Terms of Use

Introduction

Your use of the MyBeautyOrganics.com site (the “Site”) are governed by  the following terms of use ("Terms of Use").   You may also from time to time use our Reviews Service, the Question & Answer service (the "Q&A Service") and these Terms of Use also govern your use of those services. MyBeautyOrganics.com is owned exclusively by Owness, Inc. (also referred to herein for convenience “MyBeautyOrganics”).

By using the Site, you confirm your agreement to these Terms of Use and Privacy Policy whether or not you have read them.

Occasionally, we may make available a link to a third party's web site. When you click on one of these links, you will be leaving the Site. The linked sites are not under our control and we are not responsible for the contents, products or services of any linked site or any link contained in a linked site. We provide the links to you only as a convenience. We do not endorse or express any opinion about any linked site, its use or contents.

MyBeautyOrganics reserves the right to amend these Terms of Use at any time, without notice, and in any manner it deems appropriate in its sole discretion. Your continued use of the Site following posting of any amendments constitutes your acceptance of the new Terms of Use.  If you do not agree with any amended version of these Terms of Use, you must immediately cease using the Site.

Brand Protection

MyBeautyOrganics™ is the property of Owness, Inc. MyBeautyOrganics.com and all page headers, custom graphics and icons are service marks, trademarks or are otherwise the sole property of MyBeautyOrganics and may not be used in connection with any other product or in any manner that is likely to cause confusion among customers, or in any manner that harms the reputation and goodwill of MyBeautyOrganics. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Copyright

Any and all design, text, graphics, logos, button icons, images, audio and video clips appearing on the Site, as well as organization, the selection and arrangement thereof is the property of Owness, Inc. Copyright (c) Owness, Inc.  ALL RIGHTS RESERVED. You have only limited permission is to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with MyBeautyOrganics. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of MyBeautyOrganics is strictly prohibited.

User Content

You are solely responsible for all content in any form (including text, graphics, photos or other images, video or audio clips) that you post and email via or to the Site (“User Content”). We will not accept User Content from you unless you are a registered user of the Site.

MyBeautyOrganics is not liable for any User Content provided by you or its other users in any public forum that may be provided on the Site or any third party site. More generally, User Content posted via or on the Site or any third party sites is not controlled by MyBeautyOrganics. MyBeautyOrganics gives no assurances or warranty of any kind regarding such User Content. You understand that by using the Site and the related Review and Q&A services, you may be exposed to User Content that may be offensive, indecent or is otherwise in breach of these Terms of Use, and MyBeautyOrganics shall not be liable for any such User Content. Accordingly, you shall be solely liable for any damage or loss incurred from the your User Content, and each other user is liable in the same way for its User Content.

You may access the User Content only as expressly authorized by these Terms of Use and the Privacy Policy. You shall not use, copy or distribute any of the User Content other than as expressly provided herein.

You represent and warrant that, with respect to any User Content you submit:

  • You understand you are participating in a public forum and that your User Content will be available to all other users of the Site, the Reviews and potentially third party sites;
  • You are the sole author and owner of the intellectual property and other rights in the User Content (or if not the owner, you have obtained the necessary rights to use and authorize MyBeautyOrganics to use all intellectual property and other rights thereto to enable inclusion and use of the User Content on the Site;
  • You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
  • It is not false, inaccurate or misleading in any respect and in particular does not misrepresent any information about you or your personal or professional affiliations;
  • It does not infringe any intellectual property right or rights of publicity or privacy of any person or entity;
  • It does not constitute a commercial solicitation or advertisement for any goods or services, including "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • It does not violate any obligations you may have with respect to such User Content under any law or agreement (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • It does not violate any law, statute, ordinance or regulation;
  • It is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
  • It  is not submitted for compensation or other consideration from any third party
  • It does not contain any computer viruses, worms or other potentially damaging computer programs or files and.
  • It complies in all respects with these Terms of Use and our Privacy Policy; 

and

The fact that MyBeautyOrganics permits you to post User Content does not mean that MyBeautyOrganics agrees with your User Content and MyBeautyOrganics disclaims all liability with respect to your User Content.

