Terms Of Service
Last Updated: March 31, 2021
These terms and conditions (the “Terms of Service“) govern your access to and use of (including the purchase of products from) Danessa Myricks Beauty LLC’s websites and mobile applications that link to or reference these Terms of Service (collectively, the “Service“). By accessing or using the Service, you are agreeing to these Terms of Service, including the binding Arbitration provision below. Do not access, attempt to use or use the Service if you are unwilling or unable to be bound by these Terms of Service.
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service, including the purchase of products. “We“, “us“, “our” refer to Danessa Myricks Beauty.
“Content” means text, images, photos, audio, music, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Danessa Myricks Beauty Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Danessa Myricks Beauty or its users, which is made available in connection with the Service. “Site Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Danessa Myricks Beauty Content.
- Changes to the Terms of Service
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Any such modification will be effective upon our posting of new Terms of Service. You agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
- Using the Service
To access or use the Service, you must be 16 years or older and have the requisite power and authority to enter into these Terms of Service. If you are under 18, you may use our site only with the involvement of a parent or guardian. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
- PERMISSION TO USE THE SERVICE
We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- SITE AVAILABILITY
The Service or any functions or Content of the site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- USER ACCOUNTS
- COMMUNICATIONS FROM DANESSA MYRICKS BEAUTY AND OTHER USERS
By creating an account, you agree to receive certain communications via e-mail, phone, or text message in connection with the Service at any e-mail address or phone number that you may have provided us. For example, you may receive our e-mail newsletter about new products, beauty tutorials and site updates or other matters that may interest you. You can opt-out of non-essential communications here.
Danessa Myricks Beauty may also place calls or texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a billing dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce this Terms of Service, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.
Danessa Myricks Beauty may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Danessa Myricks Beauty or its agents for quality control and training purposes or for its own protection.
- Purchase Conditions
- RETURNS AND REFUNDS
Danessa Myricks Beauty offers a convenient return policy to our customers because we want you to be completely satisfied with our goods and services. Our return policy is detailed here.
We reserve the right to deny unfair returns and refunds for any reason. For example, these reasons may include returns: (i) for products not purchased directly from Danessa Myricks Beauty; (ii) for products used beyond a reasonable trial amount; (iii) for products purchased for the purpose of reselling; or (iv) from customers that return an unreasonable proportion of products purchased.
- PERSONAL USE; NOT FOR RESELLING
As a retailer, Danessa Myricks Beauty 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 our discretion.
- DUPLICATE ACCOUNTS
You are only permitted to have one registered account on Danessa Myricks Beauty. Any customer accounts created for the specific purpose of circumventing Danessa Myricks Beauty’s per customer limit restrictions on promotions, Flexible Payments restrictions, or product quantity limits may be disabled and banned at our discretion. We reserve the right to prosecute fraudulent criminal activity to the fullest extent of the law.
Danessa Myricks Beauty reserves the right to require a signature to confirm delivery of an order. Should you elect to waive the signature requirement, you agree to release Danessa Myricks Beauty and our shipping carrier from any liability in the event your order is lost, stolen, or otherwise not received.
If you are purchasing any products and they are being shipped outside the United States, then you authorize Danessa Myricks Beauty to import the goods on your behalf. Further, you agree that Danessa Myricks Beauty may delegate the obligation to import the goods to a subcontractor (e.g. a customs broker). You will pay the taxes & duties required to import the products in addition to the purchase price of the products.
- RESPONSIBILITY FOR YOUR
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. 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 Danessa Myricks Beauty.
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.
- 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, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Danessa Myricks Beauty 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.
As between you and Danessa Myricks Beauty, you own Your Content. We own the Danessa Myricks Beauty Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights“) associated with the Danessa Myricks Beauty Content and the Service, 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 Danessa Myricks Beauty 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 Service and the Danessa Myricks Beauty Content are retained by us.
Danessa Myricks Beauty and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. Except as you and we may otherwise agree with regard to revenue sharing (see, for example, our Partner Program), you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- CONTENT FEEDS
We make some of the Site Content (the “Feed Content“) available via Real Simple Syndication, Atom or other feeds (the “Feeds“). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site“), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Danessa Myricks Beauty’s websites, and attributes Danessa Myricks Beauty as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Danessa Myricks Beauty promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Danessa Myricks Beauty’s systems. Danessa Myricks Beauty reserves all rights in the Feed Content and may terminate or suspend any or all of the Feeds at any time. Please select “Partnerships” on our contacts page here to inquire about other possible uses of the Feeds.
