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Terms of Service

Updated July 27, 2020

BY USING OR ACCESSING THE BEAUTY CIRCUIT WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY.

THE BEAUTY CIRCUIT website and all related sites and domains (collectively, the “Website”) is owned, operated and maintained by The Beauty Circuit, LLC (“TBC,” “we,” “us,” “our”), 2823 E. MLK Jr. Blvd. #1234, Austin, TX, 78702; info@thebeautycircuit.us.

TBC’s virtual event platform provided via the Website provides a safe and convenient online venue for individuals and beauty and personal care professionals (including their associates and staff) to meet, network with, and learn from industry experts and vendors during prescheduled online events (“Events”), to develop professional relationships, and to purchase products at Event prices (the “Service”).

By accessing the Website or using the Services, or by registering for a TBC account, you agree that you can form and are forming a binding contract with us, that you have read and agree to follow and be bound by the these terms and conditions for the use of the Website and Services, that you have read and agree to accept our Privacy Policy at www.thebeautycircuit.us/privacy, which is an important part of and incorporated into these terms and conditions (the Terms of Service and Privacy are collectively referred to as the “TOS”).

The TOS are in addition to any terms and conditions (including, but not limited to payment terms) that you may agree to as an advertiser, sponsor, Attendee, exhibitor, employer, recruiter, or other customer of TBC products and services. Please address any questions or concerns regarding these TOS to TBC: info@thebeautycircuit.us.

You are prohibited from using the Services or registering for a TBC account if you do not accept and agree to be bound by the TOS. Registration for a TBC account and participation on the Website is restricted to those individuals legally permitted to accept the TOS. If you do not have the capacity to enter into a contract, do not use the Website. If you are registering for an account in the name of a corporation, company or other entity, you are representing that you have proper authority to do so and that you are able to bind that entity as its agent.

If you are under the age of 13, the Website is not intended for your use, and TBC may delete your account and any information collected by the TBC system without notifying you.

MODIFICATION TO TERMS

TBC reserves the right to update and change the TOS from time to time without notice. Any new features that augment or enhance the Services, including the release of new tools and resources, are subject to the TOS. The date of the most recent update to the TOS can be found at the top of this page. When you visit the Website or use the Services, you should visit the TOS to see if any changes have been made since your last visit. Continued use of the Services after any such changes shall constitute your consent to such changes.

GENERAL CONDITIONS

You understand that TBC operates this Website and provides the Services for the purpose (the “Intended Purpose”) of conducting Events and facilitating introductions and the exchange of information between Event attendees (“Attendees”) who wish to meet and share contact and other information with the vendors and other participants in each Event (“Exhibitors”) as well as any Event Sponsors (“Sponsors”).  Attendees, Exhibitor, and Sponsors are known collectively as “Website Users.”

WEBSITE PURCHASES

Attendees may attend an Event by purchasing a ticket for that Event. Ticket purchases are non-refundable once made. You may attend an Event, view content provided by Exhibitors and Sponsors, and engage with others on the Website without making additional purchases. Products and services may be available from Exhibitors and Sponsors for purchase (“Event Purchases”), and you understand that TBC may earn a commission or royalty from the Exhibitors and Sponsors in connection with Event Purchases.

You agree that your purchasing relationship for Event Purchases will be at all times solely with the Exhibitor or Sponsor advertising the applicable items for sale. You agree to hold TBC harmless from any liability in connection with Event Purchases, including, without limitation, for any consequences, foreseeable or unforeseeable, arising in connection with the purchase or use of such products and services. TBC makes no representation as to and is not responsible for the availability of specific products or services or for their availability in the quantities that you may require. Exhibitors and Sponsors are requested to deliver Event Purchases to purchasers within twenty-one (21) days following the conclusion of the applicable Event, unless otherwise stated and subject to delays beyond their control. Notwithstanding the foregoing, you agree that the applicable Exhibitor or Sponsor is solely responsible for the delivery of Event Purchases and the fulfillment of any warranties that may be provided in connection with such goods and services, including, but not limited to, any warranty of merchantability or fitness for a particular purpose.

Any return or refund in connection with Event Purchases is solely the responsibility of the individual vendor and not of TBC; provided that TBC, in its sole discretion, may assist parties in their communications with regard to such matters. Some Event purchases may be nonrefundable or nonreturnable.

To benefit from Event pricing, purchasers are required to make all Event Purchases through an Event shopping cart via the Website. Payment for purchases will be securely processed by our third-party payment processor when you check out. We do not see, record, or have access to any credit card information or payment details, and you agree that we are not responsible for any theft or data breach in connection with such payment transactions. You agree that each Event shopping cart is provided as a convenience to the purchaser and applicable Exhibitor or Sponsor does not create any obligation on the part of TBC with respect to Event Purchases.

