Terms and Conditions
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:
- 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;
- Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable Content;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- Frame or mirror any part of the Services;
- 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;
- Use the Services in a manner contrary to the educational purpose of the Services; or
- 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.
15. Privacy
