BeauByte’s products and services are provided by HUGBIT LLC. These Terms and Conditions are a binding contract between you and HUGBIT, LLC. (“BeauByte”, “we”, “us”, “our”).These Terms and Conditions govern your access to and use of the BeauByte Services. Using the Services in any way means that you agree to all of these Terms and Conditions, and these Terms and Conditions will remain in effect while you use the Services. By accessing or using the BEAUBYTE applications (including mobile applications), the BEAUBYTE Services, or any BEAUBYTE websites made available by BEAUBYTE (together, the "Services"), however accessed, you agree to be bound by these Terms and Conditions ("Terms of Use"). The Services are owned and controlled by HUGBIT, LLC (“BeauByte”, “we”, “us”, “our”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services. There may be times when we offer a special feature that has its own Terms of Use that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature dictate if there is a conflict with these Terms of Use. ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BEAUBYTE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. OBJECTIVE

The world of beauty just became easier to navigate. BEAUBYTE gives you the freedom to try-then-buy the hottest beauty products while expressing yourself in an inspiring community. With this invitation-only mobile app, authentic style becomes beautifully rewarding and so much fun. Share your favorite looks with friends, family, and style icons, while racking up points & BeauBuxs for amazing free products and discounts on must-haves in our unique try-then-buy platform. The best part: it’s all about you, and what makes you feel beautiful. Set your own style preferences, then match and share with a community of Hugsters as you influence each other’s looks and preview the latest trends before they take off. Join us as we build a BEAUBYTE movement, one look at a time.

2. DEFINITIONS

1. PARTIES

"You" and "your" refer to you, as a user of the Services.
A "user" is someone who accesses the shop, browses, try-and-buy products, posts, write a review, or in any way uses the Services.
"We", "us", "our" refer to BEAUBYTE.

2. CONTENT

"Content" means text, images, photos and all other forms of data or communication.
"Your Content" means Member Content that you submit or transmit to, through, or in connection with the Services, such as pictures, commentary, ratings, reviews, invitations, messages, and information that you publicly display or are displayed in your account profile.
"User Content" means Content that users submit or transmit to, through, or in connection with the Services.
"BEAUBYTE Content" means Content that we create and make available in connection with the Services.
"Third Party Content" means Content that originates from parties other than BEAUBYTE or its users, which is made available in connection with the Services.
"Site Content" means all of the Content that is made available in connection with the Services, including Your Content, User Content, Third Party Content, and BEAUBYTE Content.

3. OTHER

“Push Notification” means a message, including any content or data therein, that BEAUBYTE transmits to end users and that is delivered via the BEAUBYTE Application.
“BeauBuxs” are virtual currency / virtual money exclusively within the BEAUBYTE mobile-application. (BeauBuxs have no real monetary value and can ONLY be used on BEAUBYTE mobile application.)
“Rank” is a position in the hierarchy of BEAUBYTE’s community.
“Rank Points” are obtained through user actions and participation in activities throughout the application.
"Personal Account" is an account for your personal, non-commercial use only.

3. CHANGES TO THE TERMS OF USE

By accessing or using the Site, Applications or Services, or by posting any Member Content, you acknowledge that you have read, understand and agree to be bound by these Terms.
BEAUBYTE reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services or to modify these Terms, at any time and without prior notice.
When changes are made, we will notify you by making the revised version available on this web page/application, and will indicate at the top of this page the date that revisions were last made.
You should revisit these Terms of Use on a regular basis as revised versions will be binding to you.
Any such modification will be effective upon our posting of new Terms of Use.
You agree that your continued access to, or use of, the Services after any posted modification to the Terms of Use indicates your acceptance of the modification.

4. USING THE SERVICE

1. USER ELIGIBILITY

The Services is a creative and positive platform for you to discover and share information about products you enjoy.
The Services enables you to tag, review and post products you find on the BEAUBYTE application as well as posts you otherwise submit to the Services. For example, you can use the Services to post reviews of your favorite products that you find on BEAUBYTE’S Application.
The Services are designed to allow you to create, assemble and curate online reviews of products you like. Reviews may be displayed publicly, and users of the Services may view and follow other users, and post comments and other materials in response. Before you submit any product images or other Content, make sure you have the necessary rights to grant us all of the licenses as described in this Terms of Use.
The Services is intended solely for Users who are thirteen (13) years of age or older and have the requisite power and authority to enter into these Terms of Use, and any registration, use or access to the Services by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement.
BEAUBYTE may terminate your account or profile, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason or no reason, at any time in BEAUBYTE’s sole discretion, with or without notice, including without limitation if BEAUBYTE believes that you are under 13.
If you are a minor in the jurisdiction in which you reside (e.g. under 18 years of age), you may only use the Services if (a) you either are an emancipated minor or obtain parental or legal guardian consent after review of this Agreement prior to you using any of the Services provided by BEAUBYTE and (b) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services.
You may not access or use the Services if we have previously banned you from the Services or closed your account.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, BEAUBYTE prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.
You also represent that all information you provide or provided to BEAUBYTE upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the mobile number used to register by other BEAUBYTE users.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, and other content or materials (collectively, "Content") that you submit, post or display on or via the Services.
You must not modify or change or alter another website or another mobile application so as to falsely imply that it is associated with the Services and/or with BEAUBYTE.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any BEAUBYTE users.
You must not use domain names or web URLs in your username without prior written consent from BEAUBYTE.
You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any BEAUBYTE page is rendered or displayed in a user's browser or device.
You must comply with BEAUBYTE’s Community Guidelines.
You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use or any other BEAUBYTE terms.
Violation of these Terms of Use may, in BEAUBYTE’S sole discretion, result in termination of your BEAUBYTE account.
You understand and agree that BEAUBYTE cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for BEAUBYTE, we can stop providing all or part of the Services to you.
You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that BEAUBYTE is not responsible or liable for the conduct of any user.
BEAUBYTE reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
You acknowledge and agree that your use of the Services, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under BEAUBYTE’S control or in any way connected to the Services, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials.
We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Services for any reason including, without limitation, if BEAUBYTE deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