Certain Event Purchases may be eligible for purchase in no-interest monthly installments (each an “Installment Sale”).  Event Purchases so eligible will be clearly marked as such. Event Purchases made via Installment Sale will require a payment via the Event shopping cart equal to one third of the purchase price and subsequent payments directly to the applicable Exhibitor as directed. By making such a purchase, you agree to pay the Exhibitor further installments as required by the terms of purchase advertised with the applicable item. The Exhibitor is an intended third-party beneficiary of these TOS for the sole purpose of enforcing such payment obligation.

USER CONDUCT

Our Website is a truly interactive platform where you may have the opportunity to interact both directly and indirectly with other Website Users. Any conduct or interaction on the Website that appears, in our sole discretion, to be discourteous, disrespectful, distracting, discriminatory, vulgar, or not focused primarily on the Intended Purpose may result in the suspension or termination of a Website User’s account access to the Events and future Events. By way of example, but not limitation, use of the Website to make purely social connections with other Website Users, to make position statements, to debate particular issues (whether relevant or non-relevant), to market or sell products or services if you are not an Exhibitor, to seek information regarding the TBC platform or method of operation, or to engage with others in any manner that creates offense or controversy or disrupts the Event experience for others is contrary to the Intended Purpose. TBC reserves the right at all times to determine, in its sole discretion, whether particular conduct conforms to the Intended Purpose of an Event.

You agree that you will use the Services only for the Intended Purpose and that you will not use the Services for any illegal purposes. You agree that, in using the Services, you will not misrepresent your identity or intentions, modify or delete any email or communication headers or packet identifying information in a manner that hides or misrepresents your identity, register for an account or attend any chat session under a false identity or pseudonym or for purposes other than the Intended Purpose, or modify, adapt or hack the Website in any manner whatsoever. You agree that you will not use the Website in any manner that could damage, disable, overburden and/or impair any TBC server, or the network(s) connected to any TBC server, and/or interfere with any other Website User’s use and enjoyment of the Website. If your account is terminated for any reason, any subsequent direct or indirect registration by you or on your behalf for any TBC Event without the express, written permission of TBC reinstating your account privileges is a breach of these TOS.

Verbal, physical, written or other abuse or harassment (including threats of abuse or retribution) of any TBC personnel or any other Website User, or your failure to follow reasonable instructions by TBC personnel, will result in immediate account termination and may result in legal action against you.

You agree not to deep-link to the Website or access the Website manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy or monitor any portion of the Website or any materials or other content on the Website without express written permission from TBC.® You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Services except as provided herein without the express written permission by TBC.

You understand that the technical processing and transmission of the Website, including, without limitation, any information or content that you provide while using the Website, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit “spam” messages via the Website or to any party with whom you have been introduced via the Website. For the foregoing purposes, “spam” means unsolicited messages in which the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients. Notwithstanding the foregoing, by using this Website, Website Users expressly grant Attendees, Exhibitors and Sponsors permission to contact and communicate with them, and such communications shall not be deemed unsolicited; provided, however, that Exhibitors and Sponsors agree to provide Attendees with an ongoing option to “opt out” of such communications. You must not transmit worms or viruses or any code of a destructive nature to TBC or to any person or organization to whom you have been introduced via the Website.

COPYRIGHT

All Website content not provided by Exhibitors or Sponsors, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, the “look and feel” of the Website, and the compilation of all content on the Website, is the exclusive property of TBC or its content providers and protected by United States and international copyright laws. Any unauthorized use, copying, reproduction, distribution, modification, downloading, display, mirroring, framing, or transmittal (in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or any other means now known or hereafter discovered), of any Website content is strictly prohibited.

Website Content provided by Exhibitors or Sponsors is solely the responsibility of the Exhibitor or Sponsor providing such content. Nothing in these TOS shall be construed as conferring any license or other grant of right to use any copyright, trademark or other intellectual property of TBC or any third party except as expressly set forth herein.

TBC will not knowingly display Website content that it believes infringes on the intellectual property of others and reserves the right to remove any such content without liability. It is not a requirement that such content be registered with the U.S. Copyright office to request that it be taken down. The fact that you believe the content is yours, or, in the case of a photograph or video that the subject is you, is sufficient to request that we remove the content pending further investigation. If you believe that any Website content breaches a copyright you own or control or features you without your permission, please address your concerns immediately to The Beauty Circuit, LLC 2823 E. MLK Jr. Blvd. #1234, Austin, TX, 78702; info@thebeautycircuit.us.

