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.
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
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.
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.
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.
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.
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.
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.
