PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.
1. Your Agreement. These Terms govern: (i) your use of the Website, (ii) your receipt of and participation in Dragun Beauty's® services offered through the Website (the "Services"), (iii) your provision of information in connection with using the Website (collectively, the "User Content "); and (iv) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Dragun Beauty® or its licensors and made available to you through the Website (collectively, the "Dragun Beauty® Content"). Please read these Terms carefully; they impose legal obligations on you and on Dragun Beauty®, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
3. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website, Services, or the Dragun Beauty® Content, are the proprietary property of Dragun Beauty® and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Dragun Beauty® and its licensors retain all rights with respect to the Website, Services, and the Dragun Beauty® Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site and/or through the Services unless specifically authorized in writing by Dragun Beauty®.
4.1. Grant of Rights to Dragun Beauty® in User Content. By submitting User Content when participating in the Services, uploading files, or otherwise (if such features are available to you), you grant Dragun Beauty® the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Dragun Beauty's® use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 4.1 (Grant of Rights to Dragun Beauty® in User Content).
4.2. Grant of Rights to You in Dragun Beauty® Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Dragun Beauty® Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Dragun Beauty® Content; (ii) modify or make derivative works based upon the Website or Dragun Beauty® content; or (iii) reverse engineer, reverse compile, or access the Website or the Dragun Beauty® Content in order to build a competitive product or service. You may access and view the Website and the Dragun Beauty® Content for use solely as provided in these Terms, but you may not modify, copy, distribute, or otherwise use the Website or the Dragun Beauty® Content.
Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or is otherwise objectionable.
Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
Use the Website in a manner that could disable, overburden, or impair the Website or Services, or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam" email.
Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.
Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SERVICES AT ISSUE.
7. Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 21 (Contact Us).
8. Product Prices and Logistics. (a) Product Pricing: We make every effort to ensure that the prices and items listed on the Website are up to date and correct. However, the prices and items listed on our Website are NOT guaranteed and are subject to change without notice. When item and/or price changes are made, those changes may not be immediately reflected on the Website. We post to the changes to our Website as often and as quickly as possible in light of our business priorities, but sometimes these postings may be delayed. In such cases, Dragun Beauty® reserves the right to change item selections, and/or the prices that accompany those items. It is important that our customers who visit our Website know and understand this policy and practice, since Dragun Beauty® will not adjust product items or prices at the time orders are made. We apologize if any inconvenience on our customer's part has occurred as a result of the delay of these postings. (b) Logistics: The goods will be imported on your behalf. You authorize Dragun Beauty® to import the goods on his behalf. Further, you agree Dragun Beauty® may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). You agree that you will pay the taxes & duties in addition with the purchase price of the goods.
10. User Conduct; User Disputes. Dragun Beauty® is not responsible for and is not liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online and offline. We have no obligation to become involved in disputes between site visitors. If you have a dispute with one or more site visitors, you release Dragun Beauty® (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
11. Warranty Disclaimer. DRAGUN BEAUTY® DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. DRAGUN BEAUTY DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
DRAGUN BEAUTY® DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL DRAGUN BEAUTY® BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT.
13. Indemnity. You agree to defend, indemnify, and hold Dragun Beauty® and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
14. Contact for Alleged Copyright Infringement. Dragun Beauty® respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify us as follows:
Attn: DMCA copyright administrator
Dragun Beauty® LLC
7162 Beverly Blvd #250
Los Angeles CA 90036
or by email to email@example.com
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
15. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect prospectively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
18. Additional Terms. Certain Services may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.
19. Survival. In addition to any provision that by its nature or intent is intended to survive the termination of these Terms, the following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 11 (Warranty Disclaimer); (iii) Section 12 (Limitation of Liability); (iv) Section 13 (Indemnity); (v) Section 16 (Assignment); (vi) Section 17 (General); and (vii) Section 19 (Survival).
Dragun Beauty® LLC
7162 Beverly Blvd #250
Los Angeles CA 90036
23. This site has been tested for accessibility in connection with WCAG 2.0/2.1 and Section 508 of the Americans with Disabilities Rehabilitation Act.
