Perfect365 Terms of Service

Perfect365 Terms of Service

Updated: September 21, 2018

These Terms of Service (the “Terms of Service”) govern the use of the mobile and internet-based services and business tools offered by Perfect365, Inc. (the “Company”, “Perfect365”, “we” or “us”) at and through the website perfect365.com (the “Website”) and through mobile application Perfect365 (such services, application, and the Website are collectively referred to as the “Service”). The Company’s Privacy Policy are also considered part of these Terms of Service and are incorporated by reference into these Terms of Service in their entirety. In the event of a conflict between these Terms of Service and any other terms posted on the Website with respect to the Perfect365 mobile application, the terms of these Terms of Service shall govern.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN THE COMPANY AND YOU WHICH GOVERNS YOUR USE OF THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 16 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICE.

 If you are accepting these Terms of Service and using the Service on behalf of a company, organization, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.

 

1. The Perfect365 Service

Company provides a makeup and beauty platform that connects makeup enthusiasts or consumers (“you” or “Clients”) with brands, stylists, pro artists, beauticians and professionals (collectively or individually, “Professionals”). Using amazing technology available on Perfect365 mobile application, you can virtually try on looks created by the Professionals and digitally experiment with new colors and styles before applying them in real life. Through the Service, Professionals may provide makeup, beauty and other styling services (“Styling Services”) to you. The Professionals and Clients are both users of the Service provided by Company and are hereinafter referred to collectively as “Users.” Company may from time to time provide certain services to you for an additional fee that may, among other things, enable Professionals and you to connect more easily.

 

2. Accounts

Access and Use of the Service

In order to use the Service, we may ask you to create an account with the Company (an “Account”) and select a password and/or provide us with certain personal information, which may include your name, e-mail address, phone number, gender and, in some cases, payment information. This information will be held in accordance with our Privacy Policy.

By creating an Account, you are granted a right to use the Service provided by the Company subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. You are responsible for any activity that occurs through your Account and you agree to keep supplying us with accurate, complete, and up-to-date information, particularly your e-mail address. You also agree not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to the Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. We reserve the right to reject an account application, remove incorrect information from user’s profile, or suspend or terminate the Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

You agree that you will not solicit, collect or use the login credentials of other users. You are responsible for keeping your password secret and secure. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio, and video clips, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service. You agree that you are responsible for all data charges you incur through use of the Service.

 

Termination of Accounts

The Company reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time, with or without notice. We may also suspend your access to the Service and your Account if you (a) have violated the terms of these Terms of Service, or any other agreement you have with the Company, (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (c) for any other reason in Company’s sole discretion. You may terminate your use of the Service by terminating your Account at any time.

 

Termination Effects

If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Service, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that the Company shall not be liable to you or any third party for termination or suspension of access to the Service or for deletion or hiding of your information or account data. You agree that the Company may retain and use your information and account data as needed to comply with investigations and applicable law. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or in connection with any termination or suspension of the Service. The Company is not liable for any losses relating to actions by any user that are deceptive, fraudulent or otherwise invalid as determined in the Company’s sole discretion (“Fraudulent Actions”). By using the Service, you hereby release the Company from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify the Company of any Fraudulent Actions which may affect the Service. The Company reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in Fraudulent Actions.

 

Limitations and Changes to the Service

We may change, modify, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and the Company shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. The Company has no obligation to maintain or update the Service or to continue producing or releasing new versions of the Service.

We will make reasonable efforts to keep the Service operational 24 hours a day, 7 days a week, except for: (i) planned downtime; or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username or profile name for any reason.

 

Restrictions to the Service

We do our best to keep the Service safe and spam free, but can’t guarantee it. In order to help us do so, You agree not to:

  • share your login credentials of the Account, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
  • solicit, collect or use login credentials or access an account belonging to someone else.
  • send or otherwise post unwanted email, comments or other forms of commercial or harassing communications (such as spam) to any Users.
  • collect Users’ content or information, create accounts with the Service, or otherwise access the Service through unauthorized means including but not limited to, by using an automated device, script, harvesting bots, robots, spiders, crawler, or scrapers.
  • use the Service for any unlawful, misleading, malicious, discriminatory, illegal or unauthorized purpose.
  • post content that is violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, threatening, pornographic or sexually suggestive via the Service.
  • defame, stalk, bully, intimidate, abuse, harass, threaten, impersonate or intimidate any User.
  • impersonates any person or entity, including without limitation any employee or representative of the Company in connection with your use of the Service.
  • interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  • do anything that could disable, overburden, or impair the proper working of the company or the Service, such as a denial of service attack.
  • change, modify, adapt or alter the Service or change, modify or alter another website or mobile application so as to falsely imply that it is associated with the Service or the Company.
  • decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service.
  • attempt to restrict another User from using or enjoying the Service.
  • facilitate or encourage any violations of these Terms of Service or any other terms.

You agree to comply with all laws, rules, and regulations applicable to your use of the Service and your Content and take full responsibility for your activities in connection with the Service.

3. Proprietary Rights

Company Property

The Service and its content are protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Service or the Company Property. Unauthorized reproduction or distribution of the Service, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

Some of the Service are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Company may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.

We provide you a limited license and right to use any virtual currency offered or included in the Service. You do not own any virtual currency offered or included in the Service, regardless of whether you “earned” or “purchased” the virtual currency. You are not allowed to sublicense, transfer, trade, sell, or attempt to sell any virtual currency outside of the Service. Any such transactions will not be recognized as legitimate and we reserve the right to terminate or suspend your Account as a result of such a transaction.