2. USER ACCOUNTS

At this time, BEAUBYTE is a mobile application and a mobile phone number is required in order to join BEAUBYTE’S community.
At this time, BEAUBYTE is an invitation only application.
BEAUBYTE will use your mobile phone number to authenticate you as a user of the mobile number and of the device that is to be used to download the BEAUBYTE Application by sending you a text message with a verification code to use at login. (Standard message and data rates may apply).
You must create a personal account and provide certain information about yourself in order to use some of the features that are offered through the Services.
By creating a Personal Account, you agree to provide complete and accurate information about yourself.
You must answer BEAUBYTE’S pop quiz which consists of questions about your hair, skin, and style characteristics. The information provided by you will be used to create your user profile and to personalize your experiences, features and products that are offered to you through the services.
You agree and attest that you will not create multiple user accounts.
You may not impersonate someone else, select or use as a username a name of another person with the intent to impersonate that person.
You may not use someone else’s mobile phone number, email address, shipping address, billing information and/or credit card information.
You may not use, as a username, a name that is otherwise offensive, vulgar or obscene.
If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with BEAUBYTE.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with BEAUBYTE’S express consent).
You acknowledge that BEAUBYTE has no obligation to pre-screen User Content, although BEAUBYTE reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason.
You are responsible for maintaining the confidentiality of your account information.
You are also responsible for all activities that occur in connection with your account.
You agree to notify us immediately of any unauthorized use of your account.
You agree to notify us immediately of any change in your eligibility to use the Services
You agree that you are responsible for all data charges you incur through use of the Services.
We reserve the right to close your account at any time for any or no reason.
We reserve the right to refuse access to the Services to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We reserve the right to modify or deactivate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.
You can deactivate your BEAUBYTE account by going to the “Setting” section under “Personal & Setting” and by selecting “Deactivate Account.” A pop-up confirmation message will appear to confirm your request.
If we deactivate your account to the Services or you deactivate your account, your posts, tags, comments, likes, reviews, friendships, BeauBux, Reward Points, orders history, wish list, and all other data associated with your account will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Services.
If you deactivate your account, all data cannot be retrieved and will be forever gone.
BEAUBYTE may archive information such as order history, products used and other related information pertaining to your account in its sole discretion and as required by law.
Upon deactivation, all licenses and other rights granted to you in these Terms of Use will immediately cease.
Please read our Privacy Policy for more information.

1. U.S. Government Users.

The Services and related documentation are "commercial items" as that term is defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Services and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Services and related documentation will be only those specified in these Terms of Use.

3. RESPONSIBILITY FOR YOUR CONTENT

You represent that you are capable of forming a legally binding contract according to the law applicable to you. Accordingly, you agree that you will be solely responsible to BEAUBYTE for all activities that occur under your account. If you become aware of any unauthorized use of your mobile-phone or of your account, you agree to notify us immediately.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn.
The content that you share to all users is neither private nor confidential and you should not have any expectation of privacy with respect to it.
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by BEAUBYTE.
BEAUBYTE has no control over the conduct of any user and disclaims all liability in this regard.
By submitting Content, you also grant us the right to use your published biographical information in connection with the use or publication of your Content.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

1. CHANGE MOBILE NUMBER OR CHANGE MOBILE DEVICE.

If you would like to install the Application and are having difficulties, please contact the BeauByteCare team.
If you’ve changed your mobile phone number or have a new device please contact the BeauByteCare team.
Just enter the mobile number you used to sign up for BEAUBYTE and we'll send you an email containing instructions to register your account with a new mobile number.

4.In case your mobile has been stolen and you would like to ‘freeze’ your account, please contact the BeauByteCare team.

2. PROFILE SETTINGS.

You can update your name and email address by going to ‘Settings’ and then to ‘Personal & Settings’ section.
You can make your profile private, but if you do so, no one will be able to see your posts and no one will be able to find you when searching through BEAUBYTE community.
In addition, if you make your profile private you won’t be able to earn any BeauBux.

5. OUR RIGHT TO USE YOUR CONTENT.

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media").
As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose.
You also irrevocably grant the users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and any Other Media.
You irrevocably waive, and cause to be waived, against BEAUBYTE and its users any claims and assertions of moral rights or attribution with respect to Your Content.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
When you post, or a user in the community reports your post, your content will go through moderation; we may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

6. OWNERSHIP

As between you and BEAUBYTE, you own Your Content.
You acknowledge that (i) the Services are and will remain the sole property of BEAUBYTE and is subject to protection under U.S. and foreign copyright laws and (ii) all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and content made available through the Services are owned by BEAUBYTE or its licensors or suppliers.
BEAUBYTE does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to BEAUBYTE a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Application, the Services, and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site, the Application or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services
The Content that you post on or through the Services, subject to the Service's Privacy Policy, including but not limited to sharing of your information and how we store your information.
We own the BEAUBYTE Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, brand information, products information, software, aggregate user review ratings, and all other elements and components of the Services excluding Your Content, User Content and Third Party Content.
The Services may contain Content specifically provided by us, our brands, partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
BEAUBYTE also own the copyrights, trademarks, services marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the BEAUBYTE Content and the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the BEAUBYTE Content in whole or in part except as expressly authorized by us.
Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the BEAUBYTE Content are retained by us.
BEAUBYTE’s name, logo, and the product names associated with the Services belong to BEAUBYTE (or its licensors or suppliers, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Neither these Terms of Use nor your access to the Services transfers to you, or any third party, any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms of Use.

7. COMMUNICATIONS FROM BEAUBYTE AND OTHER USERS

By creating an account, you agree to receive certain communications via e-mail, phone, push notification or text message in connection with the Services at any e-mail address or phone number that you may have provided us. For example, you may receive our email newsletter or push notifications about new products, beauty tutorials, new offers, posts and likes, ranks, rewards and mobile updates and/or other matters that may interest you.
You can opt-out of push notification and email notifications in the ‘Settings’ under ‘Notification’.
BEAUBYTE may also place calls, push notifications or texts to:
Notify you regarding your account.
Troubleshoot problems with your account.
Resolve a billing dispute.
Collect a payment.
Notify with tracking information.
Notify with order status.
Refund, cancellation and exchange associated with your account.
Poll your opinions through surveys or questionnaires.
Contact you with offers and promotions.
Or as otherwise necessary to service your account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with you.
Standard telephone minute and text charges may apply.

