Terms of Use


These Terms of Use (“Agreement”) constitute a valid, binding contract between you and Social Misfit Enterprises, LLC, a Texas limited liability company d/b/a beauxx.com (“Company”), the owner and operator of the site accessible through  www.beauxx.com, with respect to the use of this website (the “Site”).   The products and information  provided on this site is provided subject to compliance with the terms of this Agreement.  Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time.  Please read this Agreement carefully as it forms a binding contract between you and Company.  Please print a copy of this agreement for your records. 


Company takes the issue of privacy on the Internet very seriously.  To view our privacy policy, click here.  Additionally, if products are made available for ordering through our Site and you have any questions or concerns about products you have ordered or may order through the Site, please view our Customer Service page.


If you have specific questions, a please visit the applicable section of this Agreement outlined herein for your convenience:



License and Site Access


Company grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company.  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 Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of beauxx.com so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.   Any unauthorized use or violation of this Agreement terminates the permission or license granted by Company.


Access and Interference


Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Company is strictly prohibited.  You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein.  You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Company.  You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.


Personal Use of Contents


The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from the Company and/or the appropriate content provider, as specified.


Use of Site


Your use of the Site is at the sole discretion of Company, which may deny you further use of the Site at any time, for any reason, with or without cause.  Your use of the Site and any orders for merchandise placed through this site does not entitle you to continued use of the Site.

Your use of the Site must always comply with applicable law.  In particular, but without limitation, you agree and represent not to use the Site to:

(a)        impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

(b)       upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, violent, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(c)        upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other rights of any party;

(d)       upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law (such as inside trading information);

(e)        upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

(f)        use automated scripts to collect information from or otherwise interact with the Service or the Site;

(g)        harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam;” or

(h)       violate any applicable local, state, national or international law and any regulations having the force of law.

Violating this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed required by us. The IP addresses of all posts are recorded to aid in enforcing this Agreement.


No Endorsements 


Other than the items listed for sale on the Site, we do not recommend, sponsor, endorse, or support any third party businesses, services, or products.  We make no representations or warranties concerning the quality, suitability, or potential value of third party businesses, services, or products listed on the Site.  References that we make to any third party businesses, services, or products or links to third party websites or information do not constitute a recommendation, sponsorship endorsement, or support of the third party businesses, services, or products.  We are not responsible or liable for any third party businesses, services, or products. 


User Submissions


All user submitted content on the Site, including, but not limited to, user postings, is provided “AS IS,” and you are solely responsible for your reliance on and use of such content.  Company is not responsible for the consequences of any communications made through the Site.  You agree not to, without the express approval of Company, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.


Your participation in the Site is solely at your own risk.  In addition to your obligations under the Indemnification section of this Agreement, you agree to defend, indemnify and hold completely harmless Company and its affiliates from and against any and all claims, damages, costs, and expenses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you on the Site.  You agree to cooperate as fully as reasonably required in the defense of any such claim.


You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed, or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Company, exposes Company or any of its affiliates to any liability or detriment of any type.


By voluntarily submitting information, communications or content (including, but not limited to, pictures and anecdotes) to the site, you agree that such submissions are non-confidential for all purposes.  You agree that “Company” has the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. You further agree that such submissions become the property of Company and that all title and interest therein, including all rights of copyright, shall rest with Company at the time they are submitted and/or posted.  Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice.  The submission of such materials in no way creates any obligation or duty on the part of Company to post or use such materials or, if we do so, to give you credit.  By posting on the Site, you automatically grant, and you represent and warrant that you have the right to grant, Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) (“IP License”) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. If any content is removed from the Site, you acknowledge that Company may retain archived copies of the content.


Sharing Your Content and Information


1.         You understand that all text or other materials (“User Content”) posted on, transmitted through, or linked from the Site is the sole responsibility of the person from whom such Content originated.   You also agree that User Content is shared with other members on Company and removing this content from your profile does not remove it from the community and does not terminate the IP License.

2.         Company utilizes certain applications with respect to the User Content.  You agree that the application can use, store, share and transfer the User Content and related information.  When you publish content or information, it means that you are allowing everyone,  to access and use that information, and to associate it with you.

3.        You agree that Company has been granted full use of the User Content you provide.

4.         You are responsible for your comment(s) left on any discussion forum, message board or community discussion available on the Site.  Company takes no responsibility for harm caused by inappropriate comments posted by you and others and you agree to indemnify us as further provided in the Indemnification section below for any claims arising from the User Content you post. 


Special Admonitions For International Use


Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and the posting of acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and the subject matter of the content you post.


Under 18 Policy


Our Terms and Conditions and Privacy Policy apply to all users, but the following applies to users of our Site who are under the age of 18.  If you are under 18 and do not understand parts of this policy or information contained on this Site you must ask your parent/guardian to explain it to you before using the Site. You are not allowed to use the Site to purchase or order any goods, services or make any e-payments through the Site.


