top of page

TERMS & CONDITIONS

General

This website http://www.hollieberry.com (the "Site") is owned and operated by Hollie Berry Beauty ("Company," "we," or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from the Company.

Accessing the Site, in any manner, whether automated or otherwise, constitutes the use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to modify these Terms of Service or impose new conditions on the use of the Site from time to time. In such cases, we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the modified Terms of Service.

 

Intellectual Property Rights

A) Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that infringes upon our rights or that has not been authorized by us. Specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. However, you may download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices.

B) Your License to Us. By posting any comments to us via the Site, you represent: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material, and (ii) that you are thirteen years of age or older. Additionally, by submitting or posting any material, you grant us and anyone authorized by us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This grant includes the right to exploit any proprietary rights in such posting or submission, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Furthermore, in exercising such rights, you grant us and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

C) Limitations on Linking and Framing. You may establish a hypertext link to the Site as long as the link does not state or imply any sponsorship of your site by us or the Site. However, you may not frame or inline link any of the content of the Site without our prior written permission, nor may you incorporate our material, content, or intellectual property into another website or service.

 

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply endorsement or sponsorship of those sites, their information, products, or services. In addition, neither we nor our affiliates operate or control any information, products, or services provided by third parties on or through the Site or on websites linked to by us on the Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the Company does not endorse or assume responsibility for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized Company representative acting in their official capacity.

 

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY THE COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, their successors, transferees, assignees, and licensees, as well as their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

 

Online Commerce

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide their personal information.

 

Currency

All sales are billed in United States Dollars (USD) as required by law.

 

Refund Policy

All sales are final, and we do not accept returns.

 

Interactive Features

Responsibility for what is posted on comment fields and other public posting areas on the Site, or sent via any email services on the Site, lies with each user. You alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. By using the Site, you agree not to:

  • Restrict or inhibit any other user from using and enjoying the Site.

  • Use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Interfere with or disrupt anyservers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.

  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

  • Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

  • Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.

  • Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes or that contains advertising.

  • Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

  • Gather, for marketing purposes, any email addresses or other personal information that has been posted by other users of the Site.

  • Purchase, download, or copy any products or services from this site and use them to pirate said content.

Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the comment fields or other public forums in the future. The Company or its designated agents may remove or alter any user-created content at any time for any reason. Comment fields and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company's outside contributors, or by users not connected with the Company, some of whom may employ anonymous usernames. The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties. We are not responsible for any errors or omissions in such postings or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

 

The Company has no obligation whatsoever to monitor any of the content or postings in the comment fields or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor them at our sole discretion. Additionally, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason. We may also disclose such materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

 

You acknowledge and agree that no representation has been made by the Company or its Affiliates and relied upon as to the future income, expenses, sales volume, or potential profitability that may be derived from the participation in or purchase of any product or service on this Site.

All links provided on the Site are for information purposes only and are not warranted for content, accuracy, or any other implied or explicit purpose.

Other

A) DMCA. The Company acknowledges the Digital Millennium Copyright Act of 1998 (the "DMCA"), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you or your agent may send a notice to the Company requesting the removal of the material or blocking access to it. Any notification that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice to the Company. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Please refer to http://www.loc.gov/copyright for details. The Company's designated Copyright Agent for notice of claims of copyright infringement or counter-notices can be reached at hollie@hollieberry.com.

B) Assignment. This Agreement shall be binding upon and inure to the benefit of the Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of the Company. However, all rights and obligations under this Agreement may be freely assigned by the Company to any affiliated entity or any of its wholly owned subsidiaries.

C) Choice of Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Copyright Notice

All rights reserved. No part of this Site or the products and services contained therein may be copied, changed in any format, sold, or used in any way other than what is outlined without express permission from Hollie Berry Beauty.

 

Contacting Us

If you have any questions regarding these Terms and Conditions, you may contact us at hollie@hollieberry.com.

bottom of page