Beautivision™ is a trademark of The Hallstar Company.

TERMS OF USE

Effective Date: August 30, 2019

Last Revised: August 30, 2019

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

1.    General

2.    Authorized Users

3.    User Names, Password & Account Access

4.    Legal Notices

5.    Beautivision Content

6.    User Content

7.    Community Guidelines

8.    No Infringing Use

9.    DMCA Notice

10.  Security

11.  Communications

12.  Your Account

13.  Privacy

14.  Indemnity

15.  Warranty Disclaimer

16.  Limitation of Liability

17.  Binding Arbitration / Class Waiver

18.  Limited Time to Bring Your Claim

19.  Governing Law

20.  Miscellaneous

 

1. General  
Thank you for downloading the Beautivision SmartEye application for Android use (“App”).  HallStar Beautivision (“Beautivision”) owns and operates the App and the website (www.mybeautivision.com) (“Website”).  Your use of the Website, the App and the information, content and services available through this Website and App (collectively, the “Beautivision Services”) are subject to these Terms of Use (“Terms of Use”).

 

(a)   These Terms of Use are current as of the effective date set forth above and was last revised as of the date set forth above.  We reserve the right to change these Terms of Use from time to time. Please consult these Terms of Use for important changes to the Terms of Use as Beautivision may, at any time, and without notice, revise these Terms of Use by updating this posting. 
 

(b)   Please read these Terms of Use carefully.  By accessing or using the Beautivision Services, you are bound by these Terms of Use and any revisions; you should therefore periodically visit this page to review the current Terms of Use. Access or use of the Beautivision Services following any change to the Terms of Use constitutes your agreement to those changes. If at any time you choose not to accept the terms of these Terms of Use, you should not access or use the Beautivision Services.
 

(c)   Beautivision may, at its sole discretion, and at any time, discontinue the Beautivision Services or any part thereof, with or without notice, or may prevent your use of the Beautivision Services with or without notice to you.  You agree that you do not have any rights in the Beautivision Services and that Beautivision will have no liability to you if the Beautivision Services is discontinued or your ability to access the Beautivision Services or any content you may have posted on the Beautivision Services is terminated.

 

2.  Authorized Users

You affirm that you are over the age of 18.  If you are under 18 years of age, you may not access or use the Beautivision Services absent the consent of a parent or guardian.  Subject to these Terms of Use, you may not access or use the Beautivision Services if you are unable to form a legal binding agreement with Beautivision.  

 

3.  User Names, Password & Account Access

Any right given to you to obtain information or documents from the Beautivision Services is not transferable or assignable without the prior written consent of Beautivision.  If you use any part of the Beautivision Services that requires a user name, account or password, you will be responsible for maintaining the confidentiality of that user name, account or password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name, account or password. In the event the confidentiality of your user name, account or password is compromised in any manner, you must notify Beautivision immediately. Beautivision reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Beautivision Services and your accessibility.  Notwithstanding the foregoing, Beautivision may rely on the authority of anyone accessing your account or using your user name or password and in no event and under no circumstances shall Beautivision be held liable to you for any liabilities or damages resulting from or arising out of:  (a) any action or inaction of Beautivision under this provision; (b) any compromise of the confidentiality of your user name, account or password; and (c) any unauthorized access to your user name, account or use of your password.

 

4.  Legal Notices

We post legal notices on pages or the links of the Beautivision Services. You shall not remove these notices or credits, or any additional information contained along with the notices and credits.  The Beautivision Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of Beautivision or other parties.  No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of Beautivision is granted to or conferred upon you. 

 

5.  Beautivision Content

Content received through the Beautivision Services that is provided by Beautivision, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Beautivision Content”) is the property of Beautivision and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.  You are authorized to access and use the Beautivision Services and related Beautivision Content as set forth in these Terms of Use, provided that:  (a) your use of the Beautivision Services and Beautivision Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the Beautivision Services or Beautivision Content on any media without Beautivision’s prior written or electronic approval; (c) you will not alter, adapt or otherwise modify any part of the Beautivision Services or Beautivision Content other than as may be reasonably necessary to use that part of the Beautivision Services or Beautivision Content for its intended purpose; and (d) you will otherwise comply in full with these Terms of Use.

 

6.  User Content 

The Beautivision Services may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content (“User Content”) by you and other users on certain areas of our Beautivision Services.

 

(a)   The nature of this Beautivision Services is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by Beautivision at our discretion.

 

(b)   You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it.  With respect to any User Content you submit, you affirm, represent and warrant that:  (a) you own or have the necessary licenses, rights, consents or permissions to use and authorize Beautivision to use all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Beautivision Services and these Terms of Use; and (b) you have the written consent, release or permission of each identifiable individual person in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such User Content in the manner contemplated by the Beautivision Services and these Terms of Use. 

 

(c)   As between you and Beautivision, you shall retain all of your ownership rights in and to the User Content you provide through our Beautivision Services.  However, by submitting User Content to Beautivision, you hereby grant Beautivision a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media), the User Content, in whole or in part, including future rights that Beautivision (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. 

 

(d)   You also hereby grant each user of the Beautivision Services a non-exclusive license to access your User Content through the Beautivision Services, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Beautivision Services under these Terms of Use (the “User License”).  Beautivision will have the right to refuse, remove or delete any User Content which it reasonably considers to violate these Terms of Use or to otherwise be illegal or objectionable.

 

7.  Community Guidelines

Your posting of User Content is subject to these Terms of Use, any additional terms posted for a specific feature, as well as the following submission rules, to which you agree to adhere through your use of the Beautivision Services:

 

(a)   By contributing this content you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms of Use. 

 

(b)   You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Beautivision.

