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TERMS OF USE

These Terms of Use (“Terms”) are between Claystill, Inc. dba Genie Beauty Products (“GENIE BEAUTY”) and you (“You”), the person using GENIE BEAUTY products, materials, website and Customer Services department (“Services”). Individuals must be 18 years of age or older to use this website (“Site”) and you warrant that you are 18 years of age or older. We occasionally change these Terms, so please refer to the Terms of Use page on our website (www.geniebeauty.com) for changes. BY USING AND/OR VISITING THIS SITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.geniebeauty.com/privacypolicy.asp , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the Site.

SITE ACCESS

GENIE BEAUTY hereby grants you the limited, non-sublicensable right and permission to use the Site as set forth in these Terms of Use, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without GENIE BEAUTY’s prior written authorization; (iii) you will not alter or modify any part of the Site; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. Except for the limited license granted to you hereunder, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of GENIE BEAUTY or any third party.

In order to access some features of the Site, you may be required to create an account. You may never use another person’s account without the account holder’s express permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GENIE BEAUTY immediately of any breach of security or unauthorized use of your account. Although GENIE BEAUTY will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GENIE BEAUTY or others due to such unauthorized use of your account.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and the like, that accesses the Site in a manner that sends more request messages to the GENIE BEAUTY servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GENIE BEAUTY grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GENIE BEAUTY reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally-identifiable information from the Site, including account names, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

MODIFICATION OF SERVICE

GENIE BEAUTY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GENIE BEAUTY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

PRIVACY POLICY

Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://www.geniebeauty.com/privacypolicy.asp

LIMITATIONS

The Service is limited to individuals 18 years and older. Your order is solely for personal use and not for re-distribution. You agree that you will not access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Services or any portion thereof. GENIE BEAUTY will not be liable for any loss or damage arising from such activities, and GENIE BEAUTY reserves the right to terminate access to the Service, with or without notice.

GUARANTEE

Each Product you purchase from GENIE BEAUTY comes with a 30 day money back guarantee. If you are not completely satisfied with a Product, simply return the unused portion within 30 days from the date you received your Product. For Products purchased on an auto-ship plan, the guarantee only applies to first-time shipments. The money back guarantee does not apply to subsequent purchases of the same Product. Before a refund can be issued, Customers are required to contact GENIE BEAUTY at [1-866-700-2227] for return authorization and instructions. Proof of purchase is required. Shipping and processing charges are nonrefundable. GENIE BEAUTY will issue a refund for the original Product purchase price, less shipping, within 10 to 15 business days (or 1 billing cycle) after receipt of your return Product.

USE OF INFORMATION AND IDEAS SUBMITTED

You hereby acknowledge and agree that GENIE BEAUTY is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to GENIE BEAUTY or any communication you may have with a GENIE BEAUTY representative (the “Ideas”), and GENIE BEAUTY shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by GENIE BEAUTY for commercial purposes, including but not limited to use by GENIE BEAUTY for developing, manufacturing and marketing products and creating, modifying or improving GENIE BEAUTY or other products, services or Websites affiliated with GENIE BEAUTY. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce and/or modify the Ideas.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,  GENIE BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. GENIE BEAUTY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE. GENIE BEAUTYDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GENIE BEAUTY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GENIE BEAUTY,  ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GENIE BEAUTY SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GENIE BEAUTY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS CONTROLLED AND OFFERED BY GENIE BEAUTY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. GENIE BEAUTY MAKES NO REPRESENTATIONS THAT THE GENIE BEAUTY SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE GENIE BEAUTY SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions our liability, if any, shall be limited to the fullest extent permitted by law.

INDEMNIFICATION

Upon a request by GENIE BEAUTY,  you agree to defend, indemnify, and hold harmless GENIE BEAUTY and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from your use or misuse of this site. GENIE BEAUTY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GENIE BEAUTY in asserting any available defenses.

INTELLECTUAL PROPERTY RIGHTS

Except for User Submissions (as defined below), all content on the Site is the property of GENIE BEAUTY and/or its licensors and is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions, including without limitation, the design, source code, text, software, scripts, graphics, images, photographs, sounds, music, videos, video and audio files, interactive features and the like, and the selection, arrangement, structure, coordination, and “look and feel” thereof (collectively the “Content”), together with the trademarks, service marks and logos contained therein (“Marks”).

