Welcome to Amabie!
Amabie LLC Terms of Service
Updated as of March 4, 2016
Amabie is an online platform for anyone and everyone interested in beauty reviews, beauty products, and beauty tips! Our goal is to provide you with an easy way to access beauty reviews and share your experiences with various beauty products (inclusive of Asian beauty products, such as Japanese beauty and Korean beauty products). You do not need to be a registered member to search or view our beauty reviews, but you must be a registered member in order to post beauty reviews, comment on our beauty forum or engage in any type of communication on our site.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
We control the Site from our offices within New York, USA and Taiwan. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions.
“You” and “your” refer to you, as a user of the Services.
A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Services.
“We,” “us,” and “our” refer to Amabie LLC.
“Content” means text, ratings, profile information, images, photos, graphics, audio, video, messages, forum postings, comments, questions, answers, location data, and all other forms of data or communication. "Post" or “Contribution” or “Comment” means any content on Amabie or otherwise make available by using Amabie. We mean anything you or other users post, provide or share using Amabie Services.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or disclose whether on your account profile or through the Services.
“User Content” means Content that users submit or transmit to, through, or in connection with the Services.
“Amabie Content” means Content that we create and make available in connection with the Services.
“Third Party Content” means Content that originates from parties other than Amabie or its users, which is made available in connection with the Services.
“Services Content” means all of the Content that is made available in connection with the Services, including Your Content, User Content, Third Party Content, and Amabie Content.
- Other Definitions
"Information" means facts and other information about you, including actions taken by users and non-users who interact with Amabie.
"Data" or "user data" or "user's data" means any data, including a user's content or information that you or third parties can retrieve from Amabie or provide to Amabie through Platform.
"Use" means use, run, copy, publicly perform or display, distribute, modify, translate, remove, analyze, commercialize and create derivative works of.
"Application" means any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Trademarks” we mean our trademarks for Amabie, which refers to our brand “Amabie” as well as our logo.
Changes to the Terms of Service
Amabie reserves the right to change or modify any of the terms and conditions contained in the Terms of Service from time to time at any time, without notice, and in its sole discretion. Any such modification will be effective upon our posting of new Terms. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services. We will indicate within the Terms of Services the date of the most recent revisions. It is your responsibility to revisit and review this these Terms on a regular basis as revised versions will be binding on you.
You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Agreement indicates your acceptance of the Agreement. If you do not agree with these changes or modifications, you must immediately cease using the Sites.
Using the Services
To access or use the Services, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Services if you are a competitor of ours, if we have previously banned you from the Services or if we have closed your account.
- Permission to Use the Services
We grant you permission to use the Services subject to your strict compliance with this Agreement. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Your use of the Services is at your own risk, including the risk that you might expose or be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law
- Services Availability
The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
- User Accounts
You are not required to register to use the Services; however, registration is required in order to use some of the features that are offered through the Services. In order to register, you are required to provide certain information about yourself, email address, and a password for the account. You are solely responsible for maintaining the confidentiality and security of your username and your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Services as well as to benefit the most from the Services. You may not use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You also may not use our Services to impersonate any person or entity, including, without limitation, any Amabie official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Services to collect or store personal data about other users.
You shall not (1) select or use a member name or e-mail address of another person with the intent to impersonate that person; (2) use a user name or e-mail address subject to the rights of another person without authorization; (3) use a member name in violation of the intellectual property rights of any person; or (4) use a member name that we, in our sole discretion, deem offensive. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms, the Community Guidelines, Review Tips, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
- Communications from Amabie and Other Users
By creating an account, you agree to receive certain communications in connection with the Services. For example, you might receive messages, emails to the address you provided, banner notices or pop-ups, compliments (such as another user found your review “helpful” or answer “useful”) or friend requests from other Users. You may also receive our e-mail newsletter and other related communications. You can opt-out of non-essential communications here (but you will still receive service announcements and administrative messages) and update your privacy options to prevent who can message and mention you. You agree to keep your contact information up to date.
In consideration for Amabie granting you access to and use of the Services, you agree that Amabie and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Amabie on the Services are subject to change. Amabie and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising 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.
