Terms & Conditions

GlossGenius Terms of Use Last updated: January 11, 2017

These Terms of Use (“Terms of Use”) govern the use of the mobile and internet-based services and business tools offered by GlossGenius, Inc. (“GlossGenius,” “we,” “our,” or “us”) at and through the website glossgenius.com (the “Site”), mobile app (the “App”) and related services we provide (the Site, App and related services are collectively referred to as the “GlossGenius Services”). GlossGenius’s Privacy Policy located at LINK and further described below, as well as any subscription agreements related to the GlossGenius Services (each, a “Subscription”) executed by you (“you” or “Professional”) or accepted by you via email, online or in App, and any community guidelines that GlossGenius may provide, are all considered part of these Terms of Use. These Terms of Use apply to any use of the GlossGenius Services, whether in connection with a Subscription or free trial. Please read these Terms of Use carefully before using the GlossGenius Services. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE GLOSSGENIUS SERVICES. BY ACCESSING OR USING THE GLOSSGENIUS SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (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 THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE GLOSSGENIUS SERVICES.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES, STATES AND COUNTRIES. SOME STATES HAVE LAWS THAT REGULATE COSMETOLOGY AND COSMETOLOGY-RELATED SERVICES. IN MANY STATES, BEAUTY SERVICES PROVIDERS MUST BE LICENSED BEFORE THEY ARE ABLE TO COMMERCIALLY PROVIDE BEAUTY SERVICES. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. BEAUTY SERVICE PROVIDERS AND THEIR CLIENTS SHOULD REVIEW LOCAL LAWS BEFORE PROVIDING BEAUTY SERVICES OR BUYING SERVICES ON GLOSSGENIUS.

The GlossGenius Services GlossGenius is a platform that powers the services and businesses of beauty and other professionals (collectively or individually, the “Professionals”) and facilitates interaction with clients seeking such services and Professionals (collectively or individually, the “Clients”). Such Professionals and Clients are both users of the GlossGenius Services and may be collectively or individually referred to herein as “Users”.

1. Changes to Terms of Use.

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of the Terms of Use at any time, so we encourage you to review the Terms of Use periodically.

2. Privacy Policy

Our Privacy Policy describes our practices concerning personal information that you provide or that we may obtain in connection with the GlossGenius Services. By accepting these Terms of Use and by using the GlossGenius Services, you consent to the collection, use, sharing, transfers and other processing of your personal information by GlossGenius as described in our Privacy Policy.

3. Payments Policy

Our Payments Policy describes our practices regarding refunds that we may provide in connection with the GlossGenius Services. By accepting these Terms of Use and by using the GlossGenius Services, you consent to the terms of our Payments Policy.

4. GlossGenius Account

Your GlossGenius account gives you access to the GlossGenius Services that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. When creating your account and/or using the GlossGenius Services, you must provide accurate, complete and appropriate information. You additionally acknowledge and agree that you will not intentionally omit and/or misrepresent any facts or material information and that if there are any such occurrences of knowingly omitted and/or misrepresented facts or information, you will promptly rectify them. You consent that GlossGenius has the right to verify any such information submitted by you. GlossGenius has the right to suspend or terminate any User that provides incomplete, inaccurate or untrue information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify GlossGenius immediately by email at support@glossgenius.com of any unauthorized use of your account. You understand and agree that you are solely responsible for compliance with any and all applicable laws, rules, regulations and tax obligations that may apply to your use of the GlossGenius Services and your GlossGenius account, including any and all products and services you may provide or make available through our Site and App.

5. GlossGenius Programs

GlossGenius may run certain promotions, programs, opportunities, sweepstakes, contests and giveaways (“GlossGenius Programs”). GlossGenius reserves the right to, at any time and in its sole discretion, modify, change, add to, take away from, supplement or delete any of these GlossGenius Programs. This includes, but is not limited to, changing the name, offers, fees and/or eligibility requirements for participation in any GlossGenius Program. GlossGenius will seek to notify you of any material changes to the GlossGenius Programs by email but will not be liable for any failure to do so. Any of the GlossGenius Programs are subject to the same terms and conditions set forth in these Terms of Use unless explicitly communicated otherwise.