All GENIE BEAUTY product names, slogans, graphics, page headers, logos, button icons, and scripts on the Site are either trademarks or service marks, in the United States and other countries, of GENIE BEAUTY or its affiliates, subsidiaries, suppliers and licensors and are the property of GENIE BEAUTY and it’s affiliates. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. GENIE BEAUTY trademarks may not be used in connection with any product or service that is not a GENIE BEAUTY product, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits GENIE BEAUTY. You may not use any metatags or any other “hidden text” utilizing GENIE BEAUTY or any other name, trademark, service mark or product name of GENIE BEAUTY without our permission. In addition, all page headers, custom graphics, button icons, and scripts are subject to copyright protection for the benefit of GENIE BEAUTY and/or are the service marks, trademarks and/or trade dress of GENIE BEAUTY and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference on the Site to any third party-owned products, services, processes, or other information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All other trademarks not owned by GENIE BEAUTY, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GENIE BEAUTY. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

GENIE BEAUTY reserves all rights not expressly granted in and to the Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. You further agree not to make derivative uses of the Site or the Content, or to use, frame or utilize framing techniques to enclose any portion of the Site, including the images found on the Site or any text or layout/design of any page or form contained on a page of the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

USER SUBMISSIONS

  1. The Site may now or in the future permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that, whether or not such User Submissions are published, GENIE BEAUTY does not guarantee any confidentiality with respect to any submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GENIE BEAUTY to use all copyright, trademark, patent, trade secret or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person sufficient to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.
  3. You will retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to GENIE BEAUTY, you hereby grant GENIE BEAUTY a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in perpetuity in connection with the Site and GENIE BEAUTY (and its affiliates’, successors’ and assigns’) businesses, including without limitation: (i) for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels; and (ii) for inclusion in products and services to be marketed commercially by GENIE BEAUTY (by way of example only, films, television programs, infomercials, interactive games, Internet sites, books and collectibles). You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.
  4. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GENIE BEAUTY all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage GENIE BEAUTY or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. GENIE BEAUTY does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GENIE BEAUTY expressly disclaims any and all liability in connection with User Submissions. GENIE BEAUTY does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and GENIE BEAUTY will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. GENIE BEAUTY reserves the right to remove Content and User Submissions without prior notice. GENIE BEAUTY may also terminate a User’s access to its Site if such User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. GENIE BEAUTY also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GENIE BEAUTY may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
  5. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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

(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 the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 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 owner of an exclusive right that is allegedly infringed.

GENIE BEAUTY’s designated Copyright Agent to receive notifications of claimed infringement is: GENIE BEAUTY Copyright, Claystill, Inc. 3712 Cerritos Avenue, Los Alamitos, CA 90720, or send an email to customerservice@geniebeauty.com with “GENIE BEAUTY Copyright” in the subject line. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GENIE BEAUTY customer service through http://www.GENIEBEAUTY.COM/contact. You acknowledge that, if you fail to comply with all of the requirements of this Section 4(D), your DMCA notice may not be valid.

  1. You understand that, when using the GENIE BEAUTY Site, you will be exposed to User Submissions from a variety of sources, and that GENIE BEAUTY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GENIE BEAUTY with respect thereto, and agree to indemnify and hold GENIE BEAUTY, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  2. GENIE BEAUTY permits you to link to materials on the Site for personal, non-commercial purposes only. In addition, GENIE BEAUTY may choose to provide an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial website(s) for use in accessing the materials on the Site, provided that you include a prominent link back to the GENIE BEAUTY website on the pages containing the Embeddable Player. GENIE BEAUTY reserves the right to discontinue any aspect of the GENIE BEAUTY Site at any time.

Notifications from genie beauty

Upon completing a purchase using the website, you will be automatically provided with valuable future notifications from GENIE BEAUTY by email.  You may, however, opt out of those emails by un-checking the box permitting future emails or unsubscribing from the service using the link provided in any future email which you receive from GENIE BEAUTY.

CHOICE OF LAW AND FORUM

These Terms are governed by California laws. Any action to enforce or interpret them shall be brought and maintained exclusively in a state or federal court situated in the County of Orange, State of California.

By using this Site, you expressly agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may contact you by phone (including cell phone), email, US mail or reputable delivery service for debt collection purposes

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and GENIE BEAUTY and its affiliates with respect to this site and the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and GENIE BEAUTY with respect to the Service. If any part of these Terms of Use or the Privacy Policy is held invalid or unenforceable, that portion shall 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 shall remain in full force and effect.

NOTICE OF CHANGE

GENIE BEAUTY may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use