Last Modified: February 22, 2023
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Mixst Beauty LLC. (“Mixst Beauty,” “we,”,“us,” or “our”). The following terms and conditions ( Terms of Use ) govern your access to and use of mixstbeauty.com, including any content and functionality offered through such website (the Website ) and any of the Mixst Beauty’s social media accounts and webpages (collectively, the “Social Media Sites”), including any content, functionality, and services offered thereon. As used in this Policy, the word “Sites” shall include Mixst Beauty’s Website and Social Media Sites.
Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, located at mixstbeauty.com (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Sites. In addition, you agree to be bound by the terms and conditions, privacy policy and/or other terms and conditions (the “Social Media Platform Rules”) of any of the social media websites, platforms and applications on which Mixst Beauty’s Social Media Sites reside. In addition, you agree to be bound by any other terms and conditions posted by Mixst Beauty on any of Mixst Beauty’s Sites. The Sites are offered and available to users who are eighteen (18) years of age or older, and reside in the United States or any of its territories or possessions. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with Mixst Beauty and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites. If you do not agree to these Terms of Use or our Privacy Policy, you must not access or use the Sites. If you are dissatisfied with any of the Material or User Content (as such terms are defined in these Terms of Use) contained in Mixst Beauty’s Sites, your sole and exclusive remedy is to discontinue accessing and using the Sites immediately.
Changes to these Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sites. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Sites
We reserve the right to withdraw, amend or otherwise edit the Sites, and any service or Material (hereinafter defined) we provide on the Sites, in our sole discretion without notice. We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Sites and Account Security
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Sites.
· Ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.
Intellectual Property Rights
The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Material”) are owned by Mixst Beauty, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Mixst Beauty. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks, Copyrights and Copyright Agent
The Mixst Beauty name, the Mixst Beauty logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mixst Beauty or its affiliates or licensors. You must not use such marks without the prior written permission of Mixst Beauty. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners. Mixst Beauty’s Sites and all Materials, including without limitation User Content, contained on and/or submitted to the Sites are protected by United States and international copyright and trademark laws and all other applicable Laws. Nothing contained in the Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent or other property of Mixst Beauty or any other person or entity, whether by implication, laches, estoppel, explicit grant or otherwise. Mixst Beauty respects the intellectual property rights of others. Pursuant to Title 17, United States Code, Section 512, which is a part of the United States Digital Millennium Copyright Act (the “DMCA”), notifications of claimed copyright infringement on any of the Sites should be sent to Mixst Beauty’s designated agent. If you believe that your User Content or other materials have been used in a way that may constitute copyright infringement, you should promptly furnish the following information by written notice to Mixst Beauty’s designated agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of the location on the Sites where the material that you claim is infringing is located;
d. Your name, address, telephone number and email address;
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made 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 copyright owner’s behalf.
Mixst Beauty’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:
Copyright Agent
Mixst Beauty LLC
Address
Phone number
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notification may not be effective. Mixst Beauty has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are repeat infringers of copyright.
User Content
The Sites may contain messaging features, personal web pages or profiles, fillable forms, forums and other interactive features that allow users to post, submit, publish, display, or transmit (hereinafter, “Post”) content or materials to Mixst Beauty, to other users or to other persons, including without limitation posts, comments, reviews, text, images, videos and audio (collectively, “User Content”) on or through the Sites. All User Content must comply with the Content Standards set out in these Terms of Use. Any User Content you Post to the Sites will be considered non-confidential and non-proprietary. By providing any User Content on the Sites, you grant us and our subsidiaries, affiliates and service providers, and each oftheir and our respective licensees, successors, and assigns, a fully-paid, non-exclusive, royalty-free, worldwide, perpetual, sublicenseable and transferable license to use, post, reproduce, copy, advertise, promote, host, modify, perform, display, transmit, distribute, exploit, prepare derivative works based on, and otherwise deal with or disclose to third parties any such User Content, with or without attribution and for any lawful purpose.
You represent and warrant that:
You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our subsidiaries, affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Content do and will comply with these Terms of Use.
Your User Content does not infringe the copyright, other intellectual property right or any other right of any third party.
None of the User Content shall be subject to any obligation on the part of Mixst Beauty, whatsoever, including without limitation confidentiality, attribution or otherwise.
You will maintain all copyright, trademark, other intellectual property and/or other proprietary or other notices embedded in or attached to any User Content that you Post on the Sites. You understand and acknowledge that you are fully responsible for any User Content you Post, and you, not Mixst Beauty, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites.
Prohibited Uses
You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, orotherwise.
· To impersonate or attempt to impersonate Mixst Beauty, a Mixst Beauty employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Mixst Beauty or users of the Sites, or expose them to liability.
· Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
· Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
· Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Sites.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer, or database connected to the Sites.
· Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Sites.
Content Standards
These content standards apply to any and all User Content and use of the Sites. User Content must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Content must not:
· Be abusive, obscene, indecent, defamatory, abusive, violent, inflammatory, harassing, offensive, vulgar, profane, threatening, malicious, unlawful, invasive of privacy or publicity rights, intended to be used for any unlawful purpose, or be fraudulent, false or misleading.
