and your right to use the Services.
Copyright / Intellectual
Property Rights
MicroArtistry owns and
retains all right, title, and interest in and to the Services, all underlying
technology used with or otherwise enabling the Services, and all software
available within the Services (collectively, “MicroArtistry Materials”),
including all associated trademarks, copyrights, and other intellectual
property rights. Nothing in these Terms
transfers any such rights, title, or interest to you or any other user, and MicroArtistry
reserves all rights not expressly granted to you. All software and apps provided to you under
these Terms are licensed for the Subscription Period and are not sold.
You agree not to
remove, conceal, or alter any proprietary rights notices (including copyright
and trademark notices) contained within the MicroArtistry Materials. You may
not (and you may not permit anyone else to) extract, copy, modify, reverse
engineer, decompile, or otherwise attempt to access or use the Services or the source
code of the underlying software used to provide the Services.
All trademarks, service
marks, trade names, logos, and graphics included within the Services
("Marks") are trademarks of MicroArtistry and its licensors. You may
not use any Marks without the prior written consent of MicroArtistry.
You agree that any
breach of your obligations with respect to MicroArtistry's proprietary or
intellectual property rights will result in irreparable injury to MicroArtistry
for which money damages are inadequate, and you therefore agree that MicroArtistry
shall be entitled to seek injunctive relief to address such breach, without the
requirement of posting a bond, in addition to any other relief that a court may
deem proper.
Access Fees
Unless otherwise
specified in the applicable Order, all fees are payable in U.S. dollars. All fees paid are nonrefundable and
non-creditable.
Unless another form of
payment is specified in the Order, MicroArtistry will bill your credit card
(for purposes of these Terms, the term “credit card” includes a credit card or
a debit card) for all applicable fees in advance of Service delivery. You shall provide MicroArtistry with accurate
and complete billing information, including your name, address, telephone
number, and valid credit card information, and shall promptly notify MicroArtistry
of any changes in that information. You acknowledge that the agreement between
you and the applicable credit card issuer governs use of your credit card for
payment of amounts owed to MicroArtistry, including your rights and obligations
as a holder of that card.
MicroArtistry will
disclose the applicable payment options at the time you place your Order. You shall select a payment method to pay MicroArtistry
for providing the Services. MicroArtistry
or MicroArtistry's billing agent may charge your payment method for all amounts
due to MicroArtistry without additional notice or consent unless otherwise
required by law.
Except for taxes based
on MicroArtistry’s net income, if any authority imposes a tax, duty, levy, or
fee upon your use of or Orders for the Services, you shall pay that amount as
specified in the Order or MicroArtistry’s invoice or supply MicroArtistry with
exemption documentation. You are also
responsible for paying all administrative fees (such as PayPal fees) associated
with the Services and any transactions you entered into in connection with the
Services.
If MicroArtistry does
not receive payment from your credit card issuer, upon demand you shall pay all
overdue amounts by other means acceptable to MicroArtistry. MicroArtistry may accept other forms of
payment, and if MicroArtistry invoices you for the Services, you shall pay to MicroArtistry
the amount indicated in each invoice by the due date reflected on the invoice.
If you believe that a
billing discrepancy has occurred, unless you notify MicroArtistry in writing
within 60 days after the date on which that discrepancy first appeared on your
credit card account statement or invoice, as applicable, you waive your right
to claim that discrepancy.
Service purchases and
subscriptions are nonreturnable and cannot be exchanged. Until your Service is terminated, you will
continue to accrue charges for which you remain liable, even if you do not use
the Service.
If you fail to pay
according to these Terms, MicroArtistry may, without prejudice to its other
rights and remedies: (1) charge interest on any unpaid amounts on a daily basis
from the original due date at the rate of the lesser of 1.5% per month or the
maximum amount permissible by law, (2) suspend or terminate your use and/or
access to the Services, or both (1) and (2). You shall reimburse MicroArtistry for all
reasonable expenses MicroArtistry incurs in collecting past due amounts,
including wire transfer fees, collection agency fees, reasonable attorney’s
fees, and court costs. MicroArtistry may
charge a fee for reinstatement of suspended or terminated accounts.
In addition, if you
fail to pay according to these Terms, unless otherwise prohibited by applicable
law, you consent and agree that MicroArtistry or its designated third party
collection agency may contact you by: (1) phone at one or more of your
telephone numbers, including your wireless telephone numbers (in which case you
might incur wireless telephone charges under your wireless device plan), (2)
text messages (in which case you might incur message and data charges under
your wireless device plan) or emails, and/or (3) any other method of contact,
including pre-recorded and/or artificial voice messages or an automatic dialing
device. MicroArtistry may from time to
time offer Service promotions and discounts for which you may be eligible,
including promotions available for a limited time. Unless otherwise specifically noted, Service
promotional offers and discounts apply to first-time purchasers only. Separate terms and conditions may apply to
promotional offers and discounts.
