Effective Date: Feb 16, 2021
WEBSITE TERMS OF SERVICE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
ARBITRATION NOTICE: BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE WEBSITE TERMS OF SERVICE (“TOS”), INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN SECTION 22 AND AGREE TO ABIDE BY THEM, AS THEY MAY BE AMENDED BY US FROM TIME TO TIME IN OUR SOLE DISCRETION.
YOU AGREE THAT BY ACCESSING OR USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION, THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THESE TOS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TOS.
- Modification. We may, in our sole discretion and without prior notice, revise these TOS at any time. We will notify you any revision to these TOS by posting a notice on our homepage at https://serendibeauty.us/pages/terms-of-sale or by other means, and the revision shall be effective immediately on such posting on the Site unless stated otherwise. It is your responsibility to review these TOS periodically to be aware of any revisions. If you do not accept these TOS in their entirety, you must immediately leave the Site and cease all use of the Site. Your continued access or use of our Site will constitute your acceptance of the TOS as changed.
- User Account. In order to make online purchases or access certain parts of our services on our Site, you may need to register an account by providing the complete and accurate information requested on our application form. When you register an account, you will be asked to provide, among other things, your username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You agree that you are solely responsible for any activities or actions under your account, whether you authorized them or not. You may be held liable for any losses incurred by Serendi, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
You are responsible for updating your contact and other account information to keep it accurate and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
- Online Purchases and Other Terms and Conditions. All purchases through our Site are governed by our Terms of Sale (serendibeauty.us/termsofsale), which are hereby incorporated into these TOS. Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these TOS.
- Limited License. Subject to your agreement and compliance with these TOS, we grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Site for the purposes set for the in these TOS.
We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. In addition, we reserve the right to change all or part of our Site without any liability to you, at any time without any prior notice to you.
You may not access, use, copy, modify or distribute any of the Site in any manner not expressly authorized under these TOS. You may not reverse engineer, disassemble, or attempt to extract or otherwise use source code or other data from the Site unless expressly authorized by us.
- Ownership. We do not transfer or grant to you any rights, title, or interests in or related to the Site and associated intellectual property rights except for the limited license granted above. We retain full and complete title to the Site, as well as all intellectual property rights therein. All trademarks, service marks, logos, and trade names are owned by us or out licensors, and you may not, without our prior written permission, copy or use them in any manner except as expressly authorized herein. Any rights not expressly granted herein are reserved by us.
- Product Images. The actual colors of our products that you see on our Site will depend on your monitor and device settings. As such, we do not guarantee that the colors of products as displayed on your monitor will be accurate.
- User Provided Content. We may, in our sole discretion, permit you to submit, post, upload, publish, send or transmit content through our Site.
- Content / User Content. The term “Content” means any information, data, text, files, images, graphics, photos, audio, video, works of authorship and other content and materials made available or transmitted through the Site. The term “User Content” means any Content that you submit, post, upload, publish, transmit or otherwise make available in connection with your use of the Site or other websites such as Facebook that may interact with this Site, including but not limited to, messages, comments, support requests, and any feedback, idea, or observation on our products and Site.
- License Granted by You. As between you and us, you own the User Content that you submit or post to the Site. However, by providing User Content to us through or as a result of use of the Site, you are granting us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license, with the right to sublicense, to use, make, copy, distribute, transmit, publicly display, publicly perform, modify, create derivative works of, translate, reformat, or otherwise exploit User Content for any purpose in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You agree that we may also publish or otherwise disclose your name in connection with your User Content. However, we shall have no obligation to credit or acknowledge you for your User Content or keep any User Content in confidence.
- You represent and warrant that you are the sole and exclusive owner of the User Content or otherwise have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above. Furthermore, you represent and warrant that the User Content or our use of the User Content will not infringe or violate a third party’s intellectual property rights, a third party’s rights of publicity or privacy, these TOS or any applicable law or regulation.
- Submissions. We do not solicit but welcome your comments regarding our products and services that you may decide to share with us or our user community voluntarily. But do not send us information or share it through the Site unless you are willing to let us and everyone in the world know about it. Any comment or feedback you provide shall be deemed non-confidential.
In addition, we shall have no obligation whatsoever with respect to such unsolicited information, including your ideas or observations on our products and services. On the other hand, we shall be free to use such information without any limitation or compensation to you for any purpose whatsoever. Such information you provide shall be deemed as User Content (described in Section 9(a)), for which you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license (also described in Section 9(b))
- Compliance with Laws. When accessing or using our Site, you agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s intellectual property or proprietary rights, rights of publicity or privacy, or any applicable law. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.
- Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, indecent, pornographic, abusive, threatening, fraudulent, unlawful or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (d) advertises or otherwise solicits funds or is a solicitation for goods or services.
We may, in our sole discretion, remove, edit or disable User Content for any reason, including if we reasonably believe that User Content violates these TOS. However, we do not assume any obligation or liability for screening, removing or not removing such User Content. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these TOS or of any applicable laws.
- Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site. In addition, you agree not to:
- access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- use the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
- forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site;
- attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software that we use in providing the Site;
- make any copy of or otherwise reproduce the content from the Site except as otherwise permitted by these TOS;
- rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the content to any third party;
- use data mining, robots, or similar data gathering and extraction tools with respect to any portion of the Site; and
- use the Site for any unlawful, unauthorized, fraudulent or malicious purpose or in any manner not permitted by these TOS.
We have the right to investigate and prosecute violation of these TOS (including violation of any of the above) to the full extent of the law. Any violation of system or network security may subject you to civil and/or criminal liability.
- Copyright Infringement/ DMCA Notice
Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- (i) Your physical or electronic signature.
