Copyright

General

Hama Beauty, Inc. ("Hama") gathers publicly accessible product data and information through affiliate links, which is then curated based into personalized product recommendations based on user input. All product links are affiliate links, and Hama receives a small commission for any purchases made using the affiliate product links. Hama does not directly stock, sell, nor make any products listed. Hama does not guarantee that a product will completely deliver what is stated in a brand's description or stated in individual results, we provide recommendations but cannot guarantee usability of any particular product. Hama does not claim ownership of any product names, brand names, images, product data, or product reviews gathered through the affiliate links; these below to the brand owners of products linked.

Notice of Copyright Infringement


Hama Beauty, Inc. ("Hama") respects the intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Hama will respond expeditiously to claims of copyright infringement committed using the Hama website accessible through a mobile device or other type of device (the "Site") that are reported to Hama's Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Hama's Designated Copyright Agent. Upon receipt of the Notice as described below, Hama will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

DMCA Notice of Alleged Infringement ("Notice") Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found. Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.

Attn: Copyright Agent c/o Hama
legal@hamabeauty.com


Privacy

General

Your privacy is critically important to us.

It is Hama's policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to https://www.hamabeauty.com/ (hereinafter, "us", "we", or "https://www.hamabeauty.com/"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.

This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.

Website Visitors

Like most website operators, Hama collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Hama's purpose in collecting non-personally identifying information is to better understand how Hama's visitors use its website. From time to time, Hama may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Hama also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.hamabeauty.com/ blog posts. Hama only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to Hama's websites choose to interact with Hama in ways that require Hama to gather personally-identifying information. The amount and type of information that Hama gathers depends on the nature of the interaction. For example, we ask visitors who sign up to be able to add personalized recommendations to their Favorites to provide an email address and password.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Advertisements

Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Hama and does not cover the use of cookies by any advertisers.

Links To External Sites

Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

Protection of Certain Personally-Identifying Information

Hama discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Hama's behalf or to provide services available at Hama's website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Hama's website, you consent to the transfer of such information to them. Hama will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Hama discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Hama believes in good faith that disclosure is reasonably necessary to protect the property or rights of Hama, third parties or the public at large.

If you are a registered user of https://www.hamabeauty.com/ and have supplied your email address, Hama may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Hama and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Hama takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Aggregated Statistics

Hama may collect statistics about the behavior of visitors to its website. Hama may display this information publicly or provide it to others. However, Hama does not disclose your personally-identifying information.

Affiliate Disclosure

This site uses affiliate links and does earn a commission from certain links. This does not affect your purchases or the price you may pay.

Cookies

To enrich and perfect your online experience, Hama uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Hama uses cookies to help Hama identify and track visitors, their usage of https://www.hamabeauty.com/, and their website access preferences. Hama visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Hama's websites, with the drawback that certain features of Hama's websites may not function properly without the aid of cookies.

By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to Hama's use of cookies.

E-commerce

Hama will never ask you for financial information. When you select the "Buy Now" button, you will be taken to the retailer that lists the product for sale. All sales will be done through the particular retailer, as Hama does not stock any products.

Privacy Policy Changes

Although most changes are likely to be minor, Hama may change its Privacy Policy from time to time, and in Hama's sole discretion. Hama encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.


Please direct any questions or concerns to legal@hamabeauty.com

Terms of Use

General

Hama is a web-based beauty product recommendation platform that recommends beauty and skincare products to users based on their needs. These terms and conditions (Terms) govern your access to and use of the Services (as described below), and any information, text, graphics, videos, or other materials appearing on the Services (collectively referred to as Services).

THESE TERMS CONTAIN BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SERVICES.

Use of Services

The Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.

License to Use the Services


The method for providing beauty product recommendations utilized by Hama is Patent Pending. You may not: (i) copy, modify or distribute an Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Account Registration

In order to access, use or receive certain Services, you may register and create an account (Account) and become a Registered User by either registering through our Site. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password.

Passwords

You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. Hama is not liable for any loss or damage arising from your failure to comply with the above requirements.

Privacy

Any personal information that you provide to Hama is subject to our Privacy Notice, which governs our collection and use of your personal information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.

Content on the Services

While we intend for Hama to be a collaborative space where users and publishers can share useful and interesting information about beauty products, Hama is not responsible for screening and/or verifying the product data and information provided on or through the Services and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice. All reviews integrated into our database through affiliate links is subject to the terms and conditions of their sources. You agree that you use the content on Hama at your own risk.

The Services may include advertisements or other forms of content sponsored by third parties (emails, blog posts and articles, reviews, etc.). We hope you love the content we show you and product recommendations we share, and we want you to know that Hama may receive compensation for some of the sponsored content made available through the Services, or may receive compensation if you follow the links associated with this content. The offers we show you are subject to change without notice. The sponsored content may be targeted to the Content or information on the Services, queries you make through the Services, information we learn about you, or other information. The types and extent of sponsored content on the Services are subject to change. In consideration for Hama granting you access to and use of the Services, you agree that Hama and its third party collaborators may place such advertising or sponsored content on the Services or with the Content, including where the Content is submitted by you or others. Hama will provide product recommendations that are geared towards individuals seeking products for certain skincare concerns. These are provided for informational and convenience purposes only, and are not intended to be (and do not constitute) dietary, nutritional, medical, or safety advice or recommendations. You should consult with a medical or skincare specialist with any specific questions.