It is the Company’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, the Company does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that the Company is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

 

Your Content

The Company does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to the Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Company’s Privacy Policy.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

You agree that the Company is not responsible for, and does not endorse, Content posted within the Service. The Company does not have any obligation to prescreen, monitor, edit, or remove any Content or accounts. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.

We reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by the Company in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

Subject to the terms and conditions of this Terms of Service, the Company will use reasonable efforts to store your Content, if any, in connection with your use of the Service if such storage is a feature provided with the Service. You acknowledge and agree that the Company shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that the Company is under no obligation to preserve, provide access to or return to you any Content.

Except as otherwise described in the Company’s Privacy Policy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place the Company in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of the Company, and the Company will not be liable for any use or disclosure of any Content you provide.

 

4. Styling Services

Company solely provides a platform for Professionals and you to connect and serves only as a medium to facilitate the provision of Styling Services. Company does not provide or contract for Styling Services, and Professionals and you contract independently for the provision of Styling Services. You are solely responsible for selecting the Professional, the Styling Services to be provided and the location at which Styling Services will be performed, whether on the premises of a Professional or at a site designated by you. Any decision by you to receive Styling Services is a decision made in your sole discretion and at your own risk. you understand and acknowledge that (i) the Company does not conduct background checks on Professionals and (ii) any provision of Styling Services in a private location inherently increases the risks involved for both Clients and Professionals. 

Company does not have control over the quality, suitability, reliability, availability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Styling Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Company makes no representations or warranties whatsoever with respect to Styling Services offered or provided by Professionals or requested by Clients through use of the Service, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. 

You understand that Company does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Company does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Styling Services on the Service. Company does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service. Notwithstanding the foregoing, Company may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not Company conducts a background check or first party interview on a Professional, You must decide whether a Professional is suited to your needs and should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with anyone you don’t know. NEITHER COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

 

Customer Care in connection with Styling Services

Professionals, as a separate entity from the Company, are solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Styling Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes.

5. Third Party Service

There may be links in the Service, or from communications, you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also include third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. The Company does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that the Company is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if the Company has not itself provided such information; (iii) your use of an Application is at your own option and risk, and you will hold the Company harmless for activity related to the Application; and (iv) you expressly relieve the Company from any and all liability arising from your use of any third-party website.

6. Virtual Currency

We may offer or include opportunities for you to use virtual currency in connection with the Service. If you choose to use virtual currency in the Service, you agree that: (i) you are using virtual currency at your own risk, on an as-is and where-is basis; (ii) the Company does not make any representations or warranties about the monetary value or usability of such virtual currency outside the Service; (iii) the Company may discontinue its use of virtual currency within the Service at any time for any reason; (iv) the Company’s may refuse to compensate or reimburse you for any virtual currency previously earned or purchased lost or terminated as provided in Section 2 above; and (v) the Company is not responsible for any virtual currency purchased, earned, acquired, sold, transferred, or in any way used outside of the Service, including directly through any virtual currency provider’s applications, websites, or links. While there may be links in the Service, or from communications you receive from the Service, to third-party websites or features offering or including virtual currency, these opportunities are from third-parties and not the Company and it is your responsibility to carefully review each opportunity.

 

7. Updated Terms

We reserve the right, in our sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.

 

8. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH PROFESSIONALS AND IN THE RECEIPT OF STYLING SERVICES. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.

THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF STYLING SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICE WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

9. Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) STYLING SERVICES FACILITATED BY THE SERVICE OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND

DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICE OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

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 may not apply to you.

THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICE. BECAUSE THE COMPANY IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY STYLING

SERVICE, YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF STYLING SERVICES OR OTHERWISE.

 

10. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Service; (ii) Styling Services facilitated by the Service or any interaction between You and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Service. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Service.

11. Dispute Resolution

Informal Negotiations

To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), You and the Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your email address you have provided to the Company. The Company’s address for such notices is legal@perfect365.com.

 

Binding Arbitration

If you and the Company are unable to resolve a Dispute through informal negotiations, all claims arising from the use of the Service shall be finally and exclusively resolved by binding arbitration. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share or arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Arbitration will take place in San Francisco County, California. You agree that any claim you may have arising out of or related to your use of the Service must be filed within one year after such claim arose; otherwise, your claim is permanently barred. Except as provided herein, this “Binding Arbitration” section will survive any termination of these Terms of Service.

 

12. Privacy

Our collection of data and information via the Service from you and others is subject to our Privacy Policy which is available at https://perfect365.com/about/privacy-policy  and is incorporated herein (the “Privacy Policy”). You understand that through your use of the Service that you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.

 

13. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

14. Miscellaneous

Entire Agreement / Severability

This Terms of Service constitutes the entire agreement between you and the Company regarding the Service and governs your use of the Service superseding any prior agreements between you and the Company. If any part of this Terms of Service is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

 

Assignment

No terms of this Terms of Service, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with the Company’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Company may assign, transfer, or delegate this Terms of Service or any right or obligation or remedy hereunder in its sole discretion.

 

Waiver

Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.

Governing Law

This Terms of Service will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to their conflict-of-law provisions.

 

Notice

All notices under this Terms of Service shall be in writing and shall be deemed to have been duly given if transmitted by confirmed email.  All notices shall be sent to the following email address: legal@perfect365.com

 

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that the Company provides.

Software and technologies related to or made available by the Service (“Software”) may be subject to United States export controls. Thus, no Software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any Software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

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