The website located at www.beautysofly.com (the “Site”) is a copyrighted work belonging to Beauty So Fly (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. The information we obtain through your access and use of the Site is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms. You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Beauty So Fly. The following terms and conditions (collectively, “Terms”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.

Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Access to the Site.

1.1. Limited License to Use and Access.

Subject to these Terms, Beauty So Fly grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use. You are solely responsible for making all arrangements necessary for you to have access to the Site.

1.2. Accounts.

In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Beauty So Fly may suspend or terminate your Account in accordance with Section 7. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Beauty So Fly of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Beauty So Fly is not liable for any loss or damage arising from your failure to comply with the above requirements. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

1.3. Restrictions on Use.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competing website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

1.4. Prohibited Uses.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
  • Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
  • Provide any false personal information, or create an account for anyone other than yourself;
  • Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
  • Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
  • Use the Site in any manner that infringes any intellectual property rights or other rights of any party;
  • Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material to the Site which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Site;
  • Violate any applicable laws or regulations related to the access to or use of the Site or engage in any activity prohibited by these Terms;
  • Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
  • Violate the rights of Beauty So Fly or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
  • Use any Beauty So Fly domain name as a pseudonymous return e-mail address.

Right to Modify and Suspend. Beauty So Fly reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Beauty So Fly will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR OR LAW ENFORCEMENT AUTHORITY INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

1.5. No Support.

You acknowledge and agree that Beauty So Fly will have no obligation to provide you with any support or maintenance in connection with the Site. You are solely responsible for providing, at your own expense, all equipment necessary to access and use the Site, including computers, mobile devices and Internet access (including payment of data and user service fees associated with such access).

1.6 Intellectual Property Rights.

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in and to the Site and its contents are owned by Beauty So Fly or Beauty So Fly otherwise has the right to use them as part of the Site, and are subject to the copyright or other intellectual property rights of Beauty So Fly and/or to the terms of licenses held by Beauty So Fly. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Beauty So Fly and its partners, sponsors, advertisers or suppliers (including all parties involved in creating, producing and delivering the Site and its content) (collectively, “Suppliers”) reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Any unauthorized use of the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of content displayed on, or obtained through, the Site will not infringe the rights of third parties.

Copyright © Beauty So Fly, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party who owns the Marks.

2. No Advice.

The Site provides general information only. Each user’s financial situation, circumstances, specific needs and objectives are different. Each user should evaluate the information on the Site and is encouraged to do further research before taking any action, inaction, or making any decision based on the content provided on the Site. Information provided by or through the Site is not intended to be, nor should it be construed or used as, (a) investment, accounting, tax, legal, insurance or other professional advice or (b) a recommendation directed to any particular person. Decisions based on the content provided on or through the Site are your sole responsibility and you agree that we are not liable for any action you take, inaction, or decision you make in reliance upon any content provided on or through the Site. 

The Site may include content provided by third parties, including materials provided by other users, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

3. User Content.

3.1. “User Content”

means any and all information and content that a user submits to, or uses with, or posts on the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that your User Content will not violate these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by, or affiliated with, Beauty So Fly. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms. Beauty So Fly is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2. Restrictions on User Content.

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that 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 or contractual right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, profane, indecent, obscene or patently offensive; (c) that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (d) that is harmful to minors in any way; (e) that is otherwise objectionable in our sole discretion; or (f) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

3.3. Right to Review and Remove.

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 7, reporting you to law enforcement authorities, and/or pursuing any other rights or remedies available to us at law or in equity.

3.4. Feedback.

If you provide Beauty So Fly with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Beauty So Fly all rights in such Feedback and agree that Beauty So Fly shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Beauty So Fly will treat any Feedback you provide to Beauty So Fly as non-confidential and non-proprietary. You agree that you will not submit to Beauty So Fly any information or ideas that you consider to be confidential or proprietary. We have no obligation to use or respond to any Feedback that is submitted.

3.5. License to Use User Content and Feedback.

You hereby grant (and you represent and warrant that you have the right to grant) to Beauty So Fly an irrevocable, nonexclusive, royalty-free and fully paid, perpetual worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and Feedback, and to grant sublicenses of the foregoing rights, in any manner it deems appropriate, all without compensating or notifying you or identifying you as a contributor. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.6. Responsibility for User Content by User.

Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Beauty So Fly does not sponsor or endorse any User Content. Your interactions with other Site users are solely between you and such users. You agree that Beauty So Fly will not be responsible for any loss or damage incurred as the result of any such interactions or any User Content posted by others. If there is a dispute between you and any Site user, we are under no obligation to become involved.

4. Indemnification and Defense.

You agree to indemnify and hold Beauty So Fly and its owners, members, managers, officers, employees, contractors, agents, affiliates, licensors, service providers, suppliers, successors and assigns (collectively, its “Representatives”) harmless from any and all claims, liabilities, damages, losses, costs, awards, demands, expenses and fees (including attorneys’ fees) made by any third party due to or arising out of or in connection with (a) your use of the Site, or any content or materials on the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or rights of a third party or (d) your User Content. Beauty So Fly 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 matter without the prior written consent of Beauty So Fly. Beauty So Fly will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.