- Mobiles and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. You agree that we are not responsible for your mobile charges.
Please do not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account. Amabie staff will never ask you for your password!
- Responsibility for Your Content
Amabie does not claim any ownership rights in Your Content. You acknowledge and agree that you alone are solely responsible for Your Content, and once published, it cannot always be withdrawn. We will not accept Content from you unless you are a registered user of the Sites. You should only provide Content that you are comfortable sharing with others under these Terms.
By submitting Content to Amabie, you represent and warrant that:
- You understand you are participating in a publicly accessed and viewed website and that your Content will be available to all other users of the Sites and potentially Third Party Sites;
- You understand that you are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites or otherwise;
- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Amabie to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Service);
- You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited;
- All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
- You are at least 13 years old and have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Service; and that use of the Content you supply does not violate these Terms of Service and will not cause injury to any person or entity;
- You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
You may expose yourself to civil liability, or (under certain circumstances) even criminal prosecution if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You also represent and warrant that any Content you submit:
- Is truthful and accurate;
- Does not harm minors;
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, indecent (including pornography), invasive of another's privacy, hateful, libelous, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- Is not submitted for compensation or other consideration from any third party; "does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- Does not imply that Your Content is in any way sponsored or endorsed by Amabie.
- Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
- Does not encourage criminal conduct, or violates any civil, local, state, national, or international law.
Amabie does not endorse any Content or any opinion, recommendation or advice expressed therein, and Amabie disclaims all liability with respect to the Content.
Amabie respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) 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 copyright owner. In appropriate circumstances, Amabie will also terminate a user’s account if the user is determined to be a repeat infringer.
You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
If your Content includes ideas, suggestions, feedback, documents or proposals to Amabie, (a) such Content is not confidential or proprietary and Amabie has no obligation of confidentiality, express or implied, with respect thereto; (b) Amabie may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Amabie under any circumstances unless you are otherwise notified by Amabie in writing.
As between you and Amabie, you own and retain your rights to any Content you submit, post or display on or through the Services. We own the Amabie Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Services Content, computer code, products, software, aggregated user information, and all other elements and components of the Services excluding Your Content, User Content and Third Party Content.
We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Amabie Content and the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Amabie Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we Amabie Content are retained by us.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Amabie and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Amabie name or any of the Amabie trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Amabie, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2016 Amabie, LLC. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Amabie and protected by U.S. and international copyright laws.
All software used on the Sites is the property of Amabie or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Amabie, using the Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Amabie is strictly prohibited.
Amabie.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Amabie and may not be used in connection with any product or service that is not offered by Amabie in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amabie. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Amabie’s Right to Use Your Content
All Content that you submit is not confidential and may be used at Amabie's sole discretion. Amabie may or may not pre-screen Content. However, Amabie has the right in its sole discretion to pre-screen, change, translate, condense or delete any Content on the Sites. In particular, Amabie will have the right to remove any Content that Amabie deems, in its sole discretion, to violate the Guidelines, laws, infringes or misappropriates the rights of any third part or any other provision of these Terms of Service or is otherwise objectionable. Amabie does not guarantee that you will have any recourse through Amabie to edit or delete any Content you have submitted. We may be required by law to remove certain information or content in certain countries. Note that we will not modify the meaning of your expression. Amabie reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. However, Amabie reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Amabie, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Amabie, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
By submitting, posting or displaying Content on or through the Services, you hereby irrevocably grant Amabie and its users a worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, and transferable right to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content for any purpose (“License”). We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, modifying or adapting it, incorporating it into advertisements, other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You agree that this license includes the right for Amabie to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Amabie for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Amabie, or other companies, organizations or individuals who partner with Amabie, may be made with no compensation to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Please note that you also irrevocably grant the users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and any Other Media. Amabie may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Amabie does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Amabie and such third party. Amabie does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Amabie is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Amabie, do not necessarily reflect the views of Amabie.
We may, but are not obligated to, attempt to get your consent to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them, which we may have no control over.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Amabie will not be responsible or liable for any use of your Content by Amabie in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
This license will survive the termination of these Terms of Service and your use of the Site. This license does not necessarily end when you close your account. You must contact us to delete your posted content, in which the license will then end, unless 1) your content has been shared with others, and they have not deleted it, and 2) during a reasonable time it takes to remove from display, backup and other systems. Note the removed content may persist in backup copies for a reasonable period of time (but will only be available to Amabie).
