3. CHANGES TO AGREEMENT
EMPRESS BEAUTY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY: (I) THE POSTING OF A NEW VERSION; AND/OR (II) A CHANGE NOTICE ON THE WEBSITES OR APPLICATIONS. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Services following the date in which the modified or amended Agreement is posted.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, Empress Beauty grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Websites or by downloading and installing our Applications. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. The Services, including the Websites and the Applications, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Empress Beauty. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Empress Beauty or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this Agreement is concluded between us, and not with the App Provider, and that we are solely responsible for the Applications (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications; (c) the App Provider is not responsible for addressing any claims You have or any claims of any Third Party relating to the Applications or Your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any Third Party claim that the Applications or Your possession and use of that Applications infringes that Third Party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; (f) the App Provider, and its subsidiaries, are Third Party beneficiaries of this Agreement as it relates to Your license of the Applications, and that, upon Your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the Applications against You as a Third Party beneficiary thereof; and (g) You must also comply with all applicable Third Party terms of service when using the Applications.
6. THE SERVICES DO NOT PROVIDE PROFESSIONAL MEDICAL NOR NUTRIONAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP
Empress Beauty provides the Services for informational purposes only. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR NUTRIONAL ADVICE OR OPINION. Empress Beauty is not a medical or nutritional professional body, and Empress Beauty does not provide medical or nutritional services or render medical or nutritional advice. The Services are not a substitute for the advice of a medical or nutritional professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If You require medical or nutritional advice or services, You should consult a medical or nutritional professional. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND EMPRESS BEAUTY.
YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR NUTRITIONIST, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET.
7. NUTRITIONAL & FURTHER INFORMATION
Empress Beauty’s Websites and Applications as well Social Media Presences contain a combination of nutritional, fitness, beauty and wellbeing information entered either directly by Empress Beauty or by Empress Beauty users. Any Empress Beauty user may contribute information of this type to Empress Beauty’s Websites, Applications and Social Media Presences. Please be advised that information found on these channels has not been reviewed by persons with the expertise required to provide You with complete, accurate, or reliable information. EMPRESS BEAUTY DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON EMPRESS BEAUTY’S WEBSITES, APPLICATIONS OR SOCIAL MEDIA PRESENCES; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION SO PROVIDED. UNDER NO CIRCUMSTANCES WILL EMPRESS BEAUTY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION. You are solely responsible for ensuring that any information on the above presences is accurate, complete and useful. Information on Empress Beauty’s Websites, Applications and Social Media Presences may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Empress Beauty.
8. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information, including, without limitation, food, nutrition and exercise data, made available by means of the Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. EMPRESS BEAUTY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL EMPRESS BEAUTY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY. You also understand that by accessing and using the Services, You may encounter information, materials and subject matter that You or others may deem offensive, indecent, or objectionable. You agree to use the Services at Your sole risk and that Empress Beauty and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
9. RISK ASSUMPTION
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY EMPRESS BEAUTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
10. USER INFORMATION; PASSWORD PROTECTION
You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other user at any time. You agree to notify Empress Beauty immediately of any unauthorized use of Your account, user name, or password. Empress Beauty shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Empress Beauty, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
11. PUBLIC PROFILES; INFORMATION PROVIDED BY USERS
As part of registration, users must create public profiles, which may contain certain identifying information (such as age, location, height, weight, etc.). In addition, users have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. Empress Beauty relies on its users to provide current and accurate information, and Empress Beauty does not, and cannot, investigate information contained in user public profiles. Accordingly, Empress Beauty must assume that information contained in each user public profile is current and accurate. EMPRESS BEAUTY DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY USERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
12. YOUR INTERACTIONS WITH OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT EMPRESS BEAUTY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. EMPRESS BEAUTY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH YOU. IN NO EVENT SHALL EMPRESS BEAUTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER’S CONDUCT IN CONNECTION WITH SUCH USER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES.
13. USER DISPUTES
Empress Beauty reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between users. You agree to hold Empress Beauty harmless in connection with any dispute or claim You make against any other user.
14. PAID SERVICES OF THE WEBSITES AND/OR APPLICATIONS AND VIRTURAL GOODS AND MONEY
Empress Beauty offers certain features of the Websites, Applications or Services (the “Paid Services”) in exchange for payment. The Paid Services provide You access to certain enhanced features and functionality (e.g., additional exercises and rewards). By using the Paid Services, You agree to pay any fees due for and incurred by You in Your usage of the Paid Services.
When You use the Paid Services, You must designate and provide information about Your preferred payment method (“Payment Method”). Where possible and depending on Your App Provider, You may switch to a different Payment Method or update Your information by visiting the “Settings” page within the Websites and Applications.
All fees due for the Paid Services are payable in advance. You expressly authorize us or authorized Third Party providers to charge Your Payment Method for the appropriate fees charged for the Paid Purchases and for any other purchases You elect to make via Empress Beauty.
We will administer and apply payments You transmit for the Paid Services via the online billing mechanisms of any of our affiliated websites and Third Party providers in a timely and commercially reasonable manner.