Our platform may provide you with interactive opportunities on the Website, including, without limitation, features such as chat rooms, bulletin boards, surveys, user ratings and reviews, saved favorites, and liked items, and Sponsors and Exhibitors may be provided with the opportunity to display demonstration videos, product images, info graphics, trademarks, service marks, and video appearances or demonstrations by prominent industry suppliers, guest speakers, celebrity endorsers, influencers, and others (all of the foregoing, collectively and without limitation, “User Content“). You represent and warrant that you are the owner of or otherwise have the right to provide and display all User Content that you submit, post, request to be posted, or otherwise transmit to the Website. You grant TBC an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable right to display User Content on the Website during Events, to use it for TBC marketing and promotional purposes, in its original or any edited form, without notification to or approval by you. TBC and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “TBC Parties”) will not be responsible for, and you hereby expressly release the TBC Parties from any and all liability in connection with your actions or the actions of any third parties with respect to User Content you provide. You agree that TBC may add a watermark or identifying symbol to User Content that you upload to the Website or provide to TBC for access by others.

TBC TRADEMARKS

“THE BEAUTY CIRCUIT” “TBC” and other identifying trade names, trademarks, and service marks on the Website are the registered or unregistered trademarks or service marks of TBC and are the exclusive property of TBC (“TBC Trademarks”). Use of the TBC Trademarks without permission is strictly prohibited. The trademarks and service marks of Exhibitors and Sponsors are solely the property of those Exhibitors and Sponsors. Neither TBC nor any Website User shall accrue any ownership in such marks or gain any right to use or display such marks except as expressly provided herein.

THIRD-PARTY LINKS

Links to third-party websites may be offered on the Website as a convenience to Website Users on the express condition that third-party websites are not owned or controlled by TBC, and TBC does not endorse and is not responsible for their content and makes no representation that any such third-party website contains appropriate material or may be accessed or used without harm.

PASSWORDS AND PASSWORD PROTECTED AREAS

You may be required to pay a fee, register, establish a password, and create an account in order to use certain features of the Website. Individuals attempting to access password protected areas of the Website or to gain access to accounts of others in violation of these TOS may be subject to prosecution under state and federal law. You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify TBC of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or personal information; and (b) ensure that you exit from your account at the end of each session. TBC will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

INDEMNITY AND WARRANTY DISCLAIMER

You agree to indemnify, hold harmless, and defend TBC Parties from and against any claim or demand, including reasonable attorney’s fees, in connection with your use of the Website or the Services, including, but not limited to, any User Content you submit to, post on or transmit through the Website, your use of the Services, your violation of these TOS, or your violation of any rights of another.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND ALL SERVICES IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TBC MAKES NO WARRANTY THAT (i) THE WEBSITE AND ANY SERVICES IN CONNECTION WITH THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE AND ANY SERVICES IN CONNECTION WITH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND ANY SERVICES IN CONNECTION WITH THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE ACCESSED VIA THE WEBSITE WILL BE CORRECTED. TBC DOES NOT PROVIDE A WARRANTY OF ANY SORT WITH RESPECT TO EVENT PURCHASES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE TO WAIVE ANY SUCH WARRANTY AND ALL LIABILITY OF TBC IN CONNECTION WITH EVENT PURCHASES.

The Website may include technical or other mistakes, inaccuracies or typographical errors. TBC may make changes to the Website and the services offered through the Website at any time, without notice. TBC makes no commitment to update or maintain any materials on the Website. TBC assumes no responsibility for errors or omissions in the information, materials, software and/or services which are provided through referenced by or linked to the Website. Neither TBC nor its officers, directors, employees, contractors, licensors or suppliers shall be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not TBC has been advised of the possibility of such damages, and regardless of the theory of liability, whether in contract, negligence or otherwise, arising out of or in connection with the use of the Website or of any website referenced or linked to or from the Website. In the event that such waiver is unenforceable, you agree that the value of any such damages shall be liquidated and limited to the cost of a standard, single Attendee admission ticket to the Event giving rise to such claim, the actual value of such damages being difficult or impossible to estimate or determine. The use of the Website or the downloading or other acquisition of any materials through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damages to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from TBC or through or from the Website shall create any warranty not expressly stated in this agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.

GOVERNING LAW

Although you may be attending a virtual event, all Services are deemed to have been provided in Fulton County, Georgia and in no other state or location, and you are deemed to be present in Fulton County Georgia for the purposes of using the Services. Any lawsuit filed by either party to enforce or construe any right granted under these TOS or to assert any claim arising from the services or the Website shall be filed exclusively in the State of Georgia in the County of Fulton. In connection with any such action, you consent to jurisdiction in the Courts of Georgia and agree that the laws of the State of Georgia shall apply and shall govern the determination of the action, regardless of any conflicts of law.

NO WAIVER

No delay, indulgence, or failure to take any action, or exercise any right that TBC may take or exercise pursuant to the TOS, TBC Privacy Policy or applicable law shall constitute a waiver of that action or right by TBC.

NO ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TBC ® without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.