General Practices and
Acceptable Use of the Services
MicroArtistry may
establish general practices and limits applicable to your use of the Services,
(and the maximum duration for which) you are allowed to access the Service in a
given period of time. MicroArtistry may,
with or without notice, suspend or terminate user accounts for which applicable
fees are unpaid or in the event of a violation of these Terms. MicroArtistry may, with or without notice,
establish and change these general practices and limits at any time.
You may only access the
Services and related Content through the interface provided by MicroArtistry
and for lawful purposes. You represent,
warrant, and agree that you will not:
1.
Use the Services to commit a criminal
offense or to encourage conduct that would constitute a criminal offense or
give rise to any third-party claim, or otherwise violate any local, state,
federal, or international law or regulation, including export control laws and
regulations;
2.
Upload, post, or otherwise transmit any
unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene,
pornographic, profane, deceptive, or otherwise objectionable Content;
3.
Upload, post, or otherwise transmit
through, to or otherwise using the Services any Content that infringes or
violates any intellectual property right, publicity right, privacy right, or
other right of any third party;
4.
Upload, post, or otherwise transmit
through, to or otherwise using the Services any Content that contains any
malware, viruses, spyware, worms, or other malicious code or files;
5.
Disrupt the normal flow of communication
in the Services or otherwise act in a manner that negatively affects any other
users’ ability to use or benefit from the Services;
6.
Interfere with or disrupt the Services or
servers or networks connected to the Services, or violate any requirements,
procedures, policies, or regulations of networks connected to the Services;
7.
Access (or attempt to access) any part of
the Services or Content through any automated means (including use of scrapers,
scripts, robots, spiders, or web crawlers), or in any way circumvent the
navigational structure or presentation of the Services;
8.
Use the Services for any phishing, trolling,
or similar activities, or to redirect users to other sites or encourage users
to visit other sites; or to harvest or collect email addresses or other contact
information of other users of the Services by automated or other means;
9.
Impersonate or attempt to impersonate MicroArtistry
or a MicroArtistry employee, another user, or any other person or entity, or
post any information that misrepresents the identity, characteristics or
qualifications of you or any other person, including the use of a pseudonym, or
misrepresenting current or previous positions, qualifications or affiliations
with a person or entity, past or present;
10.
Frame or mirror any part of the Services;
11.
Use metatags or code or other devices
containing any reference to MicroArtistry or the Services in order to direct
any person to any other website or services for any purpose;
12.
Use the Services in a manner contrary to
the educational purpose of the Services; or
13.
Otherwise use the Services in violation
of these Terms.
Digital Rights
Management
A Service might contain
or be accompanied by digital rights management technology or similar security
technology designed to protect digital information against piracy and other
misuse. You acknowledge that any such
technology is not a defect in the Service. While accessing the Services, your
internet-accessible device may be directly connected to an internet site
operated by or on behalf of MicroArtistry in order to upgrade that security
technology. You hereby consent to the
use and automatic upgrading of that security technology. You shall not circumvent, reverse-engineer,
decompile, disassemble, or otherwise tamper with the security technology
contained in or accompanying any Service.
Disclaimer of
Warranties
The Services and MicroArtistry
Materials are provided by MicroArtistry on an "as is" and "as
available" basis. MicroArtistry makes
no representations or warranties of any kind, express or implied, as to the
Services, MicroArtistry Materials, or other information, content or materials
made available through the Services. You
agree that your use of the Services and MicroArtistry Materials is at your sole
risk. The Services and MicroArtistry
Materials could include inaccuracies or typographical errors. Advice received via the Services and MicroArtistry
Materials is informational only, does not constitute medical, legal, financial,
career, or other professional advice, and should not be relied upon for
personal, medical, legal, career, or financial decisions. You should consult an appropriate professional
for specific advice tailored to your situation. MicroArtistry does not warrant or make any
representations regarding the use of or the result of the use of any Services
or the MicroArtistry Materials in terms of their correctness, accuracy,
reliability, or otherwise.
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, MICROARTISTRY DISCLAIMS ALL WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICROARTISTRY DOES NOT WARRANT THAT THE
SERVICES OR THE MICROARTISTRY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR MICROARTISTRY MATERIALS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
Neither MicroArtistry
nor its suppliers, nor their respective directors, employees, officers, or
representatives will be liable for any damages of any kind arising from the use
of or inability to use the Services or MicroArtistry Materials but not limited
to, any direct, indirect, incidental, special, consequential, exemplary, or
punitive damages, or any lost profits, lost data, or loss of revenue. Without limiting the foregoing, MicroArtistry’s
total liability will at all times be limited to the fees you have paid to MicroArtistry
for the Services within the past 30-day period. The limitations in this paragraph shall apply
to the extent permitted by applicable law.