Translations: As Amabie has users from all over the world providing content in various native languages, to make its Services as useful as possible, Amabie attempts to translate as many of the reviews and other Content on the Sites into different languages, including Mandarin, English, Japanese, Korean, etc. Amabie translates with the goal of capturing the meaning of its users Content, but it does make not any guarantees about the accuracy of any translations of your Content into different languages.
- Limitation of Liability
Amabie provides the Sites and Services and all other applications and services on the Sites as a forum only. Under no circumstances will Amabie be liable in any way for any Content, statements, or representations, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. You irrevocably waive, and cause to be waived, against Amabie and its users any claims and assertions of moral rights, completeness, accuracy, reliability or attribution with respect to Your Content.
More generally, Content posted via or on the Sites, or any Third Party Site, is not controlled by Amabie. Amabie cannot guarantee the accuracy, truthfulness, integrity or quality of such Content. You understand that by using the Services, you may expose and be exposed to Content that may be offensive, indecent or objectionable and Amabie shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you.
Amabie is also not liable for any exchanges, damages, or liabilities that occur between members, such as meeting up, swapping information or products.
- Your Use of Content on the Sites
- Responsibility for Your Content
As part of the Services, you may be allowed to use certain software (including related documentation) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.
You also agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Amabie reserves all rights not expressly granted in and to the Content. When using the Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges. In addition, you agree not to create technology that works with this Service without informing us as well as compensating us.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
In our effort to keep Amabie a safe environment and protect others’ rights, we need your help, which includes the following commitments by you:
You agree NOT to, and WILL NOT assist, encourage, or enable others to use the Services to:
- Act dishonestly or inappropriately, such as posting inappropriate, fake, inaccurate, or objectionable content;
- Violate any applicable law, our Terms, Review Tips, or our Beauty Community Guidelines, for example, compensating someone or being compensated to write or remove a review;
- Violate any user’s or third party's rights or privacy, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Create a Member profile for anyone other than yourself (a real person), and will not impersonate anyone else or misrepresent yourself;
- Use or attempt to use another user’s account;
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by Amabie;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in spamming, multi-level marketing (such as pyramid schemes) or otherwise attempt to manipulate the Services' search results or any third party website;
- Post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Services Content (other than Your Content), except as expressly authorized by Amabie;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or any Services Content, without our expressive permission;
- Reverse engineer, reformat or frame any portion of the Services;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Amabie's technology infrastructure or otherwise make excessive traffic demands of the Services (including disabling, overburdening, or impairing the proper working or appearance of Amabie, such as a denial of service attack or interference with page rendering or other Amabie functionality);
- Restrict or inhibit any other user from using and enjoying the Site and services;
- Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
- Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Imply or state that you are affiliated with or endorsed by Amabie without our expressive consent
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from Amabie without the consent of Amabie;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Override any security feature of the Services;
- Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services Content, or features that enforce limitations on the use of the Services.
- Use Amabie to do anything unlawful, misleading, malicious, or discriminatory or engage in defamation or libelous manner.
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
- Use the Amabie APIs for any application that replicates or attempts to replace the essential user experience of Amabie.com or the Amabie apps.
- Participate in any "like", "share", "comment", or "follower" exchange programs.
- Use Amabie as a generic image hosting service for banner advertisements, graphics, etc.
- Use domain names, amabie-related, or web URLs in your username without prior written consent from Amabie.
- Facilitate or encourage any violations of this Statement. If you repeatedly violate any of these terms, we will disable your account when appropriate.
Guidelines and Policies
- Beauty Community Guidelines & Review Tips
You represent that you have read, understood and agree to our Beauty Community Guidelines and Review Tips.
- Copyright and Trademark Disputes
If you believe that your copyright or trademark is being infringed on the Services, please send us a notice with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Amabie to locate it on the Services (e.g., the URL for the web page on which the content appears);
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (phone number, email address).