Grant of License to MyBeautyOrganics

No User Content that you submit is confidential and it may be used at MyBeautyOrganics's sole discretion without restriction. MyBeautyOrganics may or may not pre-screen User Content.

For any User Content that you submit, you grant MyBeautyOrganics a worldwide, perpetual, irrevocable, royalty-free, and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete and remove in whole or in part, edit, adapt, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

MyBeautyOrganics will have the right to remove any User Content that MyBeautyOrganics deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. MyBeautyOrganics does not guarantee that you will have any recourse through MyBeautyOrganics to edit or delete any User Content you have submitted. MyBeautyOrganics reserves the right to incorporate any User Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Reviews, written comments, questions and answers are generally posted within two to four business days. However, MyBeautyOrganics reserves the right to remove or to refuse to post any submission for any reason.

Infringement Notices

MyBeautyOrganics has a policy of complying with U.S. copyright and related laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is MyBeautyOrganics's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Company believes in its sole discretion is infringing these rights. Any user who feels that any User Content is objectionable or infringing may send a notice under the DMCA to MyBeautyOrganics. Upon our receipt of a proper notice under the DMCA, we will endeavor to respond and to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content in issue. MyBeautyOrganics’s designated contact for this purpose: Infringement Notifications, Owness, Inc., reachable at the address shown below or by email at: legal[at]MyBeautyOrganics.com  (please replace [at] with @.

Product Information

The products displayed on the Site can be ordered and delivered only within the U.S. All prices displayed on the site are quoted in U.S. Dollars and are valid and effective only in the U.S. 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 MyBeautyOrganics.

The Site is an online store for specialty beauty products, and. all material and information presented by MyBeautyOrganics is intended to be used for personal educational or informational purposes only.  Use of the Site is not meant to serve as a substitute for professional medical advice. Product information on the Site 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. No information on the Site is intended to diagnose, treat, cure or prevent any medical condition or disease, and all products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. The Site is not a substitute for professional medical advice, so you should consult with your own doctor regarding the use of any goods, products or information received from the Site before using or relying on them. The products available on the Site, including any samples MyBeautyOrganics may provide to you, are for your personal use only.

You may not sell or resell any products you purchase or otherwise receive from MyBeautyOrganics. MyBeautyOrganics reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by MyBeautyOrganics in its sole discretion.

While MyBeautyOrganics has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Price and availability information with respect to any product offered through the Site is subject to change without notice. 

Reservation of Rights; Customer Protection

MyBeautyOrganics may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of MyBeautyOrganics (and its employees), its users and the public.

In order to protect MyBeautyOrganics and its customers, we reserve the right to screen product orders for fraud or other types of unauthorized or illegal activity and accordingly we may refuse to process an order or close your account due to suspected fraud or unauthorized or illegal activity. Our customer service department may call you at the phone number you provided (or use your email address) to confirm your order as part our screening procedures.

Disclaimer

MyBeautyOrganics IS PROVIDING THE SITE, AND ITS CONTENTS  ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR PRODUCT REVIEWS, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MyBeautyOrganics DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MyBeautyOrganics DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.

MyBeautyOrganics WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS LIMITATION OF LIABILITY 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.

Indemnification

 You agree to defend, indemnify and hold harmless MyBeautyOrganics (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any claim that any User  Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

Applicable Law

These Terms of Use shall be governed by the laws of the  State of New York, without giving effect to any principles of conflicts of laws. You agree to submit to the non-exclusive jurisdiction of the federal and courts located in New York County, New York.  TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND MyBeautyOrganics AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact Information

We are located at 115 - 3900 Bayview Street, Richmond BC Canada.  V7E 4R7

General

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MyBeautyOrganics's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.