We reserve the right to deny Your access to a Paid Service for any non-payment of associated charges. ALL PAID SERVICES ARE FINAL, AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF ANY PAID SERVICES UPON TERMINATION OR CANCELATION.
We reserve the right to increase fees charged for the Paid Services or to institute new fees at any time upon reasonable notice posted in advance on the Websites and/or Applications,
Our Websites and Applications include without limitation virtual currencies such as diamonds or gemstones (“Virtual Money”) or items or services for use with our Websites or Applications (“Virtual Goods”). You can buy Virtual Money from us or authorized Third Party providers for real money if You are at least 18 years old. If You are over 18 years old You may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from Empress Beauty. Special promotions which are identified as such excluded from this provision. You also agree that You will only obtain Virtual Money and/or Virtual Goods from us, and not from any Third Party.
You do not own Virtual Goods or Virtual Money but instead You purchase a limited personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does not reflect any stored value.
You agree that all sales by Empress Beauty to You of Virtual Money and Virtual Goods are final and that Empress Beauty will not refund any transaction once it has been made.
Empress Beauty reserves the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to You.
15. CONSENT TO RECEIVE EMAIL FROM EMPRESS BEAUTY
You have the right to request without charges access to and correction of information held by Empress Beauty about You. If You wish to access or correct Your data, please contact our data protection officer at 20/F Central Tower, 28 Queens Road Central, Central, Hong Kong or firstname.lastname@example.org.
16. CONSENT TO RECEIVE COMMUNICATIONS FROM USERS
By finding and connecting with Your friends and other users, You may receive electronic communications, including email and instant messages from other Website users.
17. THIRD-PARTY WEBSITES
The Service includes links to websites of third parties (“Third-Party Websites”), some of whom may have established relationships with Empress Beauty and some of whom may not. Empress Beauty does not have control over the content and performance of Third-Party Websites. EMPRESS BEAUTY HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, EMPRESS BEAUTY DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. EMPRESS BEAUTY DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
18. THIRD-PARTY SERVICES
19. USER CONTENT
“User Content” is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material, including nutritional information contributed to the Websites or Applications) that You upload or post to, or transmit, display, perform or distribute by means of, the Services, whether in connection with Your use of Website, Application, or through the use of any Third Party Websites or Third Party Services or otherwise. You hereby grant Empress Beauty and its officers, directors, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors, and assigns (collectively, the “Empress Beauty Parties”) a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the Empress Beauty Parties to publish, display or otherwise use and make available Your User Content and possibly Your name and/or any user name of Yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the Empress Beauty Parties of the rights granted under this section, including without limitation any claims relating to Your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the Empress Beauty Parties under this section. You represent and warrant that, when using the Website, Applications and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any Third Party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
20. PUBLIC FORUMS
“Public Forum” is any area, site or feature offered as part of the Services (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other users. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. You agree to abide by the Community Guidelines when transmitting or posting any User Content to any Public Forum. EMPRESS BEAUTY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
21. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that You may be held legally responsible for damages suffered by other users or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Empress Beauty is not legally responsible for, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.
22. OBJECTIONABLE CONTENT
You represent and warrant that You shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other Empress Beauty agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined by Empress Beauty (collectively, “Objectionable Content”). EMPRESS BEAUTY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, Empress Beauty reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Empress Beauty, in its sole discretion, may delete any Objectionable Content from its servers. Empress Beauty intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
23. PROHIBITED USES
Empress Beauty imposes certain restrictions on Your use of the Services. You represent and warrant that You will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Empress Beauty or any other user; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) create more than one unique public profile; (e) harvest or otherwise collect information about Empress Beauty users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third Party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Websites, the Applications, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Websites, the Applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (j) use the Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services; (l) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Empress Beauty Parties in providing the Websites or Applications. Any violation of this section may subject You to civil and/or criminal liability.
24. INTELLECTUAL PROPERTY
You acknowledge and agree that the Applications and all intellectual property rights associated therewith are, and shall remain, the property of Empress Beauty. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Applications are the intellectual property and proprietary and confidential information of Empress Beauty and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Applications by implication, estoppel or other legal theory, and all rights in and to the Applications not expressly granted in this Agreement are hereby reserved and retained by Empress Beauty.
The Applications may utilize or include Third Party software that is subject to Third Party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Applications is subject to and governed by the terms and conditions of the Third Party license applicable to such Third Party Software. In the event of a conflict between the terms of this Agreement and the terms of such Third Party licenses, the terms of the Third Party licenses shall control with regard to Your use of the relevant Third Party Software.
b. Empress Beauty Marks & Names
Empress Beauty, its Websites and the Empress Beauty logo (collectively, the “Empress Beauty Marks”) are subject to copyright, are used by Empress Beauty in trade, and may be subject to trademark and other intellectual property registrations. Other trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third-parties. Neither Your use of the Services, nor this Agreement, grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Empress Beauty Marks or any Third Party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Empress Beauty Marks generated as a result of Your use of the Services will inure to the benefit of Empress Beauty Ltd., and You agree to assign, and hereby do assign, all such goodwill to Empress Beauty Ltd.. You shall not at any time, nor shall You assist others to, challenge Empress Beauty Ltd.’s right, title, or interest in or to, or the validity of, the Empress Beauty Marks.