24. COPYRIGHT AND LEGAL NOTICE. Copyright © 2019 Dragun Beauty®. All Rights Reserved.
DRAGUN BEAUTY AFFILIATE TERMS & CONDITIONS
Promotion of Dragun Beauty
a. Services. Influencer agrees to promote (the “Services”) the Dragun Beauty brand and Dragun Beauty’s products (“Products”) during the Term (as defined below). Influencer will be issued a promotional code (each, a “Code”) provided by Dragun Beauty that allows for a ten percent (10%) discount from certain purchases of Products on the Dragun Beauty website located at www.dragunbeauty.com (the “Dragun Beauty Site”). The Dragun Beauty Site only allows for the use of one code at a time, so Influencer’s discount code cannot be used if a customer uses a pre-existing Dragun Beauty code at the time of purchase. Dragun Beauty may temporarily or permanently deactivate Codes as it deems necessary in its sole discretion and without any liability. Dragun Beauty will endeavor to notify Influencer 7 days before such deactivation. Deactivation may occur due to misuse or lack of use, as determined by Dragun Beauty. Influencer may reach out to firstname.lastname@example.org at any time regarding questions about their status.
a. Compensation. During the Term, with respect to each Qualified Order (as defined below), Influencer will be entitled to receive a commission (the “Commission”) equal to eight percent (8%) of the Net Revenue (as defined below) received by Dragun Beauty with respect to such Qualified Order. Within thirty (30) days after the end of each quarter during the Term Dragun Beauty shall pay to Influencer the applicable Commission for such quarter. Payment dates are as such: April 30, July 31, November 30, January 31. Payment to be made via PayPal to PayPal account information, provided by Influencer.
b. Net Revenue; Qualified Products. As used herein (i) “Net Revenue” means the gross amount actually received by Dragun Beauty with respect to a Qualified Order less all sales tax, returns, credits, rebates and shipping fee income for such Qualified Order, and (ii) “Qualified Order” means an order or the purchase of Products that is placed through the Dragun Beauty Site by a retail customer using Influencer’s Code.
c. Third Party Platform. Influencer shall provide all pertinent personal information through Dragun Beauty’s third party affiliate platform, Refersion. Affiliate links will be distributed via Refersion and will allow Influencer to receive an 8% commission on net sales with a 30 day cookie. Regardless of use of Influencer’s custom discount code of 10%, Influencer will receive an 8% commission on sales associated with Influencer’s custom Refersion affiliate link.
Term and Termination
This Agreement shall commence on the Effective Date and continue in effect for an initial term of [one month], unless terminated earlier in accordance with this Agreement (the “Initial Term”); provided, however, that this Agreement shall automatically renew for successive one (1)-month terms (each, a “Renewal Term” and together with the Initial Term, collectively, the “Term”) Either party may terminate this Agreement at any time for any reason, or no reason. Upon termination of this Agreement, (i) all Codes will expire and (ii) Influencer shall not post or share any Code.
Dragun Beauty hereby grants to Influencer a limited, nonexclusive, non-transferrable, non-sublicensable, worldwide license to use Dragun Beauty’s name and logo during the Term solely as reasonably required to promote Dragun Beauty and the Products in accordance with this Agreement. Influencer may promote the Dragun Beauty brand and Products on websites, newsletters, SMS and social media platforms, including, without limitation, YouTube, Instagram, Twitter, Facebook, Pinterest, Tumblr, Snapchat, TikTok, and Reddit. Not withstanding the foregoing, Influencer may not promote the Dragun Beauty brand and Products on coupon/discount websites or run paid ads. This license will automatically terminate immediately upon termination of this Agreement.