8. ADVERTISING

BEAUBYTE and its licensees may publicly display advertisements and other information adjacent to or included with Your Content.
The manner, mode and extent of such advertising are subject to change without specific notice to you.
Some of the Services is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that BEAUBYTE may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

9. CONTENT GUIDELINES

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content and you represent that you have read, understand and agree to our Content Guidelines and warrant that:

You acknowledge that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the users and/or brands that provide that Content to BEAUBYTE (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by BEAUBYTE or by the owners of that Content, in writing.
You own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use.
The posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Except as otherwise described in the Service's Privacy Policy, as between you and BEAUBYTE, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.
You acknowledge and agree that your relationship with BEAUBYTE is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place BEAUBYTE in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of BEAUBYTE, and BEAUBYTE will not be liable for any use or disclosure of any Content you provide.
You agree that BEAUBYTE is not responsible for, and does not endorse, Content posted within the Services.
BEAUBYTE does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
The other products listed (with review but not for ‘buy’) are for social purposes so that you can read reviews and find looks or pictures that contain those products.
You agree that you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

1. OTHER

We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines.
We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
You are solely responsible for your interaction with other users of the Services, whether online or offline.
You agree that BEAUBYTE is not responsible or liable for the conduct of any user.
BEAUBYTE reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

10. PERMISSION TO USE THE SERVICE

We grant you permission to use the Services subject to the restrictions in these Terms of Use.
Subject to these Terms of Use, BEAUBYTE grants each user of the Services a worldwide, limited, revocable, non-exclusive, non-sublicensable and non-transferable license solely for purposes of using the Services, and to (i) download and install the Application on compatible devices that you own and control and run such copy (copies) of the Application and (ii) use the other aspects of the Site and Services solely for your private, personal, non-commercial use.
Furthermore, with respect to any Application downloaded through the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an "App Store" and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store's "Usage Rules") (the "Usage Rules"). To the extent these Terms of Use provide for usage rules that are less restrictive than, or otherwise in conflict with, the Usage Rules, the more restrictive term applies. BEAUBYTE and our licensors and suppliers reserve all rights not expressly granted to you in these Terms of Use.
The use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from BEAUBYTE.
You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
BEAUBYTE gives you a personal, revocable, worldwide, non-assignable and non-exclusive right to install and use any downloadable software application(s) or scripts we may make available on the Application for download ("Widgets"). You may not: (i) separate any individual component of any Widget; (ii) incorporate any portion of any Widget into your own programs, or compile any portion of any Widget in combination with your own program(s); or (iii) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license any Widget or otherwise assign any rights to any Widget in whole, or in part, or otherwise use any Widget for commercial purposes.
If we make any Widgets available, you are not entitled to any support, upgrades, patches, enhancements, or fixes, and if we elect to provide support of any kind, we may terminate that support at any time.
You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to any Widget, and not transfer, or encourage, assist, or authorize the transfer of any Widget to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
Your use of the Services is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant to BEAUBYTE a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Services.
You also hereby do and shall grant each user (including any brands that post content to the Services) of the Application and/or the Services a non-exclusive, perpetual license to access your User Content that is available to such user through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to BEAUBYTE and our brands and users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
The Services contains content owned or licensed by BEAUBYTE ("BEAUBYTE Content"). BEAUBYTE Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and BEAUBYTE, BEAUBYTE owns and retains all rights in the BEAUBYTE Content and the Services. You will not remove, alter or conceal any copyright, trademark, services marks or other proprietary rights notices incorporated in or accompanying the BEAUBYTE Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the BEAUBYTE Content.
The BEAUBYTE name and logo are trademarks of BEAUBYTE, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BEAUBYTE. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BEAUBYTE, and may not be copied, imitated or used, in whole or in part, without prior written permission from BEAUBYTE.
BEAUBYTE reserves all rights, title and interest in and to the Services (including any Widgets) not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.
BEAUBYTE reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Services and the mobile-application and to block or prevent your future access to, and use of, the Services and the mobile-application.
The Services is a public platform, and other users of the Services may, and you hereby grant all users of the Service the right to, search for, see, use, and/or re-post any Content that you make publicly available through the Services to the extent permitted by the features and functionalities of the Services.
BEAUBYTE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
Comply with legal process.
Enforce these Terms of Use.
Respond to claims that any Content violates the rights of third parties.
Respond to your requests for customer service.
Protect the rights, property or personal safety of BEAUBYTE (and its employees), its users and the public.

11. AVAILABILITY

The Services or any functions or Content of the site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Although it is BEAUBYTE’S intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Also, BEAUBYTE reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by BEAUBYTE, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
BEAUBYTE encourages you to maintain your own backup of your Content. In other words, BEAUBYTE is not a backup services and you agree that you will not rely on the Services for the purposes of Content backup or storage.
BEAUBYTE will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
BEAUBYTE is not obligated to maintain or support the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that BEAUBYTE may from time to time in its sole discretion issue updates or upgrades to the Services. You agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades.
You agree that BEAUBYTE will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

12. RESTRICTIONS

We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.

1. YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO USE THE SERVICE TO:

1. Violate our Content Guidelines (Section 9 of the Terms of Use).
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by BEAUBYTE.
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not.
Engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography.
Violate any applicable law.