 

(c)   You will not post any content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including—without limitation—the personnel of Beautivision.

 

(d)   You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Beautivision Services.

 

(e)   You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.

 

(f)   You will not use the Beautivision Services to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of the Beautivision Services.

 

(g)   You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.

 

(h)   You will not post any software to the Beautivision Services, nor will you post links to online locations or post files that do not comply with these Terms of Use, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Beautivision Services.

 

(i)   You will not modify in any way any specifications, technology, or application codes provided to you by Beautivision or as embedded in the User Content unless expressly authorized in writing by Beautivision.

 

(j)   You will not intentionally or unintentionally violate any applicable local, state, national or international law.

 

(k)   You will not collect any personal information about other users.

 

(l)   You will not share or transfer passwords or other access information with any other party, temporarily or permanently as applicable.

 

(m)   You will not use the Beautivision Services or any Beautivision Content in any way that harms any user of Beautivision. 

 

(n)   You will not use the Beautivision Services in any manner that could overburden, or impair the Beautivision Services (or the networks or systems connected to the Beautivision Services.

 

(o)   You may not use any device, software or instrumentality to interfere with the proper working of our Beautivision Services or disobey any requirements, procedures, policies or regulations of networks connected to the Beautivision Services.

 

(p)   Beautivision may cancel your account and delete all User Content associated with your account at any time without notice, if Beautivision deems in its sole discretion that you have violated these Terms of Use, the law, or for any other reason. Beautivision assumes no liability for any information removed from our Beautivision Services, and reserves the right to permanently restrict access to the Beautivision Services or a user account.

 

(q)   You understand that Beautivision has no responsibility to monitor any materials posted, transmitted, or communicated to or within the Beautivision Services. If you believe that something on the Beautivision Services violates these Terms of Use, please contact us at the following email: support@mybeautivision.com.

 

8.  No Infringing Use

Beautivision respects the intellectual property of others, and we expect our users to do the same.  It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Beautivision Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of Beautivision or other rights owners.

 

9.  DMCA Notice

If you are a copyright owner or an agent thereof and believe any User Content or other Beautivision Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to Beautivision through the agent listed below and containing the following information:

 

(a)   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

(b)   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

 

(c)   Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

 

(d)   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

 

(e)   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

 

(f)   A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

(g)   You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.

10.  Security

You are solely responsible for protecting the security and confidentiality of your account name and password, as applicable, and are accountable for any activity undertaken through your Beautivision account.  You shall not violate or attempt to violate the security of the Beautivision Services.  Violations of system or network security may result in civil or criminal liability.  Beautivision reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.

 

11.  Communications

With respect to all communications with Beautivision, including but not limited to feedback, questions, comments, suggestions and the like:  (a) you shall have no right to confidentiality in your communications and Beautivision shall have no obligation to protect your communications from disclosure; (b) Beautivision shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Beautivision shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

 

12.  Your Account

You represent that any information you post or provide to Beautivision by means of this Beautivision Services, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith.  You may never use another user’s account without permission.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You must notify Beautivision as soon as possible of any breach of security or unauthorized use of your account.

 

13.  Privacy

Your privacy is important to us.  Our Privacy Policy is incorporated into, subject to and made part of these Terms of Use.  To review the Beautivision Privacy Policy, click here.

 

14.  Indemnity

You agree to indemnify and hold Beautivision and its agents and licensors harmless from any claim or demand, including costs or attorneys’ fees, made by any third party due to or arising out of User Content or other content you submit, post to or transmit through the Beautivision Services, your violation of these Terms of Use, or your violation of any rights of another person or entity.

 

15.  Warranty Disclaimer

YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  BEAUTIVISION MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS.  ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION.  BEAUTIVISION DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

16.  Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BEAUTIVISION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR USE, ACCESS TO, USE OF OR THE OPERATION OF THE BEAUTIVISION SERVICES.  YOUR SOLE AND EXCLUSIVE REMEDY AND BEAUTIVISION’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE BEAUTIVISION SERVICES.

 

17.  Binding Arbitration / Class Waiver

You and Beautivision agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy and the Beautivision Services (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.

 

(a)   YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND BEAUTIVISION ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE BEAUTIVISION SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR BEAUTIFICATION'S PRIVACY POLICY AND PRACTICES (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY "RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

 

(b)   Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Beautivision will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Beautivision also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.

 

(c)   The arbitration may be conducted in Chicago, Illinois or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction. 

 

(d)   For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at
800-778-7879 or visit the AAA website at www.adr.org

 

(e)   To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. 

 

(f)   YOU AND BEAUTIVISION AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AND Beautivision FURTHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES FOR SUCH A RIGHT.

 

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (i) a violation of your or Beautivision's intellectual property rights in any manner; (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

 

18.  Limited Time to Bring Your Claim

You and Beautivision agree that any cause of action arising out of or related to the Beautivision Services or any Beautivision Services Information must be commenced within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

 

 

19.  Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflicts-of-laws principles.

 

20.  Miscellaneous

Both you and Beautivision acknowledge and agree that no partnership is formed, and neither of you nor Beautivision has the power or the authority to obligate or bind the other.

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

 

If Beautivision fails to act with respect to your breach or anyone else’s breach on any occasion, Beautivision is not waiving its right to act with respect to future or similar breaches.

 

The failure of Beautivision to comply with the Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Beautivision, shall not be deemed a breach of these Terms of Use.

 

These Terms of Use constitute a binding agreement between you and Beautivision, and are accepted by you as a condition for your use of the Beautivision Services or your account. These Terms of Use constitute the entire agreement between you and Beautivision regarding the use of the Beautivision Services and your account.