DMCA/Copyright Policy

Hama Beauty, Inc. ("Hama") gathers publicly accessible product data and information through affiliate links, which is then curated based into personalized product recommendations based on user input. All product links are affiliate links, and Hama receives a small commission for any purchases made using the affiliate product links. Hama does not directly stock, sell, nor make any products listed. Hama does not guarantee that a product will completely deliver what is stated in a brand's description or stated in individual results, we provide recommendations but cannot guarantee usability of any particular product. Hama does not claim ownership of any product names, brand names, images, product data, or product reviews gathered through the affiliate links; these below to the brand owners of products linked.
Please see Hama's Copyright Policy for further information.

Third Party Services

The Services also contain links to third party websites, resources and services provided by third parties. Hama is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the information, products, or services available on or through such third parties. The availability of such third party services does not imply any endorsement by Hama. You are responsible for and assume all risk arising from your use or reliance of any third party services.

General Prohibitions

You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, Hama’s computer systems, or the technical delivery systems of Hama’s providers; (ii) gather and use information, such as other users' names, real names, email addresses, or other information available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Hama has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Ownership

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Hama and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Hama or the Services (Feedback) will be the sole and exclusive property of Hama and you hereby irrevocably assign to Hama all of your right, title and interest in and to all Feedback. Subject to your compliance with the terms and conditions of these Terms, Hama grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Hama solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hama or its licensors, except for the licenses and rights expressly granted in these Terms. In addition, certain Content may be provided through the Services pursuant to a Creative Commons License. You may only copy, modify and redistribute such Content marked with the Creative Commons License outside of the Services as long as you meet the terms of the applicable Creative Commons License under which that Content was made available.

Termination

You can terminate your Account at any time by deactivating by providing notice of termination to us at tech@hamabeauty.com. If you breach any of these Terms, Hama will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. Hama will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Hama under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Indemnity

You agree to defend, indemnify, and hold Hama, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HAMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to or application of conflict of laws rules or principles. The failure of Hama to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Notice are the entire and exclusive agreement between Hama and you regarding the Services, and these Terms supersede and replace any prior agreements between Hama and you regarding the Services. We may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Arbitration Agreement

READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.


As used in this Arbitration provision and the subsequent Class Action Waiver provision, "you" and "your" includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns. This Arbitration Agreement (Agreement) is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever that You may raise against Hama and its and their, heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, assigns, and each of their respective shareholders, directors, officers, employees, agents, and representatives (collectively, the “Affiliated Entities”), whether in contract, tort or otherwise, including but not limited to statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with: all aspects of the Services, including the Site, the Applications, the Smart Products, and all content on the Site and Applications; any products sold or advertised on the Site or Applications (including but not limited to the use, design, testing, manufacture, marketing, advertising, or labeling of any product advertised or purchased on or through the Site or Applications); and these Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Terms) (all of which are collectively referred to herein as Claims). You agree that you will assert any Claim against Hama and/or the Affiliated Entities by arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (AAA Rules), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the extent there is any inconsistency between the terms of this Arbitration provision and the AAA Rules the provisions of this provision shall apply. The AAA Rules, forms and information are available online at www.adr.org, or can be obtained by calling the AAA at 1-800-778-7879. Unless Hama and you agree otherwise, any arbitration hearing(s) will take place in the province or jurisdiction in which you reside. In the event that any provision of this Arbitration provision or the Class Action Waiver provision is found to be invalid or unenforceable in a particular case or jurisdiction, that provision will be severable in that case or jurisdiction, as the case may be, without affecting the validity and enforceability of the remaining provisions of the Agreement, and shall not affect the validity and enforceability of the Agreement in other cases and jurisdictions. In the event that you intend to commence an arbitration or a court proceeding, you must first notify Hama by contacting us at the following address, with a copy also sent to support@hama.com: ATTN: Legal Counsel; Hama Beauty, Inc. (Notice) and attempt to resolve your Claim. If you and Hama and/or the Affiliated Entities do not reach an agreement to resolve your Claim within 30 days after Notice has been provided, either party may commence an arbitration proceeding in accordance with this Agreement. You will be responsible for paying your filing, administration, service, case management, arbitrator and reasonable hearing fees. You may be ordered to reimburse us in whole or in part for any of the amount that we pay if the arbitrator or the court, as the case may be, finds that any of your Claims were filed for purposes of harassment or are frivolous.

Class Action Waiver

READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS.


EXCEPT WHERE PROHIBITED BY LAW, YOU AND HAMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator against Hama and/or the Affiliated Entities. Further, unless both you and Hama agree in writing, the arbitrator may not consolidate your claim with another person's claim, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

Contact Us

If you have any questions about these Terms, or about Hama in general, please contact legal@hamabeauty.com. However, if you have questions about an order you placed using a third-party affiliate link, you must contact that vendor.
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