2. YOU ALSO AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:

Violate these Terms of Use.
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Site Content (other than Your Content), except as expressly authorized by BEAUBYTE.
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or any Site Content;
Reverse engineer any portion of the Services.
Frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Services (including images, text, page layout, or form).
Use any metatags or other "hidden text" using BEAUBYTE’S name or trademarks.
Use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in the Application or Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such).
You will not, or enable others to access the Services in order to build a similar or competitive website, product, or services.
You will not, or enable others to copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means.
You will not, or enable others to move or destroy any copyright notices or other proprietary markings contained on or in the Services.
You will not, or enable others to make the functionality of the Application or Site available to multiple users through any means, including, but not limited to distribution of the Application or Site by uploading the Application or Site to a network or file-sharing service or through any hosting, application services provider or any other type of service.
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the Services;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on BEAUBYTE’S technology infrastructure or otherwise make excessive traffic demands of the Services;
Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
Use the Services or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services;
Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Services.
You will comply with any technical restrictions in the Application that allows you to use the Application only in certain ways. Any unauthorized use of the Services terminates the licenses granted by BEAUBYTE pursuant to these Terms of Use.
You shall not, or enable others, to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
You shall not, or enable others, to interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
You shall not, or enable others, to bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
You shall not, or enable others, to run any form of auto-responder or "spam" on the Services.
You shall not, or enable others, to use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Application.
You shall not, or enable others, to harvest or scrape any Content from the Services or otherwise take any action in violation of BEAUBYTE’S guidelines and policies.

13. PURCHASE CONDITIONS

1. SHOPPING BAG

You can order quickly and easily through the BEAUBYTE mobile-application.
BEAUBYTE currently only sells products through the BEAUBYTE application, which consists of a collection of the brands we think you'll love.
We encourage you to discover new products through sampling; to try products, simply click on the TRY button on the screen of the product you wish to try.
You can only try products once.
You can only place TRY orders as applicable per the limits of your Rank. (Please review BEAUBYTE’s ‘Rewards Program’ - section 14 of the Terms of Use).
After you’ve tried the products, we encourage you to BUY the products by simply clicking on BUY button on the screen of the product(s) you wish to buy.
You must be at least 13 years of age with a valid credit card to make an online purchase.

2. PAYMENT INFORMATION

We use a third-party payment processor (the "Payment Processor") to allow you to pay for products purchased through the Services.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement.
We are not responsible for error by the Payment Processor.
By choosing to purchase goods through the Services, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms, and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider ("Payment Method").
Such charges for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination.
You agree to make payments using that selected Payment Method.
We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received your payment.
You acknowledge and agree that your purchases through the Services are transactions between you and BEAUBYTE and not with any of our brands and/or affiliates.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, via the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your applicable purchases upon demand.
You can store one credit card to use for your BEAUBYTE purchases.
There are many ways to pay for your order. We currently accept the following methods:

Visa
Debit Card
MasterCard
American Express
Debit Card (with Visa/ Master Card logo?)
Discover

BEAUBYTE Does not accept personal checks or money orders as a form of payment for online orders.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER ACCOUNT OR MOBILE PHONE.

1. Pay with Credit Cards

We currently accept Visa, MasterCard, American Express, and Discover.
When your credit card is authorized, funds are put on hold until the transaction is completed. When the order is shipped, the payment is processed.
Your billing zip code information must be exactly as it appears on your credit card statement.
If any numbers are different, the order cannot be processed.
Contact your financial institution if you need the exact billing address associated with your credit card.
We regret that we cannot accept prepaid credit cards at this time.
Credit cards from other countries cannot be used.
For your security, BEAUBYTE requires you to enter your 3- or 4-digit card identification security codes (CVV). See below for help with credit card identification numbers.

Visa/MC/Discover Card Customers: Your Security Code/CVV (Card Identification Number) is in the signature area on the back of the card (it is the last 3 digits AFTER the credit card account number). Visa/MC/Discover customer CVVs are 3 digits. American Express Customers: Your Security Code/CVV (Card Identification Number) is a 4-digit number on the front of the card, ABOVE the embossed (raised) credit card account number. American Express customer CVVs are 4 digits.

2. Pay with Debit Cards

The amount of your order is held on your debit card and the debit card owner does not have access to these funds until the hold is taken off. Holds usually last 3 - 5 business days and may vary with your financial institution.
Holds are usually taken off within 3 - 5 business days. Policies differ from bank to bank. Call your financial institution for more details.
We regret to inform we cannot accept prepaid debit cards at this time.

3. Pay with BeauBux

You may also be eligible to earn BeauBux, which are BEAUBYTE’S virtual currency.
You can earn BeauBux by inspiring other users to buy products that were featured in your post. .
You earn BeauBux by creating posts and tagging products you have tried. When you influence others to buy from your post, you earn 10% from the pre-tax amount of the product in BeauBux.
BeauBux are like cash to exclusively use within the BEAUBYTE mobile application towards any products.
BeauBux will be applied in your BeauBank when the products that you inspired others to purchase has been shipped to that user.
BeauBux are divided equally to each user(s) who inspired the purchase. For example: $5 BeauBux earned due to 5 users who were inspired by the post/review, then, $1 BeauBux will be equally divided among all who inspired.
We offer all users the ability to pay for purchases on BEAUBYTE using your BeauBux the same way you would use any other method of payment.
BeauBux will be automatically applied to your purchases. You can uncheck BeauBux if you would like to save them and use a different method of payment.
You cannot share or give away BeauBuxs to other BEAUBYTE users or to any third-party.
BeauBux have no real monetary value and can ONLY be used on the BEAUBYTE application, and may not be redeemed for cash.
Be sure to visit BEAUBYTE periodically to review your account and check the BeauBux /Rewards that have been issued to you.
BEAUBYTE retains all rights, at its sole discretion, to suspend your account in the case that BEAUBYTE thinks you are trying to abuse the program through third party applications, forced actions and/or clicks, either manually or through any automated means.

14. BEAUBYTE’S REWARD PROGRAM

Points are gained from completing activities such as purchases, posts, tags, shares, ‘likes’, invite-a-friend and other Services and features available via the Services.
As you accumulate points, your Rank in the community changes.
In order to gain a rank you will need to accumulate enough points to qualify.
As you reach higher ranks you’ll be offered exclusive rewards.
BEAUBYTE retains all rights to change any frequency or algorithms for rewarding searches at our sole discretion without notification to the users.
BEAUBYTE uses symbols and icons to show ranks. Such symbols and icons are the intellectual property of BEAUBYTE, and any use or copy outside of the application is strictly prohibited.
Please review the below table and familiarize yourself with the Rankings and Points needed to achieve such Rank.