In the event you provide feedback, suggestions or any information related to the GlossGenius Services, you acknowledge and agree that we can use them without restriction and without any need to remunerate or otherwise compensate you for them.

The following Account and Payment Terms apply to Professionals.
6. GlossGenius Professional Accounts

In addition to the above information related to your GlossGenius Account as a User of the GlossGenius Services, You agree to not post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. GlossGenius reserves the right to remove or hide or change any images without notice.

GlossGenius reserves the right to remove or reclaim any such account information provided by you if we believe that such information is offensive, inappropriate, unclear or otherwise violates trademark rights and other third party rights. You additionally confirm upon creating an account that you are either a legal resident of the United States, a United States citizen or a business entity authorized to do business by the states in which you operate. You may only use the GlossGenius Services and your Account for business purposes in the fifty United States of America and the District of Columbia. This is applicable to US-based Users only and international Users are required to comply with applicable international law. If you are a Professional creating an Account, you certify that you are, or if you are a salon, merchant or other business entity, you certify that all of your employees, independent contractors or agents who are providing Services each are licensed professionals and that all business information provided to describe you or them is correct. In addition, you certify that you are duly licensed to provide the Services “in-home” or outside of your place of business should such Services be advertised as so.

7. Fees and Payments

Fees for the Subscription (“Subscription Fees”) are set forth herein, online and/or in a separate Subscription agreement entered into between you and GlossGenius. You agree to pay GlossGenius the Subscription Fees and any other applicable fees that are agreed to by you. All fees paid to GlossGenius are non-refundable and non-transferable with the exception of those explicity provided for in these Terms of Use. Unless otherwise stated, fees will be collected and must be paid for in advance of each billing period.

By accepting these Terms of Use, you authorize GlossGenius to confirm that the credit card account or any other payment method associated with your Account and used for the GlossGenius Services is in good standing with a financial institution for the term of your use of the GlossGenius Services. GlossGenius maintains the authority to obtain credit reports or run other background inquiries to assess the Professional’s eligibility to continue usage of the GlossGenius Services. All balances, fees, charges and payments collected or paid in connection with the GlossGenius Services are denominated in USD. Users of the GlossGenius Services are liable for any taxes (if applicable, including VAT), required to be paid on the GlossGenius Services provided for in this agreement.

Billing Cycle

Your Subscription to the GlossGenius Services commences on the date that you sign up for a Subscription. Unless otherwise stated at the time of sign up, each Subscription runs on a one-month cycle (“Subscription Period”) and will automatically renew monthly until you notify GlossGenius via the GlossGenius Services or by email to support@glossgenius.com of your decision to terminate or unless we otherwise terminate the Subscription. You will be billed on the monthly anniversary of the date during which your Subscription first began. For example, if your Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be billed on the last day of every month. GlossGenius may change the timing of our billing and we reserve the right to modify the schedule at which you will be billed. The amount billed to you each month may vary due to promotional offers and/or changing your Subscription plan and you acknowledge these variations and authorize GlossGenius to bill you as necessary.

Subscription Pricing

GlossGenius reserves the right to adjust the Subscription pricing at any time and for any reason upon fourteen (14) days prior notice. Unless otherwise stated, any price change to the Subscription and your membership will be in effect on your next billing cycle. To continue to use the GlossGenius Services, you must agree to any change in fees. If you do not agree to any change in fees, you must cancel your account by following the appropriate cancellation policies or notifying support@glossgenius.com. You acknowledge that GlossGenius reserves the right to garner feedback as to why you are cancelling your account.

Trials

GlossGenius may offer trial memberships for varying lengths which may include free or discounted access to the Subscription during such trial period. GlossGenius reserves the right to end the availability of trial memberships at any time and for any reason. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription at the provided for price unless cancelled at least 48 hours prior to the end of your trial period. You may cancel your Subscription by following the appropriate cancellation procedures within the GlossGenius Services or contacting support@glossgenius.com. You acknowledge that GlossGenius reserves the right to garner feedback as to why you are cancelling your account.