· Violate any Laws.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity, including but not limited to Mixst Beauty.
· Violate the legal rights (including without limitation the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable Laws or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
· Be likely to deceive any person.· Promote any illegal activity, or instruct, advocate, promote, or assist or any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, other promotions, or advertising, unless expressly permitted by us.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement
We have the right to:
· Remove or refuse to post any User Content for any or no reason in our sole discretion.
· Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for Mixst Beauty.
· Disclose your identity or other information about you to any third party who claims that User Content or other material posted by you violates their rights, including without limitation their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
· Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS MIXST BEAUTY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MIXST BEAUTY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MIXST BEAUTY OR LAW ENFORCEMENT AUTHORITIES.
We do not routinely monitor the Sites, Material, User Content or other information that is posted by any person or entity (other than Mixst Beauty) to any and all sections of the Sites. However, we reserve the right to monitor the Sites, Material and User Content and to edit, modify, remove, redact, consolidate and/or clarify any Material, User Content and/or other information that we in our sole discretion consider to violate these Terms of Use, be unlawful and/or for any other reason whatsoever. Mixst Beauty’s exercise of such reserved rights shall not create any obligation whatsoever for Mixst Beauty to continue any such monitoring, editing, modifying, removing, redacting, consolidating or clarifying.
Mixst Beauty cannot review all material before it is Posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Material provided by any user or third party. You understand that by accessing and using the Sites, including the Social Media Sites, you may be exposed to material, including without limitation User Content that may offend you. In such event, your sole and exclusive remedy and recourse is to avoid such material by discontinuing your access to and use of the Sites. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Monitoring and Enforcement section.
Termination
Your limited right to access and use the Sites is licensed to you by Mixst Beauty and is subject to all of the terms and condition of these Terms of Use, the Privacy Policy, and applicable Laws. At Mixst Beauty’s sole discretion, this license shall immediately and automatically terminate without notice to you upon your breach and/or threatened or anticipated breach of these Terms of Use, the Privacy Policy, or applicable Laws. In addition, Mixst Beauty may terminate said license immediately at any time, at shall, for any reason or no reason, and/or for the convenience of the Mixst Beauty. IF YOU DO NOT ABIDE BY THESE TERMS OF USE, THE PRIVACY POLICY, AND APPLICABLE LAWS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE MIXST BEAUTY’S SITES.
Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mixst Beauty, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mixst Beauty. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Sites
All information we collect on this Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Sites
Mixst Beauty’s Sites may provide hyperlinks to and/or other methods of viewing or accessing other web pages, websites, links, social media accounts, sites and platforms, applications and other resources that are available on the Internet (collectively, “Third Party Content”). This includes links contained in advertisements, including banner advertisements and sponsored links. Mixst Beauty has no control over any Third Party Content that you access or use via such hyperlinks or otherwise. Mixst Beauty expressly disclaims any and all responsibility for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content. Mixst Beauty makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided to users on an “as is, where is” basis, solely as a convenience to our users. You acknowledge and agree that Mixst Beauty shall not be responsible or liable for any damage or loss of any kind whatsoever caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content.
It is your sole responsibility to take any and all precautions that you deem necessary and/or appropriate to ensure that any Third Party Content that you may choose to access and use is safe, appropriate for you and/or any other person (including children) viewing such Third Party Content who is accompanying you and/or does not contain any inaccuracies, omissions, Viruses and/or other items of a destructive nature. If you decide to access any Third Party Content, you do so entirely at your own risk. Mixst Beauty shall have no liability whatsoever for any of the foregoing matters.
Geographic Restrictions
We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Sites will be free of Viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM,
OR
ON ANY SITES LINKED TO THEM.
YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIXST BEAUTY NOR ANY PERSON ASSOCIATED WITH MIXST BEAUTY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER MIXST BEAUTY NOR ANYONE ASSOCIATED WITH MIXST BEAUTY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MIXST BEAUTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MIXST BEAUTY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless Mixst Beauty, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites and any use of the Sites content, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.
Governing Law and Jurisdiction
All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the United States District Court for the Southern District of New York, located in New York County, New York or the courts of the State of New York, in each case located in the City of Manhattan and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Mixst Beauty of any term or condition set out in these Terms of Use, the Privacy Policy, and any other terms or conditions posted by Mixst Beauty on any of Mixst Beauty’s Sites shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mixst Beauty to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use, the Privacy Policy, and any other terms or conditions posted by Mixst Beauty on any of Mixst Beauty’s Sites are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use, the Privacy Policy, and any other terms or conditions posted by Mixst Beauty on any of Mixst Beauty’s Sites will continue in full force and effect.
Entire Agreement
These Terms of Use, the Privacy Policy, and any other terms or conditions posted by Mixst Beauty on any of Mixst Beauty’s Sites, constitute the sole and entire agreement between you and Mixst Beauty regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.
Your Comments and Concerns
Any questions, comments, and other communications relating to these Terms of Use should be directed to: hello@mixststudio.com.