At the same time, we do not take kindly to those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
- Identification of the copyrighted or trademarked work that was removed, and the location on the Services where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
- A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which Amabie is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Amabie, or an agent of such person;
- Your physical or electronic signature, together with your contact information (phone number, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
You can send us your copyright or trademark notices via email at: firstname.lastname@example.org.
The Services may include links to other websites or applications (each, a “Third Party Sites”). Links to these Third Party Sites does not imply any control or endorsement of any Third Party Sites. You agree that we are not responsible for the availability or contents of such Third Party Sites.
Some of the services made available through the Services may be subject to additional third party or open source licensing terms and disclosures. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Amabie and its users any claims and assertions of any moral rights contained in such Feedback.
Product Information and Beauty Glossary
If any minor uses any goods or product from Amabie it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Amabie.
All material and information presented by Amabie, including the Beauty Glossary, is intended to be used for personal educational or informational purposes only. Any concern regarding a term or ingredient should always be furthered researched and consulted with a professional.
The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check with the brand and/or product’s company for the ingredients for products to avoid potential allergic reactions. While Amabie has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. We also try to accurately portray photos, ingredients, description as best as we can.
By accessing the Site, you agree to not hold Amabie responsible for any non-accurate product and/or glossary information. You should always check the product’s packaging and company website for specific product information and speak to a professional regarding any ingredient concerns.
Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Amabie does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Amabie does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Although we provide rules for user conduct, we do not control or direct users' actions on Amabie and are not responsible for the content or information users transmit or share on Amabie. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Amabie. We are not responsible for the conduct, whether online or offline, of any user of Amabie.
You agree to indemnify, defend, and hold Amabie, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, third-party service provides and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Amabie Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Amabie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Amabie. Amabie will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE AMABIE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. THESE STATEMENTS MAKES UP THE ENTIRE AGREEMENT BETWEEN THE PARTIES REGARDING AMABIE, AND SUPERSEDES ANY PRIOR AGREEMENTS.
- THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE AMABIE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. AMABIE MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE AMABIE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICES.
- THE AMABIE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE AMABIE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
- THE AMABIE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE AMABIE ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
- THE AMABIE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- TO THE EXTENT PERMITTED BY LAW, THE AMABIE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE AMOUNT PAID BY YOU TO AMABIE IN CONNECTION WITH USE OF THE SERVICES
- IF ANY PORTION OF THIS STATEMENT IS FOUND TO BE UNENFORCEABLE, THE REMAINING PORTION WILL REMAIN IN FULL FORCE AND EFFECT.
- IF WE FAIL TO ENFORCE ANY OF THIS STATEMENT, IT WILL NOT BE CONSIDERED A WAIVER.
- YOU WILL NOT TRANSFER ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS STATEMENT TO ANYONE ELSE WITHOUT OUR CONSENT.
- WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
- YOU WILL COMPLY WITH ALL APPLICABLE LAWS WHEN USING OR ACCESSSING AMABIE.
- AMABIE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
- WE DO NOT GUARANTEE THAT AMABIE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT AMABIE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS AMABIE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), AMABIE (AND THOSE THAT AMABIE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AMABIE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF AMABIE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Choice of Law and Venue
New York law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Amabie (a “Claim”), without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN THE EASTERN DISTRICT OF NEW YORK OF THE UNITED STATES OF AMERICA.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The above provisions apply to users and non-users who interact with Amabie outside the United States. Any claim with regard to users outside of the United States can be taken to the courts located in Taipei, Taiwan.
- We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind, and at any time. Any such action could prevent you from accessing your account, the Services, Your Content, Services Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1-15 will continue in full force and effect, including our right to use Your Content as detailed in Section 7.
- We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Services.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Agreement contains the entire agreement between you and us regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Amabie's part to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Amabie's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
Special Admonitions For International Use and Export and Import Compliance
Recognizing the global nature of the Internet, you agree to comply with all applicable laws and rules regarding online conduct and acceptable User Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html and sanctions control programs of the United States (seehttp://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion list (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.html )or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for uses in violation of U.S. laws or any other applicable laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws. You will not hold Amabie liable in any way for any products shipped, purchased or ordered.
Please contact us if you have any concerns.