Subscription Cancellation

You may cancel your Subscription at any time. If you choose to cancel with more than 48 hours notice prior to your next billing cycle, you will not be charged for the ensuing month of the Subscription. For any questions related to your individual billing cycle, please log onto your account to view your billing cycle information or contact us at support@glossgenius.com .

You acknowledge that you are ineligible for a pro-rated refund or any amount of the Subscription Fees paid for the then-current monthly subscription cycle at which you cancel. After cancelling, you will only have access to the GlossGenius Services through the end of your current billing cycle.

Other GlossGenius Fees

GlossGenius may offer services for an additional fee that may help Professionals grow their business and facilitate deeper connection and interaction between a Professional and his/her Clients.

8. Proprietary Rights

Except for any User Content (as defined in Section 9 below) as between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the GlossGenius Services, all the content (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), code, data and materials thereon, the look and feel, design and organization of the GlossGenius Services, and the compilation of the content, code, data, and materials on the GlossGenius Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the GlossGenius Services does not grant to you ownership of any content, code, data, or materials you may access on or through the GlossGenius Services. The provision of the GlossGenius Services does not transfer to you or any third party any rights, title or interest in or to any GlossGenius or GlossGenius’ licensors intellectual property rights.

9. Limited License

Subject to these Terms of Use, GlossGenius grants you a non-transferable, non-exclusive, license to use the GlossGenius Services in accordance with the Terms of Use. The rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign or distribute the GlossGenius Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the GlossGenius Services; (c) you shall not access the GlossGenius Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the GlossGenius Services 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 of the GlossGenius Services shall be subject to the terms of these Terms of Use. All trademarks, copyright and other proprietary notices on the GlossGenius Services content must be retained on all copies thereof.

10. Intellectual Property License.

You grant GlossGenius a non-exclusive, transferable, perpetual sub-licensable, royalty-free, worldwide license to use any User Content that you display, post or submit on or through the GlossGenius Services. In addition, you give us permission to use your name, profile picture and other User Content in connection with the commercial or sponsored content served or enhanced by us or our third party partners without any compensation to you.

By permitting your image to be taken in connection with the GlossGenius Services and/or uploading your image, you consent to use of your likeness or image for any reason, including, but not limited to in connection with the commercial advertising and offering of the GlossGenius Services.

11. GlossGenius Communications

By using the GlossGenius Services, you expressly consent and agree to accept and receive communications from us, including via email, text message (SMS), calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by GlossGenius, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of GlossGenius, including but not limited to: operational and transactional communications concerning your account, use of the GlossGenius Services, and appointments; updates concerning new and existing features on the Site or App; promotional communications, including communications about special events, contests, sweepstakes, offers or surveys run by us or our third party partners, and news concerning GlossGenius. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the GlossGenius Services. You may opt out of receiving promotional or marketing texts or calls from GlossGenius at any time by contacting us as indicated below or, if applicable, following the instructions contained in the message.

In addition, if you may permit, through the permission systems used by your mobile device, that we access the names and contact information such as emails and phone numbers in the address book on your device so that we can communicate with your contacts about or in connection with the GlossGenius Services, you represent that all such contacts have consented to receive informational and marketing email, text message (SMS) and calls from you.

12. Representations and Warranties

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, links and other content or materials (collectively, “User Content”) that you display, post or submit on or through the GlossGenius Services. You represent and warrant that: (i) you own the User Content displayed, posted or submitted by you on or through the GlossGenius Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the display, posting, submission and use of your User Content on or through the GlossGenius Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you display, post or submit on or through the GlossGenius Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. The GlossGenius Services are not intended for use by minors under the age of 13. You represent and warrant that you are over the age of 13.

13. App Store Provider Terms

Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to these Terms of Use if you access the GlossGenius Services using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third party beneficiaries are not parties to this agreement and are not responsible for the provision or support of the GlossGenius Services in any manner. Your access to the GlossGenius Services using mobile devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. The following additional terms apply to your use of our App obtained through the Apple Store:

You will only use the application in connection with a device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application; In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’ sole warranty obligation to you will be to refund to you the purchase price, if any, of the application; You acknowledge and agree that GlossGenius, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application; You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, GlossGenius, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and Both you and GlossGenius acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.

