Arcade Beauty Terms of Use

Terms Of Use

Legal Notices
Terms & Conditions of Use (Last update: November 1st, 2015):
All visitors to this site agree to be bound by the terms and conditions as follow. 

Acceptance of Terms; Changes to Terms

This website ("Site") is a service of Bioplan USA, Inc. and its corporate affiliates (collectively, referred to in these terms as “Arcade Beauty”).  We provide our Site to you subject to these Terms and Conditions of Use ("Terms"). By accessing and using this Site, you are agreeing that you have read and understand and agree to comply with and be bound by the Terms as well as any specifically posted guidelines or rules applicable to particular services or posted to our affiliates’ Websites.  If you do not accept the terms, please do not use the Site.  If you are accessing and using the Site on behalf of your employer or a company with which you are affiliated, by your access and use of the Site, such entity will also be bound by the Terms.  ARCADE BEAUTY RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME BY POSTING CHANGES ON-LINE.  YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ON-LINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES.  YOUR CONTINUED VISITS OR USE OF THE SERVICES THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.  Such change(s) will be effective upon posting and the effective date will be updated to let you know that they have been updated.  We reserve the right to correct any errors, inaccuracies or omissions. 
You agree that all information and content you provide us or share through this Site is governed by our Privacy Policy located at www.arcadebeauty.com/en/privacy-policy and you consent to all actions we take with respect to the information consistent with our Privacy Policy, which is incorporated and made a part of these Terms.
Information you may submit through the Site will not be treated as confidential or proprietary and you should take this into account in submitting information.  To avoid any disputes between us relating to any confidential or proprietary information that you have submitted to us you agree that, if you send us confidential or proprietary information, you are giving us the unrestricted right to use such information, and you waive and release us from claims that we have used or shared your confidential or proprietary information without your permission or attribution.

Persons Not of Age of Majority; Children’s Privacy

Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us.  This Site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the Site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on this Site, we will delete the information from our records.

Proprietary Rights, Copyright Information and Release

The Site contains information, text, photographs, designs, graphics, images, domains and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Arcade Beauty, including its divisions, parent companies, affiliates, subsidiaries or other third parties (the "Content").  We reserve all rights in and to the Content. References to the Site also include interactive services offered on or through the Site.  You acknowledge and agree that all rights to the Content belong to its respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Nothing in these Terms grants the user any license to our intellectual property, including our names, marks and logos, and you may not use or reproduce such marks, without Arcade Beauty's prior written permission.

Online Conduct

Your use of the Site is subject to applicable local, state, federal and international law (including laws regulating the sending of advertising or promotional material or commercial electronic messages such as “junk mail”, “spam”, “chain letters” or similar solicitations).  You agree your use of the Site is for your personal, non-commercial use only and you shall not use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site.  By way of example only, and not as a limitation, you specifically agree not to:
  • Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined at Arcade Beauty's sole discretion;
  • Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, e-mail or otherwise transmit any material that contains a software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Site service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • Violate the security of the Site;
  • Circumvent or reverse engineer the Site or its systems;
  • Collect or intercept personal data about users; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
Arcade Beauty grants permission to access and view the Site and to electronically copy and print in hard copy portions of the Site for the sole purpose of considering Arcade Beauty’s services. Any other use of the Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including, without limitation: modification, re-publication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the Content. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.  Arcade Beauty reserves the right to deny, suspend or terminate a user’s access to the Site for any reason, including for a breach of these Terms, without notice. 

Disclaimer

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, ARCADE BEAUTY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE COMPLETENESS, ACCURACY, SECURITY, RELIABLITY, QUALITY OR AVAILABILITY OF THE SITE AND ITS CONTENT AND MAKES NO WARRANTY THAT THE SITE IS FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.  ARCADE BEAUTY FURTHER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR THAT ANY OF THE CONTENT ON THE SITE IS LEGAL IN YOUR COUNTRY OF USE.  CONTENT AVAILABLE ON THE SITE FROM ARCADE BEAUTY IS FOR INFORMATIONAL PURPOSES AND ARCADE BEAUTY SHALL NOT BE DEEMED TO BE PROVIDING ADVICE AND SHALL NOT BE LIABLE FOR ANY ACTION YOU CHOOSE TO TAKE OR NOT TAKE BASED ON THE CONTENT OF THE SITE.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ARCADE BEAUTY, NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE, INCLUDING, WITHOUT LIMITATION, AS INCLUDED IN THE SITE’S CONTENT SHALL CREATE A WARRANTY.  IN ADDITION, ARCADE BEAUTY MAKES NO REPRESENTATION OR WARRANTY CONCERING THE CONTENT AVAILABLE DIRECTLY OR INDIRECTLY THROUGH THE SITE FROM A USER OR OTHER THIRD PARTY, INCLUDING AS MAY BE ACCESSED THROUGH LINKS ON OUR SITE, AND ANY DISPUTE BETWEEN USERS OR A USER AND A THIRD PARTY SHALL BE RESOLVED SOLELY BY SUCH PARTIES AND ARCADE BEAUTY DISCLAIMS ALL LIABLITY IN CONNECTION THEREWITH.  YOUR USE AND RELIANCE ON THE SITE AND ITS CONTENT ARE AT YOUR OWN RISK.  PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR ARE LIMITED UNDER APPLICABLE LAW. 

