Terms & Conditions of Use
Last updated: November 25, 2020
Beautifulis.Black and/or its affiliates (“Beautifulis.Black “) provide website features and other products and services to you when you visit or shop at Beautifulis.Black, use Beautifulis.Black products or services, or use software or mobile apps provided by Beautifulis.Black in connection with any of the foregoing (collectively, ” Beautifulis.Black Services”). Beautifulis.Black provides the Beautifulis.Black Services subject to the following conditions.
By using Beautifulis.Black Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Beautifulis.Black Services, and sometimes additional terms may apply. When you use a Beautifulis.Black Service, you also will be subject to the guidelines, terms and agreements applicable to that Beautifulis.Black Service (“Service Terms”). If these Terms & Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use Beautifulis.Black Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Beautifulis.Black Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Beautifulis.Black Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Beautifulis.Black or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Beautifulis.Black Service is the exclusive property of Beautifulis.Black and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Beautifulis.Black Service are trademarks or trade dress of Beautifulis.Black in the U.S. and other countries. Beautifulis.Black’s trademarks and trade dress may not be used in connection with any product or service that is not Beautifulis.Black’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Beautifulis.Black. All other trademarks not owned by Beautifulis.Black that appear in any Beautifulis.Black Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beautifulis.Black.
LICENSE AND ACCESS
Subject to your compliance with these Terms & Conditions of Use, and your payment of any applicable fees, Beautifulis.Black or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Beautifulis.Black Services. This license does not include any resale or commercial use of any Beautifulis.Black Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Beautifulis.Black Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions of Use are reserved and retained by Beautifulis.Black or its licensors, suppliers, publishers, rightsholders, or other content providers. No Beautifulis.Black Service, nor any part of any Beautifulis.Black Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Beautifulis.Black. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Beautifulis.Black without express written consent. You may not use any meta tags or any other “hidden text” utilizing Beautifulis.Black’s name or trademarks without the express written consent of Beautifulis.Black. You may not misuse the Beautifulis.Black Services. You may use the Beautifulis.Black Services only as permitted by law. The licenses granted by Beautifulis.Black terminate if you do not comply with these Terms & Conditions of Use.
You may need your own Beautifulis.Black account to use certain Beautifulis.Black Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Beautifulis.Black does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Beautifulis.Black Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Beautifulis.Black Household. Alcohol listings on Beautifulis.Black are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Beautifulis.Black reserves the right to refuse service, terminate accounts, terminate your rights to use Beautifulis.Black Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Beautifulis.Black reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Beautifulis.Black a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Beautifulis.Black and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Beautifulis.Black for all claims resulting from content you supply. Beautifulis.Black has the right but not the obligation to monitor and edit or remove any activity or content. Beautifulis.Black takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Beautifulis.Black respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify us using the Contact Us website.
RISK OF LOSS
All purchases of physical items from Beautifulis.Black are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Beautifulis.Black does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Beautifulis.Black does not take title to the refunded item.
Beautifulis.Black attempts to be as accurate as possible. However, Beautifulis.Black does not warrant that product descriptions or other content of any Beautifulis.Black Service is accurate, complete, reliable, current, or error-free. If a product offered by Beautifulis.Black itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Beautifulis.Black and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Beautifulis.Black.
With respect to items sold by Beautifulis.Black, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Beautifulis.Black is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
SANCTIONS AND EXPORT POLICY
You may not use any Beautifulis.Black Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Beautifulis.Black Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Beautifulis.Black Software), technology, and services.
Parties other than Beautifulis.Black operate stores, provide services or software, or sell product lines through the Beautifulis.Black Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Beautifulis.Black. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals (including the content of their Web sites). Beautifulis.Black does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BEAUTIFULIS.BLACK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BEAUTIFULIS.BLACK SERVICES ARE PROVIDED BY BEAUTIFULIS.BLACK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BEAUTIFULIS.BLACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BEAUTIFULIS.BLACK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BEAUTIFULIS.BLACK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BEAUTIFULIS.BLACK SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BEAUTIFULIS.BLACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEAUTIFULIS.BLACK DOES NOT WARRANT THAT THE BEAUTIFULIS.BLACK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BEAUTIFULIS.BLACK SERVICES, BEAUTIFULIS.BLACK’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BEAUTIFULIS.BLACK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BEAUTIFULIS.BLACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BEAUTIFULIS.BLACK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BEAUTIFULIS.BLACK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Beautifulis.Black Service, or to any products or services sold or distributed by Beautifulis.Black or through Beautifulis.Black.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Beautifulis.Black Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Maryland, without regard to principles of conflict of laws, will govern these Terms & Conditions of Use and any dispute of any sort that might arise between you and Beautifulis.Black.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Beautifulis.Black Services. We reserve the right to make changes to our site, policies, and these Terms & Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL BEAUTIFULIS.BLACK SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Beautifulis.Black Services (the “Beautifulis.Black Software”).
- Use of the Beautifulis.Black Software. You may use Beautifulis.Black Software solely for purposes of enabling you to use the Beautifulis.Black Services as provided by Beautifulis.Black, and as permitted by these Terms & Conditions of Use. You may not incorporate any portion of the Beautifulis.Black Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Beautifulis.Black Software in whole or in part. All software used in any Beautifulis.Black Service is the property of Beautifulis.Black or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Beautifulis.Black Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Beautifulis.Black Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Beautifulis.Black Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Beautifulis.Black Software are the same as the rights we grant to all others under these Terms & Conditions of Use.
- Conflicts. In the event of any conflict between these Terms & Conditions of Use and any other Beautifulis.Black or third-party terms applicable to any portion of Beautifulis.Black Software, such as open-source license terms, such other terms will control as to that portion of the Beautifulis.Black Software and to the extent of the conflict.