Links to Other Sites


The Site may contain links to third party websites. Such third party websites are not under the control of Company.  Please note that Company is not responsible for the accuracy or content of websites of other providers that may have links from this Site.  Accordingly, Company can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that Company has provided this link serve as an endorsement by Company of this or any other site.  In creating hypertext links to any other website, Company is not recommending that website or giving any assurances as to its standing. Company is providing this link only as a convenience to you.  The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Company makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites.  If you decide to access linked third party websites, you do so at your own risk.


Indemnification


YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS COMPANY AND ITS EMPLOYEES, OFFICERS, MEMBERS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, ATTORNEYS FEES AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF COMPANY, ARISING FROM OR RELATED TO (I) YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE,. (II) CLAIMS BASED UPON THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT, AND (III) ANY ALLEGED CLAIM FOR CONTRIBUTORY INFRINGEMENT BY COMPANY, ITS AFFILIATES AND EACH OF ITS AND ITS AFFILIATES EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS AND AGENTS.


Disclaimer of Warranties


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)        YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.  THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. 

(b)       COMPANY MAKES NO WARRANTY THAT:

(1)       YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(2)       THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

(3)       THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

(c)        ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d)       NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

(e)        COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.


Limitations and Exclusions of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE, , DIRECTLY, INDIRECTLY,  CONTRIBUTORILY OR IN ANY MANNER WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES), RESULTING FROM:


(a)        THE USE OR THE INABILITY TO USE THE SITE;

(b)       UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(c)        STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE

(d)       ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;

(e)        THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE; OR

(f)        ANY OTHER MATTER RELATING TO THE SITE.


IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.  NOTWITHSTANDING THE FOREGOING, COMPANY’S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000.  YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST COMPANY ARISING OUT OF THE USE OF THE SITE.


COMPANY SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.


Intellectual Property Rights


The Site is protected by copyright, trademark, trade dress and other intellectual property rights. 


(a)        Company grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site.


(b)       Company’s logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by Company.  You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Company.  Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Company.


(c)        The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2011, beauxx.com or with regard to certain elements of the Site, the sole and exclusive property of a third party who has licensed the same to Company.  All rights reserved.


User-Generated Online Content


Opinions, advice, statements, or other user-generated information or content made available through this Site are those of their respective authors and not of Company, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site.


Special Provisions Applicable to Users Outside the United States


We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:


1.         You consent to having your personal data transferred to and processed in the United States.

2.         Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site, engage in other commercial activities on the Site (such as advertising or payments) or operate a platform application or website if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.


Removal of Information


By posting information on the Site, you understand and agree that Company is not  required to remove the material even at your request. You shall remain solely responsible for the content of your postings on the Site.  While we do not and cannot review every message posted by users of the Site, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.


Communications Decency Act


If you are believe that a posting on the Site is inaccurate, you are solely limited to posting a rebuttal. Company does not remove postings at the request of the provider of the product.  Please note that Company is a provider of an interactive computer service under the Communications Decency Act or “CDA,” (see 47 U.S.C. § 230). Because this important law is not well known, we want to take a moment to explain the law, and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both parties and their attorneys.

In short, the CDA provides that when a user writes and posts material on a website such as the Site, the site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the “publisher or speaker” of the content contained here, and hence we are not liable for content even if they contain false or inaccurate information.


Modification


Company may update, revise, supplement, modify or amend this Agreement at any time.  Company will indicate at the bottom of this Agreement the date of the last update. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made.  You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after, the updates, revisions, supplements, modifications or amendments have been posted.


Entire Agreement


This Agreement constitutes the entire agreement between you and Company with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.  The terms herein as they relate to the ordering of merchandise from the site, can be found on our Customer Service page. 


Severability


If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue


Company’s principal office is in the State of Texas.   This Agreement, the entire relationship between you and Company, and any litigation or other legal proceeding between you and Company (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

This contract is fully performable in Bexar County, Texas.  Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas.  You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Nothing in these Terms and Conditions shall prevent Company from taking any action it deems necessary to comply with applicable law.


User Disputes


You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.


Electronic Communications


When you visit beauxx.com or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e‑mail satisfy any legal requirement that such communications be in writing.  If you have other questions about how we might use your e-mail address please click here and review our Privacy Policy.


Termination


Company may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement,.  In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.


Contact Information


If you have a comment, question or request, or if you need to contact Company for any other reason, there are two easy ways to do so.

(a)        E-mail:  You can e-mail at info@beauxx.com.

 (c)       U.S. Mail:  Send mail to Company at:


Social Misfit Enterprises, LLC

d/b/a beauxx.com

Attn:  Legal

1238 Via Belcanto

San Antonio, Texas 78260

 

Updates to Terms and Conditions


These Terms and Conditions were last  updated May 11, 2011.

 

 

 


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