14. Indemnification

By using the GlossGenius Services you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, we may rely on your representations and warranties contained herein. You agree to defend, indemnify, and hold GlossGenius, its affiliates and representatives and each of their respective directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms of Use, arising in any way from your use of the GlossGenius Services or your breach or violation of the law, your representations and warranties, or of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.

15. DISCLAIMER OF WARRANTIES

THE GLOSSGENIUS SERVICES, INCLUDING, WITHOUT LIMITATION, ALL FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE AND APP, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE GLOSSGENIUS SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE OR APP WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE GLOSSGENIUS SERVICES WILL MEET USERS REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE GLOSSGENIUS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GLOSSGENIUS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, INFORMATION, TEXT, IMAGES, OR OTHER CONTENT FROM THE SITE OR APP. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE OR APP AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE OR APP. UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE GLOSSGENIUS SERVICES FORM ANY RELATIONSHIP (OTHER THAN THE CONTRACTUAL RELATIONSHIP CREATED BY THESE TERMS OF USE), WHETHER IMPLIED OR EXPRESS, WITH GLOSSSGENIUS. GLOSSGENIUS HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT CONTAINED ON THE SITE OR APP.

IT IS POSSIBLE FOR OTHER USERS OF THE GLOSSGENIUS SERVICES TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE GLOSSGENIUS SERVICES OR SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHER USERS OF THE GLOSSGENIUS SERVICES OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE GLOSSGENIUS SERVICES.

GLOSSGENIUS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF THE SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE GLOSSGENIUS SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.

16. LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GLOSSGENIUS, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE GLOSSGENIUS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR APP. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE GLOSSGENIUS SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO GLOSSGENIUS FOR YOUR USE OF THE GLOSSGENIUS SERVICES. IF YOU ARE DISSATISFIED WITH THE GLOSSGENIUS SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE GLOSSGENIUS SERVICES.

GLOSSGENIUS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE GLOSSGENIUS SERVICES. BECAUSE GLOSSGENIUS IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE GLOSSGENIUS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.

17. Termination

We may terminate, change, suspend or discontinue any aspect of the GlossGenius Services (including, without limitation, content, features, or hours of availability), at any time and for any reason. We also reserve the right to transfer our business and the GlossGenius Services to a third party. We may restrict, suspend or terminate your access to the GlossGenius Services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned you from the GlossGenius Services, you may not return to the GlossGenius Services for any reason or in any manner. Once you have been banned from use of the GlossGenius Services, you may not thereafter use the GlossGenius Services under a new username or identity. In the event that you do return, or attempt to return, to the GlossGenius Services after you have been banned, you will be deemed to have breached these Terms of Use, and we reserve the rights to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms of Use and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach.

If your account is terminated, note that the following will occur: any pending transactions will be cancelled, any funds that are being held for you in custody at the time of the termination, less any Fees, will be paid out according to your payout schedule, assuming all payout-related requirements have been fulfilled. Your funds may be held if there is a pending investigation at the time of your Account termination. If the investigation yields that you are entitled to some or all of the funds in the dispute, we will promptly release those funds to you. Additionally, if your Subscription and/or Account is cancelled, suspended or terminated for any reason or for no reason at all, you agree that you will a) be bound by these Terms of Use, b) immediately stop using the GlossGenius Services, c) any licenses to any of the GlossGenius Services granted to you under these Terms of Use shall end and that d) GlossGenius will not be liable for any cessation of access to a third party platform or for deletion or hiding of your information or Account data. GlossGenius is not liable for any compensation, reimbursement or damages in connection with your cessation of the GlossGenius Services or in connection with your use of the GlossGenius Services. Termination of the GlossGenius Services does not relieve you of any obligations to pay or debts of any Fees or costs accrued in connection with use of the GlossGenius Services.

18. Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and GlossGenius arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of our GlossGenius Services. YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND GLOSSGENIUS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND GLOSSGENIUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and GlossGenius must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.