RANK NAME	POINTS NEEDED	REWARDS / BENEFITS / PERKS
NEWBEAU (Star)	0-999	Access to the BeauByte Shop BeauBux
BAEBEAU (Heart)	1,000-4,999	Free shipping on your first order BeauBux Birthday Fix
GLAMBEAU (Lipstick)	5,000-14,999	Free Shipping on all orders BeauBux Birthday Fix
CHICBEAU `(Stiletto)	15,000 - 29,999	Free Shipping on all orders BeauBux “Try” Samples Birthday Fix Access to Special Promotions
LUXBEAU (Diamond)	TOP 5% (30,000 minimum)	Free Shipping on all orders BeauBux “Try” Samples 10% off “Buy” Order Access to Special Promotions and Limited Edition Items DeBeau Invite to Private Brand events Limited Edition Birthday Fix
ROYALBEAU (Crown)	TOP 1% (50,000 minimum)	Free Shipping on all orders BeauBux “Try” Samples 20% off “Buy” Orders Access to Special Promotions and Limited Edition Items. DeBeau Invite to Private Brand Events Upscale Birthday Fix Specialized Beauty Services VIP Royal Extravaganza
CELEBEAUTY (Sunglasses with lips)	LOCKED	LOCKED
ICONBEAU (Invitation or black amex)	LOCKED	· LOCKED

You will be able to earn points when you post reviews, like other user’s reviews, share BEAUBYTE’S magic on other social media platforms, placing “Try” orders, placing “Buy” orders and many more. Please review BEAUBYTE’S POINTS TABLE

Invite a friend - 250

POINTS	ACTIONS
500	New users, the moment you join BEAUBYTE’s community
100	Post & Tag Products (per post)
50	Share Post on Social (per share)
5	Like/Unlike Post in Discovery (pre yes/no rating)
50	Add Products to Your Kit (per product added)
100	Write Product Review (per review)
250	Invite-a-Friend (per joined friend)
250	“Try” order (per order)
500	“Buy” order > $25-$99 Purchase (per order)
800	“Buy” order > $100-$299 Purchase (per order)
1,500	“Buy” order > $300-$499 Purchase (per order)
2,500	“Buy” order $500-$999 Purchase (per order)
6,000	“Buy” order $1,000 Purchase (per order)

Furthermore, BEAUBYTE reserves the right to limit the number and/or amount of points that may be earned with respect to any existing user with or without notice to you.

1. RESTRICTIONS

Accounts that have not earned BEAUBYTE BeauBux and/or BEAUBYTE Reward Points within six(6) months or more are deemed inactive.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points previously earned in these inactive accounts will be considered null and void.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points are non-transferable and are void if a transfer is attempted.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points may not be bartered or sold.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points can ONLY be used on BEAUBYTE mobile-application.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law unless required by applicable law.
BEAUBYTE Members will not be reimbursed for lost or stolen BEAUBYTE BeauBux and/or BEAUBYTE Reward Points including Gift Cards and Prizes.
You further agree that BEAUBYTE has the right at any time in its sole discretion to cancel and remove BEAUBYTE BeauBux and/or BEAUBYTE Reward Points if your account is found in violation of any of the terms held therein or for any reason at all in BEAUBYTE’s sole discretion.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points cannot be sold, transferred for value, redeemed for cash, transferred to another member's account or pooled with BeauBux, and/or Rewards in another member's account.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points may only be redeemed by or used for orders by the registrant for whom the account was created.
The sale, trading, transfer, assignment, combining, or barter of BEAUBYTE BeauBux and/or BEAUBYTE Reward Points or use of BEAUBYTE BeauBux and/or BEAUBYTE Reward Points for any purpose other than as set forth in these terms and conditions is prohibited.
While every reasonable effort will be made to maintain and accurately reflect the transactions in your account (including but not limited to your balance of BEAUBYTE BeauBux and/or BEAUBYTE Reward Points), BEAUBYTE is not responsible for technical errors which may cause incorrect information to be reflected.
BEAUBYTE reserves the right to reject any BEAUBYTE BeauBux and/or BEAUBYTE Reward Points redemption, which it determines in its sole discretion, violate these Terms, to investigate and verify the legitimacy of any use BEAUBYTE BeauBux and/or BEAUBYTE Reward Points and to close customer accounts and bill alternative forms of payment if fraudulently BEAUBYTE BeauBux and/or BEAUBYTE Reward Points are redeemed and/or used to make purchases on BEAUBYTE’S mobile-application.
You are advised to print out a copy of your registration information, the order confirmation screens, the conversion request confirmation screens (if applicable), the order status screen and account information screens for your records.
In all matters relating to the interpretation and application of these Terms, the decisions of BEAUBYTE shall be final and binding in all respects.
BEAUBYTE retains all rights, at its sole discretion, to suspend your account in the case that BEAUBYTE thinks you are trying to abuse the program through third party applications, forced actions and/or clicks, either manually or through any automated means.
BEAUBYTE BeauBux and/or BEAUBYTE Reward Points are issued by BEAUBYTE,LLC., a California limited liability company. When you redeem BEAUBYTE BeauBux and/or BEAUBYTE Reward Points, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Program Terms.
BEAUBYTE, LLC, reserves the right to change these Program Terms from time to time in its sole discretion. All terms and conditions are applicable to the extent permitted by law.

15. ORDER CONFIRMATION EMAIL

Immediately after you have successfully placed your order with BEAUBYTE, you will receive an email that contains information regarding the details of your order.
The order confirmation e-mail is your receipt that can be printed for your records.
The order confirmation email includes your order number (the same number that appeared after successful submission of an order), the details of the products and corresponding prices, any online promotions, and your ship-to and bill-to information.
Keep in mind you can only cancel your order while it is in the “Pending” stage. Once your order is in the “Processing” or “Shipped” stage(s), we cannot cancel or modify your order.
You can always check your order status by clicking on Your Order History.
After signing in, you can obtain the status of all orders placed.