Limitation of Liability

IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE DIRECTLY OR INDIRECTLY THROUGH THIS SITE, OR ANY OF THE SITE’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.  IN NO EVENT WILL ANY OF ARCADE BEAUTY OR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, USE, BUSINESS, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR PERSON, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM ARCADE BEAUTY OR THE SITE, INCLUDING, WITHOUT LIMITATION, USER CONTENT OR THIRD PARTY LINKS, OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO ARCADE BEAUTY RECORDS OR THE SITE.
Some states do not allow the exclusion or limitation of liability for consequential or incidental damages.  Accordingly, certain of the above exclusions may not apply to you. However, in such states, Arcade Beauty’s liability is limited to the fullest extent permitted by law.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD ARCADE BEAUTY, ITS PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS IN CONNECTION WITH THE SITE AND BUSINESS PARTNERS, HARMLESS FROM ANY CLAIM, DEMAND, LOSS, DAMAGE, LIABILITY, JUDGMENT, COST AND EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND ITS CONTENT, THE VIOLATION OF THE TERMS AND CONDITIONS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Applicable Law

The Site is controlled by Arcade Beauty from its offices within the State of New York, United States of America. Since it can be accessed from all 50 states, as well as from other countries around the world, and applicable laws in other jurisdictions may differ from those of New York, by accessing the Site both you and Arcade Beauty agree that the statutes and laws of the State of New York and the United States, as applicable, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the Site and its Content.
YOU AGREE THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE SITE OR ITS CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES OR IT WILL BE DEEMED FOREVER BARRED AND SHALL BE BROUGHT EXCLUSIVELY IN THE FEDERAL OR STATE COURTS IN NEW YORK COUNTY, STATE OF NEW YORK, UNITED STATES OF AMERICA.  You waive any objection to the exercise of jurisdiction over you of such courts or to the venue of such courts.
Arcade Beauty makes no representation that the Site and its Content are appropriate or will be available for use in other geographies. You are responsible for your compliance with applicable local laws and regulations, including, but not limited to, the export and import regulations of other countries in relation to the Content and the third party content.

Links to Other Websites and Services; Third Party Materials

The Site may from time to time contain links to other sites of Arcade Beauty’s affiliated entities or third parties. Please be advised of the terms and conditions of use of such individual sites, which may differ from these terms and conditions, and your access and use of third party links or materials is at your risk.  We are not responsible for user or other third party links or materials you submit to websites not controlled by Arcade Beauty, including for their accuracy, completeness, security or legal compliance.  The access to such links, sites and materials does not constitute or imply an endorsement, sponsorship or recommendation by Arcade Beauty.

Security Rules

You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

Special Legal Considerations

Arcade Beauty reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any information, including, but not limited to, personal information furnished by you or collected by Arcade Beauty, to law enforcement authorities or other relevant or related third parties.

General

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Arcade Beauty to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Arcade Beauty in writing. The Terms (including the Privacy Policy) comprises the entire agreement between you and Arcade Beauty and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these Terms (including the Privacy Policy), Arcade Beauty reserves the right to terminate service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.

Your Copyrights

Arcade Beauty respects the intellectual property rights of others. If you believe that any content violates your copyright, please contact us for notice of claims of copyright infringement.  Such claims may be sent to: Arcade Beauty, 1700 Broadway, New York, New York 10019, Attention: Legal Department. You must provide us with the following information, which Arcade Beauty may then forward to the alleged infringer:
  • Describe the copyrighted work that you believe has been infringed;
  • Identify the material on the Site or other medium that you believe infringes your work, with sufficient detail to allow us to locate it;
  • Provide your address, telephone number, and e-mail address;
  • Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
  • Provide your physical or electronic signature.
Upon receiving your complaint, Arcade Beauty will evaluate your complaint and, without waiver of any right or defense, will remove Content if it reasonably believes the Content infringes your copyright.

Terms of Sale

Purchases of Arcade Beauty’s services are subject to the separate terms and conditions of sale executed between the parties as to the specific order and purchase.

Availability

Our goal is for the Site to be regularly available.  However, at times access will be unavailable or interrupted, including for maintenance, updates and reasons beyond our control.  We are not liable if the Site or Content is unavailable.
 
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