c. Copyrighted Materials; Copyright Notice
All content and other materials available through the Websites and Services, including without limitation the Empress Beauty logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Empress Beauty Ltd. or are the property of Empress Beauty’s licensors and suppliers. Except as explicitly provided, neither Your use of the Services nor this Agreement grant You any right, title or interest in or to any such materials.
d. DMCA Policy
If You have evidence, know, or have a good faith belief that Your rights or the rights of a Third Party have been violated and You want Empress Beauty to delete, edit, or disable the material in question, You must provide Empress Beauty with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Empress Beauty to locate the material; (d) information reasonably sufficient to permit Empress Beauty to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) 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 (f) 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. For this notification to be effective, You must provide it to Empress Beauty
Empress Beauty Ltd.
20/F Central Tower, 28 Queens Road Central
Central, Hong Kong
25. DISCLAIMERS; LIMITATION OF LIABILITY
a. NO WARRANTIES
EMRPESS BEAUTY, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITES, APPLICATIONS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPRESS BEAUTY, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER EMPRESS BEAUTY NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITES, APPLICATIONS OR THE SERVICES WILL MEET YOUR REQUIREMENTS AND THAT THE OPERATION OF THE WEBSITES, APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
b. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE WEBSITES, APPLICATIONS AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD EMPRESS BEAUTY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITES, APPLICATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
c. LIMITATION OF LIABILITY
THE LIABILITY OF EMPRESS BEAUTY AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL EMPRESS BEAUTY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO EMPRESS BEAUTY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES, APPLICATIONS OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, ANY OTHER AGREEMENT BETWEEN YOU AND EMPRESS BEAUTY OR BETWEEN YOU AND ANY OF EMPRESS BEAUTY’S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. EMPRESS BEAUTY’S THIRD-PARTY SERVICE PROVIDERS LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
26. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Websites, Applications and Services will be in accordance with this Agreement and any other Empress Beauty policies and guidelines, and with any applicable laws or regulations.
27. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless Empress Beauty and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Third-Party Service Providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Websites, Applications or Services; (iii) Your provision to Empress Beauty or any of the Indemnified Parties of information or other data; (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any Third Party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defence by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
28. GOVERNING LAW; JURISDICTION AND FORUM
This Agreement, including without limitation this Agreement’s interpretation, or any issue or dispute arising out of or in connection with this Agreement, shall be treated as though this Agreement were executed and performed in Hong Kong and shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles.
a. Requirement of Arbitration
You agree that any dispute or issue, of any nature whatsoever, between You and Empress Beauty arising out of or relating to this Agreement, shall be decided by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in Hong Kong, under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, before a single arbitrator appointed under the Rules (unless You and Empress Beauty mutually agree to a different arbitrator). The decision of the arbitrator shall be final.
b. Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude You or Empress Beauty from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a Hong Kong court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Empress Beauty from applying to a Hong Kong court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE COURTS LOCATED IN HONG KONG; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND JURISDICTION OF SUCH COURTS.
a. Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Empress Beauty. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1-4, 6-13, 16-30 will survive any termination of this Agreement.
b. Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Websites, Applications and Services. Subsequent to termination, Empress Beauty reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Websites, Applications and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
c. Legal Action
If Empress Beauty, in Empress Beauty’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Empress Beauty will be entitled to recover from You as part of such legal action, and You agree to pay, Empress Beauty’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Empress Beauty Parties will have no legal obligation or other liability to You or to any Third Party arising out of or relating to any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Empress Beauty shall give any notice by email sent to the most recent email address, if any, provided by You to Empress Beauty. You agree that any notice received from Empress Beauty electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH EMPRESS BEAUTY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY EMPRESS BEAUTY OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Empress Beauty by means of postal mail to 20/F Central Tower, 28 Queens Road Central, Central, Hong Kong or email to: email@example.com. Notice to Empress Beauty shall be effective upon receipt of notice by Empress Beauty.
This Agreement constitutes the entire agreement between Empress Beauty and You concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Empress Beauty or by the unilateral amendment of this Agreement by Empress Beauty and by the posting by Empress Beauty of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Empress Beauty may assign or transfer this Agreement at any time, with or without notice to You. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Empress Beauty. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Empress Beauty are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Empress Beauty Parties and the Indemnified Parties as and to the extent set forth in Sections 18, 21, 25 and 28 and Empress Beauty’s licensors and suppliers as and to the extent expressly set forth in Section 23, there are no Third Party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other Third Party rights by You would cause irreparable injury to Empress Beauty and Empress Beauty’s licensors and suppliers, and would therefore entitle Empress Beauty or Empress Beauty’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
EFFECTIVE DATE: 01 FEBRUARY, 2016
Imperial Glamour Club is a community for women who aspire a slender body, self-confidence and empowerment without drastic lifestyle changes.