16. RETURNS AND REFUNDS

BEAUBYTE does not offer returns or refunds on sample size products. Samples are a way for you to explore and discover what you will love. It’s all a part of the discovery process. As you build up your ranks you will enjoy more weekly samples.
You understand and agree that you shall receive no refunds and no exchanges for any Products once we or our supplier delivers these items to the carrier unless the Product received by you is damaged and/or expired.
BEAUBYTE offers a convenient return policy for full size products that are damaged or expired because we want you to be completely satisfied with the goods and Services.
We reserve the right to deny unfair returns and refunds for any reason, at the discretion of the Accounts department. For example, these reasons may include returns:
For products not purchased directly from BEAUBYTE.
For products used beyond a reasonable trial amount.
For products purchased for the purpose of reselling;
From customers that return an unreasonable proportion of products purchased.

1. BEAUBYTE’s Returns Policy

If you received damaged or expired product(s), you may return your order within 30 days (from the delivery date) for a full refund.
We regret that we are unable to cover return shipping costs or refund the original shipping charges unless the return was due to our error.
If you would like to return an order:
Contact us to receive return instructions and address.
Ship us the returned item(s) with the original packaging, including any associated free products or gifts along with the returned order.
Once we have received your package, your refund will be issued in the original payment method within 7 business days.
Any BEAUBYTE credits and/or BEAUBYTE tokens used will populate back to your account.

2. BEAUBYTE’s Exchange Policy.

We are unable to offer exchanges, but we are glad to assist you in returning your order and completing a new order for the new item(s) you want.
If you would like to exchange your item(s):
Contact us to receive return instructions and address.
Ship us the returned item(s) with the original packaging, including any associated free products or gifts along with the returned order.
Once we have received your package, we will process a store credit to your profile which will appear on your account.

BEAUBYTE’s Cancellation Policy
In the event product costs or any fees are listed or charged at an incorrect price (as determined by BEAUBYTE), BEAUBYTE shall have the right to refuse or cancel any such orders placed for incorrect pricing.
BEAUBYTE has the right to refuse or cancel any such orders whether or not the order has been confirmed and the credit card charged. If the credit card has already been charged for the purchase and the order is canceled, BEAUBYTE shall issue a credit to the credit card account in the amount of the charge in a timely manner.
You may cancel your order via your mobile account only before the order has been processed.
Once the order is in the “fulfillment” status, no changes can be made (adding, removing, canceling).

17. PERSONAL USE; NOT FOR RESELLING

As a retailer, BEAUBYTE sells merchandise for personal use only. This means orders exceeding personal use quantities, reasonable seasonal gift giving quantities, and/or vendor quantity limits will be cancelled at the discretion of our Accounts department.

18. TAXES

Your total price will include the price of the product(s) plus any applicable sales tax.
Such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product(s).
We will charge tax only in states where the goods sold over the internet are taxable.

DUPLICATE ACCOUNTS
You are only permitted to have one registered account on BEAUBYTE.
Any customer accounts created for the specific purpose of circumventing BEAUBYTE’s per customer limit restrictions on promotions, Payments restrictions, or product quantity limits may be disabled and banned at the discretion of our Accounts department.
We reserve the right to prosecute fraudulent criminal activity to the fullest extent of the law.

FRAUD PROTECTION
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity.
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity.
If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order.
We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

20. PRODUCT INFORMATION; LIMITATION ON QUANTITIES

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the mobile-application is complete and reliable.
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the Services are subject to change without notice, and our current prices can be found on the Services.
We make reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your computer system and/or mobile phone, and we cannot guarantee that your computer and/or mobile phone will accurately display such colors.
The inclusion of any products on the Services at a particular time does not imply or warrant that these products will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and buy of any product purchased through the Services.
By placing an order, you represent that the products ordered will be used only in a lawful manner.
We reserve the right, with or without prior notice, to limit the available quantity of, or discontinue any product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product.
Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability.
We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
We do not guarantee that all products described on our Application and/or Site will be available.
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Application and/or the Site.
Use of the Application and/or the Site is not meant to serve as a substitute for professional advice.
You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

21. SHIPPING

We ship within an estimated 3-4 business days after payment is received, which is subject to change at any time, without notice or liability.
Kindly note that sometimes there may be shipping delays due to a stall involving the vendor/brand fulfillment process.
You will not be eligible for a refund due to any unforeseen delays.
For United States addresses, it can take up to 7 business days for delivery from when the package leaves the warehouse.
Sorry! But BEAUBYTE does not offer international orders at this time.
You understand and agree that you shall receive no refunds and no exchanges for any products once we or our supplier delivers these items to the carrier unless the product received by you is damaged and/or expired.

1. Shipping Address

Make sure to provide accurate city, state/province, and zip/postal code information.
Remember to spell out the city to which you’re shipping the order. Many times abbreviations, misspellings, and other typos can result in errors in this section and will delay the fulfillment of your order.
After your order ships, delivery times may vary, according to the location of your shipping address.
Business days are Monday–Friday, excluding federal holidays within the United States.

2. Shipping & Packaging

Products are delivered in a durable cardboard box or/and bubble wrap envelopes.
As soon as your order is on its way, you will receive an email containing a tracking number that allows you to monitor its shipment.

