Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY. If you disagree with any part of these Terms, please refrain from using our Site. We may update these Terms from time to time, and may condition your continued use of our Site on your agreeing to those revised terms.
The terms “YSE Beauty”, “us”, “our” or “we” refer to MSS Beauty LLC dba YSE Beauty, a limited liability company registered in California, and the owner of this Site. The term “you” refers to you in your capacity as a User (as defined below) of our Site (as defined below).
By clicking on buttons or boxes labeled “I AGREE …”, “I CONSENT …”, “DOWNLOAD”, “I ACCEPT …” or similar buttons, boxes or links as may be designated by YSE Beauty, you agree to be bound by electronic signatures and are submitting a legally binding electronic signature that will create a legally binding contract between you and us.
As used herein, the following terms shall mean:
“Content” means web pages, text, images, photos, audio, video, location data, and all other forms of data or communication.
“Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, YSE Beauty Content and Third Party Content.
“Third Party Content” means Content that originates from parties other than YSE Beauty or Users, which is made available in connection with the Services.
“User” means a person that accesses, connects to, browses or otherwise uses the Site in any way.
“User Content” means Content that Users submit or transmit to, through, or in connection with the Services.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.
“YSE Beauty Content” means Content that we create and make available in connection with the Site.
- Using the Site; General Terms
- Eligibility. To access or use the Site, you must be 18 years or older and have the power and authority to enter into these Terms.
- Permission to Use the Site. We grant you permission to connect to and use the Site, making temporary electronic copies of and displaying the Site Content for your own personal, non-commercial purposes, subject to these Terms.
- Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- Payment Processors. As of the Effective Date, we do not directly collect payments from our customers. Charges for purchases from us are conducted and processed by Shopify and are subject to its additional terms and conditions.
- Responsibility for Your User Account. You may be required to create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Using Your Account. You may only use your account for personal, non-commercial purposes. In creating an account, we ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information, use the same account information on other sites, or allow other sites to share information about you with YSE Beauty.
- Your Information Is Accurate. You represent and warrant that any information you provide to YSE Beauty, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you register for and use the Site.
- Communications from YSE Beauty. By creating an account, you agree to receive communications we send in connection with the Site. For example, you may receive occasional updates about special promotions and events. Such communications may be sent by email, text message, social media or other means. So long as you have an account, we reserve the right to communicate with you for any lawful purpose, including important administrative issues relating to your account (including technical, security-related, privacy and functional issues).
- Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier) in connection with your use of the Site, including messages received by you in connection with our two-factor authentication procedures. Accordingly, you should use care in selecting a service plan offered by your Carrier.
- Site Purchases
- Intellectual Property Rights
- Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed (“Other Media”); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Services, YSE Beauty may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal, which YSE Beauty has no control over such caching. By submitting Your Content to YSE Beauty, you hereby grant YSE Beauty a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any Other Media. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms. You irrevocably waive, and cause to be waived, against YSE Beauty and users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.
- YSE Beauty Content. As between you and us, we own the YSE Beauty Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the YSE Beauty Content and the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the YSE Beauty Content or the Third Party Content in whole or in part except as expressly authorized by us.
- Trademarks. “YSE Beauty”, and all other names, phrases, logos, and icons identifying YSE Beauty and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of YSE Beauty and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned in the Services may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of YSE Beauty is strictly prohibited, and nothing stated or implied on the Services confers on you any license or right under any trademark of YSE Beauty or any third party.
- Pricing. All prices are shown in U.S. dollars (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- Taxation. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Services (including, without limitation, any Taxes that may become payable as the result of your financial transactions on the Services.
- Errors. We attempt to be as accurate as possible and eliminate errors on the Services; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
- Payment. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Services) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding your account, you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
- Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
- Violate these Terms;
- Reverse engineer any portion of the Site;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
- Termination of Use. If you violate this Agreement, YSE Beauty may block your wallet or IP address from connecting to the Site.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against YSE Beauty and its users any claims and assertions of any moral rights contained in such Feedback.
- Linked Sites
The Site may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. YSE Beauty does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, YSE Beauty makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- Warranty Disclaimer
- NO WARRANTY IN SITE. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. YSE BEAUTY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, YSE BEAUTY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
- DISCLAIMER OF WARRANTIES. YSE BEAUTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF YSE BEAUTY SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, THE YSE BEAUTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR EQUIPMENT OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE.
- Limitation of Liability
- DISCLAIMER. YSE BEAUTY DISCLAIMS ANY LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA, IN EACH CASE, EVEN IF YSE BEAUTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, YSE BEAUTY DISCLAIMS ALL LIABILITY FOR ANY BODILY INJURY OR DEATH OF ANY PERSON.
- No Liability. Neither YSE Beauty nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Site or Content. If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of our Site or Content shall be limited to the maximum extent permitted by law or $100, whichever is less.
- Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, lawsuits, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of these Terms or your use or misuse of our Site or YSE Beauty Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
- Waiver of Jury Trial. Each party acknowledges and agrees that any controversy which may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.
- Class Action Waiver. You agree to waive, with respect to any dispute with YSE Beauty: (a) the right to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; and (b) the right to join or consolidate claims with claims of any other person. The parties agree that no arbitrator shall have authority to conduct any arbitration in violation of this class action waiver or to issue any relief that applies to any other person or entity other than the parties.
- Governing Law; Exclusive Jurisdiction. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and YSE Beauty arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms or the Site, shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of California without regard to its conflicts of laws rules. The courts of the State of California shall have exclusive jurisdiction over any Claim.
- Limitations of Actions. Any Claim must be brought within one year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one year period, such Claim shall be forever barred.
- Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Company’s Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:
11911 San Vicente Blvd, Suite 255
Los Angeles CA 90049
Attn: Copyright Agent.
Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at hello@YSEBeauty.com. Company reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Site.
- Modification of Terms. These terms may be modified by YSE Beauty from time to time in its sole discretion, and, if you have a registered account, you will be notified of any material modifications upon your subsequent login to the Site.
- Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Waiver. Any failure on YSE Beauty’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Severability of Terms. If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with YSE Beauty’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
- Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
- Notices. Notices from us to you may be given to you at the time you connect to the Site. Notices to us may be made via email to Hello@YSEBeauty.com, and will be deemed given 24 hours after it is properly sent and received by our mail servers. Notices to us may also be sent to us by an internationally recognized courier service, with a signature required, and shall be deemed to be received 24 hours after it is received at this address:
11911 San Vicente Blvd, Suite 255
Los Angeles CA 90049
- Effective Date; Last Update. These Terms are effective as of, and were last modified on, May 2, 2023 (the “Effective Date”).