19. Referrals

These GlossGenius Referral Program Rules (“Program Rules”) govern your participation in the GlossGenius Referral Program. The Program Rules are in addition to any agreements between you and GlossGenius, including the GlossGenius Terms of Service, the GlossGenius Privacy Policy and the GlossGenius Payments Policy as applicable (collectively, the “GlossGenius Terms”). The GlossGenius Terms are incorporated by reference and shall apply to your participation in the GlossGenius Referral Program, including, if necessary, to resolve any disputes between you and GlossGenius related to or arising out of the Referral Program.

Program Overview

The GlossGenius Referral Program (“Referral Program”) is offered by GlossGenius, Inc. (“GlossGenius”) and provides users (“GlossGenius User”) who are interested in referring their friends or contacts (“Referrers”) the opportunity to refer eligible individuals to join the GlossGenius community as new GlossGenius Users. These Program Rules apply to both referrers and referred GlossGenius Users, so please read carefully to understand your respective rights and obligations.

The GlossGenius Referral Program allows registered GlossGenius Users to earn promotional coupon credits (“GlossGenius Credit”) toward future use of the GlossGenius platform and rewards (“GlossGenius Rewards”). In addition, these Program Rules also govern the participation of other constituents that may be part of the GlossGenius community (collectively, the “Community”). GlossGenius reserves the right to review and deny participation to any constituent of the Community that may not be a GlossGenius User, in addition to this same right for GlossGenius Users.

To participate, GlossGenius Users must agree to these terms, which are part of the GlossGenius Terms of Service.

Referrer Eligibility

To be eligible to participate in the Referral Program as a referrer, you must (a) be a legal resident of the United States; (b) be at least 18 years of age; and (c) maintain a GlossGenius account in good standing. An account in good standing is one that is not delinquent on payments currently or in the past and has not served to violate any of the other GlossGenius Terms. However, if you violate the Referral Program Rules or any applicable Terms of Service, GlossGenius may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts. For example, if you engage in prohibited referral activity under your account, GlossGenius may terminate your ability to participate in the Referral Program under any additional GlossGenius accounts you may have.

GlossGenius Invite Links & Codes

Under the Referral Program, GlossGenius may provide you with a unique code (“GlossGenius Code”), normally through a designated GlossGenius URL to distribute to eligible individuals to become new GlossGenius Users. GlossGenius may also provide you the ability to create additional GlossGenius Codes. GlossGenius owns all rights in and to any GlossGenius Code whether provided to you or created by you. You acknowledge and agree that: (a) GlossGenius may limit the number of GlossGenius Codes you may create or are made available to you, (b) you have no ownership rights in any form over the GlossGenius Codes, and (c) GlossGenius may reclaim, deactivate, invalidate or terminate your GlossGenius Code at any time at its discretion.

How to Refer New Users

A. Referred GlossGenius Users

You may refer eligible individuals to become new GlossGenius Users on the GlossGenius Platform. In order to be eligible for a Referral Reward (defined below) for a new GlossGenius User, the person must (i) have never previously created a GlossGenius account; (ii) be at least 18 years of age, and (iii) satisfy the applicable Reward Criteria, as discussed below. If these conditions are met, the person shall be considered your “Referred User.”

B. Invitations through the GlossGenius Platform

You may invite individuals to become new GlossGenius Users directly through the GlossGenius Platform by entering or providing GlossGenius with your invitee’s contact information (all information collected by GlossGenius under the Referral Program shall be governed by GlossGenius’s Privacy Policy). Inviting an individual through the GlossGenius Platform may generate an automatic invitation text (SMS) or email (the “Invitation”) to the person which may be sent through your phone number or a number controlled by GlossGenius. The Invitation may contain a promotional offer of GlossGenius credit to a new GlossGenius Rider or a bonus to an existing GlossGenius User. The Invitation may also contain a promotional offer of any additional GlossGenius Rewards offered in conjunction with the GlossGenius Referral Program. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the GlossGenius Platform). If your invitee follows the links in your Invitation and creates a GlossGenius account using the information provided, your GlossGenius Code will be automatically applied on the new GlossGenius User’s account. Note that you also agree to be responsible for any SMS costs imposed by Carriers, network data use or any additional costs imposed by any third parties you use in association with sharing your GlossGenius Code, whether directly or indirectly through the GlossGenius Platform.