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.
We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
- YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO USE THE SERVICE TO:
- Violate our Content Guidelines;
- 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 Service for commercial purposes, except as expressly permitted by Danessa Myricks Beauty;
- 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; or
- Violate any applicable law.
- YOU ALSO AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:
- Violate the Terms of Service;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by Danessa Myricks Beauty;
- 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 Service or any Site Content;
- Reverse engineer any portion of the Service;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Danessa Myricks Beauty’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service 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 Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service 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 Service or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
- Guidelines and Policies
- CONTENT GUIDELINES
You represent that you have read, understand and agree to our Content Guidelines.
- COPYRIGHT AND TRADEMARK DISPUTES
Please see our Copyright Policy for information about copyright and trademark disputes.
- Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, display, distribute and sublicense the Feedback.
- Third Parties
The Service may include links to other websites or applications (each, a “Third Party Site“). We do not control or endorse any Third Party Site. 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.
Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify and hold Danessa Myricks Beauty, its parent, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including from costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Danessa Myricks Beauty 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 Danessa Myricks Beauty. Danessa Myricks Beauty will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF DANESSA MYRICKS BEAUTY AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “DANESSA MYRICKS BEAUTY ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
- THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
- THE DANESSA MYRICKS BEAUTY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE DANESSA MYRICKS BEAUTY ENTITIES ARE 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 BUSINESSES LISTED ON THE SERVICE.
- THE DANESSA MYRICKS BEAUTY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE OR ANY PRODUCT OR SERVICE THAT IS THE SUBJECT OF INFORMATION ON ITS SITE. ACCORDINGLY, THE DANESSA MYRICKS BEAUTY ENTITIES ARE 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 SERVICE.
- THE DANESSA MYRICKS BEAUTY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
- THE DANESSA MYRICKS BEAUTY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE DANESSA MYRICKS BEAUTY ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE DANESSA MYRICKS BEAUTY ENTITIES DISCLAIM 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 DANESSA MYRICKS BEAUTY OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
- Choice of Law and Venue
New York law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Danessa Myricks Beauty (a “Claim“), without regard to conflict of law provisions. 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 SAN FRANCISCO COUNTY, CALIFORNIA.
- You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing Danessa Myricks Beauty with a notice of termination by emailing us here. If you close your account, we may continue to display Your Content.
- We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
- In the event of any termination, whether by you or us, Sections 1, 4, 5, 6, 10 – 14 of these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
- General Terms
- We reserve the right to modify, update, or discontinue the Service 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 Service by email, regular mail or communications through the Service.
- Except as expressly stated herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
- Any failure on Danessa Myricks Beauty’s part to exercise or enforce any right or provision of the Terms of Service 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.
- If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
- The Terms of Service are not assignable, transferable or sublicensable by you except with Danessa Myricks Beauty’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
- The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
You and Danessa Myricks Beauty agree that any and all disputes arising out of, affecting, or relating in any way to the Service, including any products or services Danessa Myricks Beauty has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with Danessa Myricks Beauty, including the use of this website (the “Claims”), shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. Notwithstanding the Choice of Law and Venue provision above, this Arbitration provision shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue.
- Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including injunctive relief. The Arbitrator shall follow the law and shall not be entitled to make errors of law. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any Court with jurisdiction to the extent the arbitrator makes an error of law. The Arbitrator shall be entitled to award the prevailing party attorneys’ fees and costs if provided for under applicable law.
- Any determination as to whether this Arbitration provision is valid or enforceable in part or in its entirety shall be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
- Class Action Waiver. ANY ARBITRATION OF A CLAIM SHALL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
- Severability Relating to This Arbitration Provision. In the event the Class Action Waiver in this Arbitration provision is found to be unenforceable for any reason, the remainder of this Arbitration provision shall also be unenforceable. If any provision in this Arbitration provision, other than the Class Action Waiver, is found to be unenforceable, then the remaining provisions shall remain fully enforceable.