You agree that MicroArtistry
is in no way responsible or liable for your performance of and application of
permanent makeup for your clients or other third parties.
Indemnification
YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS MICROARTISTRY, ITS AFFILIATES AND SUPPLIERS, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL
DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES,
INCLUDING ATTORNEYS’ FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT
OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES OR MICROARTISTRY
MATERIALS; ANY CLAIMS RELATED TO YOUR APPLICATION OF PERMANENT MAKEUP; OR YOUR
VIOLATION OF ANY OF THESE TERMS. This paragraph shall survive any expiration or
termination of these Terms.
Internet Links
Some links within the
Services may lead to websites controlled by third parties. Because MicroArtistry has no control over
these websites, MicroArtistry is not responsible for such websites’ content or
accessibility via the internet and does not endorse products, services, or
information provided by such websites. MicroArtistry
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with, use or reliance
on any content, goods, or services available on or through any other website. Further, the inclusion of these links does not
imply that there is any relationship between MicroArtistry and the linked
websites. Reference to other companies
does not imply any partnership, joint venture, or other legal connection where MicroArtistry
would be responsible for the actions of their respective owners.
Privacy and Your
Information
Visit www.MicroArtistryonline.com/privacy for MicroArtistry’s
Privacy Notice.
Termination
You agree that MicroArtistry
may terminate, suspend, or block your use of all or part of the Services,
without liability or refund, if in MicroArtistry’s sole determination you have
breached these Terms. You agree that
upon termination of your participation in the Services for any reason, MicroArtistry
may delete all information related to you on or within the Services and may
prevent your continued access to and use of the Services.
In order to protect the
integrity of the Services, MicroArtistry reserves the right at any time in its
sole discretion to block users from certain IP addresses from accessing the
Services.
Feedback
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information submitted to MicroArtistry relating to modifying or improving the
Services (“Feedback”), whether solicited or unsolicited, are non-confidential. MicroArtistry may use Feedback for any
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You grant to MicroArtistry a
worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable,
sublicensable license to use Feedback, and in the event perpetual license terms
are not allowed by law, the term shall be for the longest period as allowed by
applicable law.
Changes to These Terms
MicroArtistry may
change these Terms from time to time. When these changes are made, MicroArtistry
will make a new copy of these Terms available through the Services. You understand and agree that your use of the
Services after the date on which these Terms have changed constitutes
acceptance of the updated Terms.
Miscellaneous
All disputes arising
out of or relating to these Terms, including all intellectual property issues
and your rights and obligations, shall be governed by the laws of the State of
California, without regard to any conflicts of laws and shall be subject to
exclusive jurisdiction of the Santa Clara County Superior Court. Each party waives any objection to the
identified venue or jurisdiction:
These Terms are
personal to you and you may not assign your rights or obligations under these
Terms to anyone. If any provision of these Terms is invalid or unenforceable
under applicable law, the remaining provisions will continue in full force and
effect. MicroArtistry may assign its
rights and obligations, or these Terms, in whole or in part.
The failure of MicroArtistry
to exercise or enforce any right or provision of these Terms does not
constitute a waiver of such right or provision. No waiver of any term of these Terms by MicroArtistry
shall be deemed a further or continuing waiver of such term or any other term.
You and MicroArtistry
acknowledge and agree that no partnership, agency, joint venture, or employment
relationship is formed between you and MicroArtistry by your use of the
Services, and neither you nor MicroArtistry have the power or the authority to
obligate or bind the other.
MicroArtistry shall not
be liable for any failure or delay in the performance of its obligations due to
causes beyond its reasonable control, including but not limited to, war,
terrorism, sabotage, insurrection, riot or other act of civil disobedience,
strikes or other labor shortages, act of any government affecting the terms
hereof, accident, fire, explosion, flood, hurricane, severe weather or other
disaster.
These Terms along with
any applicable Order and Supplemental Terms constitute the entire understanding
between the parties pertaining to their subject matter, and any prior or other
contemporaneous written or oral agreements between the parties are expressly
superseded.
Any FAQs or similar
documents included in or associated with the Services are for informational
purposes only and are not deemed to be part of these Terms.
If MicroArtistry
provides a translation of the English language version of these Terms, the
translation is provided solely for convenience, and the English version shall
prevail.
When the term
“including” is used in these Terms, it shall be interpreted to mean “including,
without limitation,”, so that the items after the term “including” are
understood to be illustrative only and not a complete list.
Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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