C. Other Invitations

You may also invite individuals to become new GlossGenius Users by distributing your GlossGenius Code directly and instructing them to manually input your GlossGenius Code into the GlossGenius App. A Referee will not be able to apply your GlossGenius Code if (i) they’ve already applied another GlossGenius User’s GlossGenius Code or a different promotion code, (ii) they’ve already received GlossGenius credit from GlossGenius or another source on their GlossGenius User account prior to entry of your GlossGenius Code, or (iii) they create an account with GlossGenius prior to entering your GlossGenius Code if they start their account without entering your GlossGenius Code, even if they are on a free trial. Note that any GlossGenius User that has previously created account is ineligible for redemption of the GlossGenius Code. If a GlossGeniusUser does not sign up through your GlossGenius code via your unique GlossGenius URL or enter your GlossGenius Code, as applicable and if available inside the app, you will not receive attribution for the referral and they will not be considered your Referred User. GlossGenius reserves the right to supply new GlossGenius Users with GlossGenius Credit or sign-on bonuses at its discretion.

GlossGenius Rewards & Referral Rewards

A. General

You are eligible to earn a referral incentive (“Referral Reward”) for each Referred User that you refer to the GlossGenius Platform (subject to certain maximum limits and the other terms in these Referral Program Rules). As discussed above, in order to qualify as your Referred User, the new GlossGenius User must satisfy the applicable Reward Criteria. The Reward Criteria are set by GlossGenius in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market, or within any particular subset of the GlossGenius user base. GlossGenius, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other GlossGenius Users or prospective GlossGenius Users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with GlossGenius. If the new GlossGenius User that you refer satisfies the Reward Criteria, the type of Reward you are eligible to receive may depend on any factors as determined and communicated by GlossGenius.

B. Earning Rewards for Referred Users

New GlossGenius Users you refer may receive GlossGenius credit upon creating their new GlossGenius account (“GlossGenius Credit”). GlossGenius Credit is only valid for use on the GlossGenius Platform and is not transferable or redeemable for cash. GlossGenius Credit may contain certain restrictions such as expiration dates, organizational limitations or geographical use limitations which will be communicated to the new GlossGenius User. New GlossGenius Users can check with the GlossGenius Supportteam to determine whether they have any GlossGenius Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred User must activate their GlossGenius before the GlossGenius Credit expires, but in no event later than 2 months (60 days) from the creation of their GlossGenius account. For purposes of clarity, activating a GlossGenius account means that a trialing User is now an active, paying subscriber of the GlossGenius Platform. An active, paying subscriber is one that has made a payment, not in the form of a GlossGenius Credit, to the GlossGenius Platform for use of the GlossGenius Services. GlossGenius Credit and Referral Rewards, and any other associated GlossGenius Rewards, will only be granted to accounts that 1) are in good standing, 2) are active & subscribing (paying) members of GlossGenius and 3) comply with all other Terms of the Referral Program. All terms and conditions for the distribution and use of GlossGenius Credit are determined by GlossGenius in its sole discretion.

C. Rewards Given Only For Referred Users that Become Active, Subscribing Users of the GlossGenius Platform

A referred User or a GlossGenius User can only earn a Referral Reward credit when a referred User has 1) successfully completed the free trial period offered by GlossGenius or in conjunction with any other partners and 2) has become an active paying subscriber to the GlossGenius Platform with an account that is in good standing. An active, paying subscriber is one that has made a payment, not in the form of a GlossGenius Credit, to the GlossGenius Platform for use of the GlossGenius Services. All GlossGenius Credits and Referral Rewards will be applied the following month after the referred User completes his or her first subscription payment to the GlossGenius Platform. All terms and conditions for the distribution and use of GlossGenius Credit are determined by GlossGenius in its sole discretion.

D. Additional Referral Rewards Information

Attribution for a Referred User will only be given once the trial period is over and that Referred User has become a paying, subscribing member of GlossGenius. Attribution through a Referral Reward will be denied to a) Users referring themselves or creating multiple accounts and or duplicate accounts for the purposes of this Referral Program, b) Users referring Referred Users for which there is elevated churn levels that signify fraudulent abuse of the program, c) Users that have referred multiple professionals on one paying account (i.e. a salon that has one paying relationship with GlossGenius (sole account holder) but has several professionals on the system).