- (ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- (vi) A statement that the information in the written notice is accurate.
- (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Attn: Copyright Agent
Serendi US, Inc.
9171 Wilshire Blvd., Suite 500
Beverly Hills, CA 90210
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- (i) Your physical or electronic signature.
- (ii) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- (iii) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- (iv) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- (v) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
- Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. 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 Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, third-party licensors and/or suppliers. 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 Serendi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Serendi. 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.
- Indemnity. You agree to indemnify, defend, and hold harmless Serendi, its affiliates, licensor, vendor and business partners, and their respective officers, directors, employees, consultants, agents, and representatives, from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of in connection with (i) your access or use of the Site, (ii) your violation of these TOS, (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Termination. We may terminate your access and use of our Site (including your access to your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason, and without liability to you. Without limiting the generality of the foregoing, if we determine in our sole discretion that you have violated these TOS or that there has been otherwise unlawful, improper or fraudulent use of our Site, we may terminate your use of our Site and delete your account without warning. We may also pursue other recourses against you to the full extent of the law. Notwithstanding such termination or revocation of any license granted hereunder, all provisions that by their nature are intended to survive the termination of these TOS, including but not limited to Sections 3, 7, 9, 10, 15-19, and 22-28, shall survive and continue to apply.
- No Warranties. The Site and all contents thereof, whether provided by us, our licensor, vendors or users, and other information on or accessible from the Site are provided “as is” without warranty of any kind, either expressed or implied. To the maximum extent permitted by law, we hereby disclaim all representations and warranties, express, implied or statutory, regarding our Site, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, as well as any warranties alleged to have arisen from custom, usage, or the course of dealing between the parties. In addition, we do not warrant or make any representations regarding the correctness, accuracy, reliability, suitability, quality, timeliness, or availability of the Site, or that the Site or the server that makes the Site available will be uninterrupted or free from errors, bugs, corruption, loss, interference, hacking, virus, or other harmful components. You assume the risk of any and all damage or loss arising from your use of, or inability to use, the Site. Applicable law may not allow the exclusion of implied warranties so some of or the entire exclusion may not apply to you.
- Limited Liability. To the maximum extent permitted by law, Serendi and its employees, directors, officers, affiliates, agents, licensors and business partners, shall not be liable for indirect, consequential, special, incidental, or punitive damages, including without limitation, lost profits, lost data, cost of replacement goods or services, business interruption, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Site, regardless of the foreseeability of those damages, and even if Serendi has been advised of the possibility of such damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (including negligence), statute, strict liability, or any other legal theory or form of action. You may recover only direct damages in any amount no greater than what you actually paid for while using the Site. As some states do not allow the limitation or exclusion of liability, some or all of the above limitations and exclusions may not apply to you.
- Trademarks and Attributions. The following is a listing of certain trademarks owned by Serendi: Serendi, Serendi Beauty, Blossome, Bubbletox, La-Bloom, Puredela, Teatox.
Any other trademarks, service marks, logos, trade names and any other proprietary designations used or displayed on the Site are the trademarks or registered trademarks of Serendi’s licensors, third-party suppliers, and/or other providers of content or services.
- Links. We have no control over, and assume no liability for any third-party websites or materials that may be linked to or from the Site. Such links are provided for your convenience only, and the inclusion of such links should not be interpreted as an endorsement of those sites or contents thereof. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we are not responsible for the content of those sites.
- Arbitration. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION.
All disputes, claims or controversies arising out of or relating to these TOS, our Site or the relationship between you and us (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these TOS. The Disputes do not include any claim regarding the infringement, protection or validity of intellectual property rights, Serendi’s claim for injunctive or other equitable relief, or a claim brought in small claims court.
Either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to us should be addressed to: Serendi US, Inc., 9171 Wilshire Blvd., Suite 500, Beverly Hills, CA 90210, ATTN: Legal. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.
Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. Arbitration of any claim not exceeding $25,000 will be conducted solely on the basis of documents you and Serendi submit to the arbitrator. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. Either party may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND SERENDI AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Unless you and we otherwise agree, arbitration will take place in the county where you live. For residents outside the United States, arbitration shall be initiated in Los Angeles County, State of California, United States of America.
If the arbitrator rules in your favor on the merits of any claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made before our final written submissions to the arbitrator, then we will reimburse the arbitration fees that you paid to the AAA.
* Notwithstanding the provisions of Section 2 (Modification), if Serendi changes this Section 22 (Arbitration) after the date you first accepted these TOS (or accepted any subsequent changes to these TOS), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” or in the Serendi’s email notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Serendi in accordance with the provisions of the “Arbitration” section (however entitled) of TOS that was mostly recently accepted by you.
- Limitation on Claims. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR YOUR RELATIONSHIP WITH SERENDI MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE YOUR CLAIM IS PERMANENTLY BARRED.
- Governing Law. These TOS shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes, except claims and dispute subject to the arbitration agreement above, arising out of or related to the use of the Site.
- Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any of these TOS to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these TOS shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- Geographic Limit/ Local Laws. We provide this Site for use only by persons located in the United States. Those who access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
- No Assignment. You may not assign these TOS or any of the rights granted by Serendi hereunder, in whole or in part, without the prior written consent of Serendi, and any attempt to do so shall be void. We may assign these TOS without your consent to our affiliate or subsidiary company, any person or entity acquiring our business or assets, or successor of Serendi. These TOS are binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
- Contact Us. If you have any questions about these TOS, please contact us by sending a letter to:
Serendi US, Inc.
9171 Wilshire Blvd., Suite 500
Beverly Hills, CA 90210
You may also contact us by e-mail at firstname.lastname@example.org.