Representations and Warranties Influencer represents, warrants and covenants to Dragun Beauty throughout the term that Influencer:
(i) has the right and authority to enter into this Agreement and to perform all of Influencer’s obligations under this Agreement;
(ii) shall not knowingly harm, misuse or bring into disrepute the Dragun Beauty brand, but, instead, Influencer will exercise best efforts to maintain the value and reputation of the Dragun Beauty brand:
(iii) such content posted (a) will not use false and/or defamatory, inaccurate, libelous, abusive, vulgar, hateful, harassing or threatening, obscene, offensive, or contain disparaging remarks about other people or companies; (b) does not endorse any form of hate or hate group; (c) will not use profane or pornographic; (d) will not use sexually oriented, explicit or suggestive; (e) will not use unnecessarily violent nor derogatory of any ethnic, racial, gender, religious, professional or age group; (f) will not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (g) will not promote any activities that may be construed as unsafe or dangerous; (h) will be in compliance with all applicable laws; or (i) unless specifically approved by Dragun Beauty, does not promote any particular political agenda or message;
(iv) except as otherwise specifically authorized in writing by Dragun Beauty, the content is wholly original with Influencer, and Dragun Beauty’s use thereof will not infringe any patents, copyrights, trademarks, trade secrets or other intellectual property rights or violate the right of privacy, publicity or other rights of any third party, nor has any claim of such infringement or violation been threatened or asserted against Influencer or others
(v) shall comply with all applicable laws, rules and regulations in the performance of Influencer’s obligations hereunder, including without limitation the FTC Endorsement Guides. Dragun Beauty represents, warrants and covenants to Influencer that it has the right and authority to enter into this Agreement and to perform all of its obligations under this Agreement; and
(vi) All testimonials or other similar statements by Influencer shall be expressions of his or her personal experience and belief, and shall be valid unless and until he or she advises Dragun Beauty in writing otherwise.
Each Party (the “Indemnifying Party”) will defend, indemnify and hold the other Party, and its parents, subsidiaries, affiliates and assigns, and each of their respective officers, directors, employees, agents and representatives, harmless from and against all claims, suits, damages, liabilities, judgments, settlements, costs and expenses (including, without limitation, attorneys’ fees) arising out of or relating to (i) Indemnifying Party’s breach of this Agreement, (ii) any act, error or omission of Indemnifying Party, or any of its employees or contractors, related to its obligations under this Agreement or (iii) infringement of any third party’s intellectual or proprietary rights resulting from the contributions of the Indemnifying Party, or its employees or contractors.
For purposes of this Agreement, the term “Confidential Information” shall be deemed to include all information and materials furnished by or on behalf of Dragun Beauty to Influencer, and/or otherwise arising from and/or in connection with the services. Influencer agrees and acknowledges that she shall have no proprietary interest in any of the Confidential Information, and will not disclose, communicate or publish the nature or content of such Confidential Information to any person or entity, nor use, except as authorized in writing by Dragun Beauty, any of the Confidential Information that Influencer receives, acquires or obtains in connection with this Agreement. In the event the Influencer becomes legally compelled to disclose any of the Confidential Information, Influencer shall provide Dragun Beauty with prompt notice thereof and shall not purge any information until Dragun Beauty (or their designees) has had the opportunity to seek a protective order or other appropriate remedy to curtail such disclosure. If such actions are unsuccessful, or Dragun Beauty (or their designees) otherwise waives the right to seek such remedies, Influencer shall disclose only that portion of the Confidential Information which it is legally required to disclose. Influencer shall not issue or authorize publication of any news story or publicity relating to Influencer’s services and/or any rights hereunder, unless in each instance approved in advance and in writing by Dragun Beauty (at their sole discretion). The parties acknowledge and agree that remedy at law for a breach or threatened breach of any of the provisions under this Agreement would be inadequate. In recognition of this fact, and without limiting any other rights or remedies available to Dragun Beauty hereunder, in the event of a breach or threatened breach by the Influencer of any of the provisions contained in this Section 8, Dragun Beauty shall be entitled to obtain provisional equitable relief in the form of temporary restraining order and/or temporary injunction or any other provisional equitable remedy which may then be available, and Influencer hereby agrees not to contest same.
Relationship of Parties.
Nothing contained in this Agreement shall be deemed or construed to place the parties in the relationship of partners, joint venturers, principal-agents, or employer-employee, it being understood that the parties hereto are and will remain independent contractors in all respects and neither party shall have any right to obligate or bind the other in any manner whatsoever.
BY SIGNING UP, YOU ARE VERIFYING THAT YOU ARE 18 YEARS OF AGE.