E. Elevated Abandonment of GlossGenius Accounts

If GlossGenius, in its sole right to investigate, finds that more than 30% of your Referred Users have abandoned their account after a period of only 2 months (includes free trial plus one paying month), GlossGenius reserves the right to withhold Referral Rewards, GlossGenius Credit or GlossGenius Rewards from you and your account. In addition, if GlossGenius finds suspicious or fraudulent activity related to more than 30% of your Referred Users that have abandoned their account after a period of only 2 months, GlossGenius reserves the right to reduce the number of Referred Users previously attributed to you, as applicable.

F. Referrals Will Be Granted for One Key Account Holder

GlossGenius Credit, Referrals Reward and GlossGenius Rewards are attributable based on a Referred User that is the key account holder with GlossGenius. For example, if a professional refers a salon with 5 employees, but that salon has only one key account holder with GlossGenius (one account pays the monthly subscription), then only one referral credit will be granted, not 5 (number of employees). GlossGenius reserves the right to review and monitor these, as applicable.

G. Maximum Rewards for Referred Users

The maximum amount of Referral Rewards that GlossGenius will pay for Referred Users is $1,000 per week (either in cash, GlossGenius Credit, fair market value of the GlossGenius Rewards, or a combination of the three). This maximum Referral Reward amount shall apply across all of your GlossGenius accounts. You may not create multiple GlossGenius accounts to circumvent the Referral Reward maximum, and GlossGenius may withhold or deny any amounts above the maximum Referral Reward. GlossGenius reserves the right to change this maximum amount, and it is your responsibility to review the Referral Program Rules for the current maximum limits.

H. Resolving Disputes over Referrals

Only one person can earn a Referral Reward for a single Referred User. In the event that multiple persons claim credit for a particular referral, GlossGenius has full discretion to determine which person earned such referral according to GlossGenius systems. Note that GlossGenius will attribute Referral Rewards to the account connected with the GlossGenius Code, unless extenuating evidence applies. This will be reviewed on a case by case basis and review and arbitration is in the sole discretion of GlossGenius.

I. Reservation of rights

GlossGenius reserves the right to withhold or deduct Referral Rewards or GlossGenius Credit obtained or GlossGenius Rewards through the Referral Program in the event that GlossGenius determines or believes that the receipt of the Referral Reward or GlossGenius Credit or GlossGenius Reward was in error, fraudulent, illegal, or in violation of these Referral Program Rules or any other applicable agreement between you and GlossGenius.

J. Referral Credits & GlossGenius Rewards

GlossGenius Credits and any GlossGenius Rewards offered in conjunction with the GlossGenius Referrals Program may only be redeemed via the GlossGenius App, Site and Related Services. GlossGenius Credit will automatically appear as a monthly credit on a User’s invoice the following month after a Referred User Activates. GlossGenius Credit or any GlossGenius Rewards cannot be transferred, substituted or requested in any other form. They have no cash value and may not be transferred or exchanged for cash. GlossGenius Credits and GlossGenius Rewards may not be earned by creating multiple GlossGenius accounts. Any GlossGenius Credits or GlossGenius Rewards accrued in separate GlossGenius accounts may not be combined into one GlossGenius account.

K. Discrepancies

If for any reason you believe there is a discrepancy regarding your GlossGenius Credit or GlossGenius Rewards, lease contact us. GlossGenius may require you to submit additional information in order to make a final determination regarding your balance. All decisions regarding your balance will be final and at GlossGenius’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of GlossGenius Credits or any associated GlossGenius Rewards.