POLICIES

A. PRIVACY

You represent that you have read, understand and agree to our Privacy Policy.
Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to: (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Use and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

B. COPYRIGHT AND TRADEMARK DISPUTES

We respect rights under copyright law. If you believe that your copyright is being infringed on BEAUBYTE’S site and/or on BEAUBYTE’S mobile application, please send us a written notice with the following information:

Identification of the copyrighted work that you claim has been infringed.
Identification of the allegedly infringing content, and information reasonably sufficient to permit BEAUBYTE to locate it on the site and/or on the mobile application (e.g., the URL for the web page on which the content appears).
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law.
A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

If you believe that your content should not have been removed for alleged copyright infringement, you may send us a written counter-notice with the following information:

Identification of the copyrighted work that was removed or designated for removal, and the location on BEAUBYTE’S mobile-application and/or site where it would have been found prior to its removal.
A statement, under penalty of perjury, that you have a good faith belief that the content was removed or designated for removal as a result of a mistake or misidentification.
A statement that you consent to the jurisdiction the judicial district in which BEAUBYTE is located.
Please also include a statement that you will accept services of process from the person who sent the original infringement notice to BEAUBYTE, or an agent of such person.
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer. Please send copyright, notices to: BEAUBYTE, LLC. Attn: Copyright Agent 16124 Sherman Way copyright@BeauByte.com

C. INVITE-A-FRIEND POLICY

At launch, BEAUBYTE will be open ONLY to exclusive members.
Exclusive members will have the option to invite their friends to be part of BEAUBYTE’S community.
Exclusive members will receive a limited amount of invites, use them wisely!
Only an Exclusive member can invite new members.
Exclusive members will get an “Invitation Code” in which they can share with their friends to become a member of BEAUBYTE’S exclusive community.
BEAUBYTE requires a mobile phone number to join the community. You can sign up for BEAUBYTE with your cell phone; simply download the BEAUBYTE mobile app. and enter your “Invite Code.”
BEAUBYTE may from time to time offer points to existing users that refer new users to the Services using the invite code provided by BEAUBYTE to such existing users.
BEAUBYTE may also make certain points available to such new users using that invite code.
The amount and requirements to earn such points will be determined, and may change, from time to time in BEAUBYTE’s sole discretion and such program may be terminated by BEAUBYTE at any time, in each case with or without notice to you.
To be eligible for points (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Services and must be using a device (not the web) for sign-up and the device being used must not be associated with an existing BEAUBYTE account.
In addition, any points granted cannot be traded for cash or any other services.
We reserve the right to void any invitation codes that we believe in our sole discretion are a result of fraud or other misuse of this program or the Services.

D. WISH-LIST

You may add products that are not available for immediate purchase to your “Wish List” by pressing “ADD TO WISH LIST”
From time to time BEAUBYTE will offer access to special items before launch that can add to your wish list.
If you have any questions about pre-orders please contact the BeauByteCare Team.

E. APP STORES

You acknowledge and agree that the availability of the Application is dependent on the App Store from which you received the App.
You acknowledge that this Agreement is between you and BEAUBYTE and not with the App Store.
BEAUBYTE, not the App Store, is solely responsible for the App, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.
You also agree to pay all fees (if any) charged by the App Store in connection with the App, including the App.
You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the App, including the App.
You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
If you are accessing the Services via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply:
Both you and BEAUBYTE acknowledge that these Terms of Use are concluded between you and BEAUBYTE only, and not with the App Store, and that BEAUBYTE, and not the App Store, is responsible for the Application and the content thereof.
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services.
You will only use the Application in connection with a device that you own or control.
You acknowledge and agree that BEAUBYTE is responsible for providing any maintenance and support services with respect to the Application and the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the App Store, and the App Store may refund the purchase price for the Application to you (if applicable).
To the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BEAUBYTE’S sole responsibility.
You acknowledge and agree that BEAUBYTE, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application or your possession and/or use of that Application, including, but not limited to: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, BEAUBYTE, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Both you and BEAUBYTE acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement (e.g., the App Store's terms and policies and the Usage Rules) which may affect or be affected by such use.
Both you and BEAUBYTE acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.
BEAUBYTE is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

23. SUGGESTIONS AND IMPROVEMENTS

It is BEAUBYTE’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
Accordingly, BEAUBYTE does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that BEAUBYTE is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that your Feedback:

a.Does not contain the confidential or proprietary information of third parties. b.We are under no obligation of confidentiality, express or implied, with respect to the Feedback.

We may have something similar to the Feedback already under consideration or in development.
You hereby grant to BEAUBYTE a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.

e.BEAUBYTE will treat any Feedback you provide to BEAUBYTE as non-confidential and nonproprietary.

A. PRODUCT REVIEW GUIDELINES

1. What makes for a good review of a product?

A good review is honest and gives an insightful account of your personal experience with a particular product. Let us know why you decided to try the product and what you found unique about it. Useful reviews sometimes include the product application, color, and texture; comparisons to similar products; and the value of the product. The same product often works differently for every person, so be sure to include any personal characteristics that might’ve affected your experience. Keep it fun and show off some of your personality too! Remember, you all are beautiful and it’s only makeup.

2.What should I review?

Any beauty product you have had personal first-hand experience using, on yourself or others. BEAUBYTE is about real experiences and honest opinions, so be yourself and keep it real :)

3. Can I earn BEAUBYTE BeauBux due to my reviews?

YES! You may earn up to 100 points per review.

24. SMS MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS

As part of the Services, BEAUBYTE may send reminders, alerts (referred to as 'notifications'), or critical services-related notifications via SMS text message, push or email to its users, and you acknowledge and consent to the receipt of such messages.

2.To receive a push alert, you must be subscribed to a particular class and have push notifications enabled on your device.

BEAUBYTE may use one or more of the following carriers for SMS message delivery: Cellular One Dobson, Centennial Cellular Corp, Sprint, Verizon Wireless, RCC – Unicel, Virgin Mobile USA, Boost, T-Mobile, Cincinnati Bell, AT&T, ALLTEL, and U.S. Cellular.
By agreeing to these Terms and Conditions, you certify that you are the account holder of the mobile phone number provided to BEAUBYTE or that you have the account holder's express permission to use the specified phone to receive text messages about your account from BEAUBYTE.
You acknowledge and agree that the reception of SMS messages, push and emails is not 100%.
You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card.
BEAUBYTE shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
You may opt out of receiving SMS text messages, push or email notifications at any time.
You will then receive a one-time opt-out confirmation text message, and after that, you will receive no future SMS messages.

25. THIRD PARTIES

The Services may include links to other websites or applications (each, a "Third Party Site").
BEAUBYTE does not control or endorse any Third Party Site.
BEAUBYTE is not responsible for any Third Party Account Content.
You agree that we are not responsible for the availability or contents of such Third Party Sites.
Your use of Third Party Sites is at your own risk.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY A THIRD PARTY ACCOUNT IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE THIRD PARTY ACCOUNT.
By connecting to the Services with a third-party service (e.g., Facebook), you give us permission to access and use information, content or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service.
Some of the services made available through the Services are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.