Restrictions

In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your GlossGenius Code(s) you agree that:

  1. No spamming. You agree that you will not “spam” anyone with invitations to join the GlossGenius community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:
    1. Mass emailing, texting or messaging people you do not personally know;
    2. Use of automated systems or bots through any channel to distribute, post or respond to your GlossGenius Code;
    3. Use of scripts, programed or automatic dialers to send invites or to communicate GlossGenius Codes; and
    4. Posting referral codes on event or venue pages without express permission from the owner.
  2. No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
    1. Impersonate any person or entity
    2. Create fake accounts, blogs, webpages, profiles, websites, links or messages
    3. Misrepresent your relationship with GlossGenius or any other third party (Don’t create content or communications that could have the effect of leading a consumer to believe that it is an official communication from GlossGenius).
    4. Suggest that an affiliation or partnership exists with a third party where none exists. Some examples include: 1) “Use code ‘KIM’ to get a free vacation! #AMERICANAIRLINES #GLOSSGENIUS”; 2) “Garnier loves GlossGenius! Use code ‘KIM’ to get up to a free month to manage your Garnier products better!”; etc.
    5. Don’t make misrepresentations with respect to the characteristics or qualification requirements for any referral rewards. You acknowledge that GlossGenius may change the characteristics or qualification requirements for referral rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of GlossGenius Credit, the type of GlossGenius Reward, expiration date).
  3. Prohibited content. You agree that you will not use the GlossGenius brand in connection with:
    1. Disparaging or defamatory content concerning GlossGenius or third parties;
    2. Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
    3. Offensive, abusive, intimidating or harassing content
    4. Content that is sexually explicit, obscene and/or contains nudity
    5. Any political and/or religious statement;
    6. Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms
    7. Content that violates someone else’s privacy
  4. Other restrictions. You also agree that you will not:
    1. Specify the monetary amount of the referral code unless authorized by GlossGenius in writing;
    2. Create websites, domains, URLs, social media handles or email addresses containing the word “GlossGenius”;
    3. Use the names or marks of GlossGenius competitors
    4. Use images of celebrities or other public or private figures without their written consent
    5. Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella” would be prohibited);
    6. Engage in phishing or attempting to obtain financial or other personal information
    7. Solicit passwords or personally identifiable information
    8. Sell your GlossGenius Code. You agree that you will only distribute your GlossGenius Code free of charge only for promotional purposes. You may not sell, trade, or barter your GlossGenius Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any referral credit or collateral supplied by GlossGenius.
    9. Violate or infringe the rights of a third party. You will not create any GlossGenius Code that infringes on the intellectual property rights of any third party. You will adhere to the License terms in any use of the GlossGenius Marks.
    10. Advertise. You agree that you will not pay to advertise your GlossGenius Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
    11. Create printed materials other than those authorized by GlossGenius (including but not limited to: VistaPrint)
    12. Post printed materials on public or private property without the express written consent.
    13. Engage in fraudulent activity. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) GlossGenius, the terms of the GlossGenius Referral Program, or any invited users.
  5. If you violate any of these restrictions GlossGenius may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.
Other Terms

The following terms shall also apply to your participation in the Referral Program.

  1. Referred Users who earn a Referral Reward for satisfying the Reward Criteria are not eligible for other sign-on bonuses or sign-on guarantees.
  2. Users cannot earn Referral Rewards for referring themselves.
  3. In exchange for allowing you to promote your GlossGenius Code online (subject to the restrictions above), you agree to include a link on any such promotion page back to GlossGenius’s promotion page (or such other page as GlossGenius designates).
  4. All GlossGenius promotions run for a limited time only and are subject to change at GlossGenius’s discretion.
Termination and Changes

GlossGenius may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason.

We reserve the right to suspend accounts or remove GlossGenius Credit, Referral Rewards or GlossGenius Rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of the GlossGenius Terms of Service or Payments Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

The scope, variety, and type of services and products that you may obtain by redeeming GlossGenius Credits and GlossGenius Rewards can change at any time.

Updates to the Terms of the Referrals Program

We can update the terms of the Referral Program at any time without prior notice. If we modify these terms, we will post the modification on the GlossGenius.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.

20. Entire Agreement

These Terms of Use (including the Privacy Policy and Payments Policy) constitute the entire agreement between you and us regarding the use of the GlossGenius Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to GlossGenius is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GlossGenius’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be binding upon assignees.

21. Miscellaneous

The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America, without regard to conflict of law provisions. With respect to any disputes or claims not subject to arbitration (as set forth in Section 15 above), you agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York, in the United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

22. Questions

If you have questions about these Terms of Use, please email us at support@glossgenius.com.

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