WARRANTY DISCLAIMER
The service is provided to you on an "as is" and "as available" basis, without warranty or representation of any kind.
To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, including without limitation, any warranty of merchantability, title, non-infringement, quality, and/or fitness for a particular purpose.
Without limiting the foregoing, we do not warrant the accuracy, reliability or completeness of any information provided by BEAUBYTE in connection with your use of the services, or that the services, including, without limitation, any data, files, and/or other information stored on a server owned or under BEAUBYTE’S control or in any way connected with the service, will meet your requirements or be available, uninterrupted, error-free, virus-free or secure.
You hereby forever discharge and release BEAUBYTE, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives 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 (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to: (i) the Services; (ii) any inaccurate, incomplete, unreliable, illegal or infringing Content posted on the Services, whether caused by BEAUBYTE or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another user or User Content posted on the Services, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services' users' communications.
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."
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any loss or damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us or through or from the services shall create any warranty not expressly stated in this agreement.
We take no responsibility and assume no liability for any content that you or any third party keeps, re-keeps, submits, posts or sends over the services. You are solely responsible for your content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users' online distribution and publication of the content provided by you and them.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BEAUBYTE OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY
You agree to release, indemnify and hold harmless BEAUBYTE, our affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys' fees, with respect to (i) your access, use or misuse of, or reliance upon, the Services, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) Content provided by you or through use of your account (including Content you Keep or re-Keep), and/or (iv) your acts or omissions, and (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
BEAUBYTE reserves the right, at your expense, 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 BEAUBYTE.
BEAUBYTE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
California Waiver. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

27. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BEAUBYTE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS.

To the fullest extent permitted by law, in no event shall BEAUBYTE, our affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors, be liable for any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this agreement and/or the services provided hereunder or any other interactions with BEAUBYTE, even if BEAUBYTE has been advised of the possibility of such damages.
This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory.
Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the services provided hereunder; (ii) the inability to use the services for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of god, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the services; or (iv) the deletion and/or corruption of any data, information, documents, files and/or any other materials stored on a server owned or under BEAUBYTE’s control or in any way connected to the service.
BEAUBYTE makes no claims or promises about the conduct of third parties. Accordingly, BEAUBYTE is not liable to you for any loss or damage that might arise from their actions, including, for example, if another user misuses your content or identity, or if you have a negative experience with one of the brands listed on the service.
BEAUBYTE makes no claims or promises about the quality, accuracy, or reliability of the brand's listings, ratings, and reviews, or the safety or security of the services or any product or services that is the subject of information on its site. Accordingly, BEAUBYTE is not liable to you for any loss or damage that might arise from your reliance on the quality, accuracy, or reliability of the content, descriptions, statements, ratings, or reviews, or the safety or security of the services.
BEAUBYTE expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Without limitation of the foregoing, total liability of BEAUBYTE, our affiliates, or any of our directors, members, managers, officers, employees, or agents for any reason whatsoever related to use of the services or any claims relating to this agreement or any content shall be your termination and discontinuation of access to or use of the services.
BEAUBYTE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BEAUBYTE ENTITIES IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) UP TO $100.
BEAUBYTE disclaims all liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation of Users or any Third party, or (v) loss of information or data.
The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations.
Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.
You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

28. CHOICE OF LAW AND VENUE

This Terms of Use Agreement, and your relationship with BEAUBYTE under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of law’s provisions.
Any dispute with BEAUBYTE, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the federal or state courts located in Los Angeles County, California , whether based on imminent harm or not.
You understand that, in return for agreement to this provision, BEAUBYTE is able to offer the Services at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with BEAUBYTE, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services you are giving up your right to have a trial by jury, and you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN LOS ANGELES COUNTY, CALIFORNIA.

SEVERABILITY

If any provision in this Terms of Use is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

TERMINATION
Subject to this Section, these Terms of Use will remain in full force and effect while you use the Services.
You may terminate the Terms of Use at any time by deactivating your account, discontinuing your use of the Services, and providing BEAUBYTE with a notice of termination by contacting the BeauByteCare Team.

3.We may terminate your Account or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may involve deletion of your User Content associated with your Account from our live databases.

BEAUBYTE will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Account or deletion of your User Content.
The licenses granted herein by BEAUBYTE shall automatically terminate without advance notice if you fail to comply with any material provision of these Terms of Use.
All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you deactivate your account, we may continue to display Your Content.
In the event of any termination, whether by you or us, Terms of Use will continue in full force and effect, including our right to use Your Content as detailed in Section 5. OUR RIGHT TO USE YOUR CONTENT.

31. GENERAL TERMS

This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter, and supersede any prior agreement between you and BEAUBYTE on such subject matter.
All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, but not limited to, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
No vendor, distributor, dealer, retailer, agent, sales person, or other person is authorized by us to modify this agreement or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in this agreement.
Any failure on BEAUBYTE’s part to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or communications through the Services.
Except as expressly stated herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The parties hereto acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.
If any provision of these Terms of Use are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
The Terms of Use are not assignable, transferable or sublicensable by you except with BEAUBYTE’S prior written consent, but may be assigned or transferred by BEAUBYTE without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

A BEAUTIFUL
MOVEMENT.
A SOCIAL
PLATFORM.
A CREATIVE
MARKETPLACE.

A BEAUTIFUL
MOVEMENT.

THE ULTIMATE
CONNECTOR

Join us now, and be part
of something beautiful!

A BEAUTIFUL MOVEMENT. A SOCIAL PLATFORM. A CREATIVE MARKETPLACE.

A BEAUTIFULMOVEMENT.

THE ULTIMATE CONNECTOR

Join us now, and be part of something beautiful!

A BEAUTIFUL
MOVEMENT.
A SOCIAL
PLATFORM.
A CREATIVE
MARKETPLACE.

A BEAUTIFUL
MOVEMENT.

THE ULTIMATE
CONNECTOR

Join us now, and be part
of something beautiful!