Thank you for visiting our site, which is owned and operated by BICA BEAUTY (collectively, "We," "Us," or "Our"). Please read these terms of use ("Terms of Use") carefully before using the services of this site (the "Site"). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE (THE "SITE") AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.
These Terms of Use apply to all users of the site, including, without limitation, users who are contributors of content, information, and other materials or services on the site. Your access and use of the site will be subject to the version of the Terms of Use posted on the site at the time of use. If you do not agree with the Terms of Use, you do not have the right to access, view, download, or otherwise use the site or purchase any products, and, accordingly, you should not do so.
At our sole discretion, we may change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes before use of the site, and in any event, your continued use of the site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the revisions on the site, and/or, at our sole discretion, by email.
Privacy
We have developed a Privacy Policy to inform you of its practices concerning the collection, use, disclosure, and protection of your information. You can find the Privacy Policy, which is incorporated into this agreement, on our home page, and by using this site, you agree to the terms of the Privacy Policy.
General Terms of Use
Unless otherwise noted, the products and services on the site are intended only for personal, non-commercial purposes. You agree to use the site only for lawful, non-commercial purposes and comply with all international, federal, state, and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the site or products sold and distributed throught the site.
Eligibility
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the site, (c) do not have more than one (1) account at any given time for the site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.
Your Account
When you set up an Account, you are required to provide your name and email address, sign-in via Facebook or Google or select a password (collectively, your "Account Information"), which you may not transfer to or share with third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else's account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one account, register for an Account on behalf of an individual other than yourself without such an individual's authorization, or register for an Account on behalf of any group or entity.
One of the easiest ways to purchase CLEVERMAN products is to opt-in to a subscription plan. The Subscription Plan automatically sends your next order, which includes all items that you have chosen to include in your Subscription Plan, on the delivery frequency of your choice. Only one Subscription Plan frequency cycle can be selected at a time. By opting into the Subscription Plan, a customer will receive a discount on the purchase price; items added to the order that are not part of the Subscription Plan will not receive a Subscription Plan discount.
Each time CLEVERMAN ships a product to you, BICA BEAUTY will charge the credit card saved in your account for the cost of the product(s) plus any applicable taxes and shipping charges. The credit card charge will be handled. by our secure 3rd party payment processor. BICA BEAUTY does not use or store your credit card information. As a CLEVERMAN customer, you have the flexibility to make adjustments to your subscription order online, including any or all of the following: adjusting your hair/beard color shade, adjusting your glove size, adjusting your hair/beard after-care treatment, changing your shipping address, changing your cycle frequency, rescheduling yout upcoming order and/or skipping your upcoming order. These adjustments must be submitted before the processing date of your next order in order to take effect. Once your account has been set up and your first order shipped, you may turn off your Subscription or make adjustments to your Plan at any time by logging in to your account and choosing My Subscriptions section. Your cancellation will not affect your obligation concerning any product that has already been prepared for an upcoming delivery. You also may restart the Subscription at any time. We also often offer a discount on your first kit; this promotions is to be used once per customer and is not permitted to be redeemed multiple times even if a new account is created for the same customer.
From time to time, CLEVERMAN may offer promotions to people who want to become CLEVERMAN clients. These promotions may be specific to new or prospective clients and not available to existing or previous clients and may be limited to one per household, one per unique user account, one per credit card, one per address, or one per email address. CLEVERMAN reserves the right to determine if a promotion meant for a new client is applicable to you.
AFTER YOU TERMINATE YOUR PARTICIPATION IN THE SUBSCRIPTION PLAN WE WILL NOT PREPARE ANY MORE PRODUCTS FOR YOU, AND YOUR CREDIT CARD WILL NOT BE CHARGED (provided that you terminate before we have prepared your next shipment).
Acknowledgment
To the maximum extent permitted under applicable law, this Section is your written Acknowledgment setting forth information that you should retain (by printing out these Terms of Use) so that you understand certain important information and your rights under our Subscription Plan set forth above, which is an automatic renewal program ("Service").
1. Offer Terms: In connection with a Subscription Plan listed above, you keep a credit (or debit) card active in your account, and this card is automatically charged by our payment processor each time products ordered by you are shipped to you. This will continue indefinitely until you cancel the particular service, as indicated below. The amount charged to your card each time may change under both Services, depending on the price and/or the number of product(s) you have selected.
2. Affirmative Consent: Your participation in our service constitutes your affirmative consent to participate in these automatic renewal/continuous service programs.
3. Cancellation: You can login to your account and cancel your next scheduled shipment/subscription. If your cancellation is not submitted prior to your next orders' processing date, you will get charged for that kit. If an order is not in process or shipped your card will no longer be charged by the particular service you are cancelling.
4. Should there be a material change to the terms of either service, especially if the change affects automatic renewal or continuous service, we will post such material change conspicuously in updated Terms of Use.
Prices
CLEVERMAN reserves the right to modify its pricing at any time, by posting new prices on the site. Also, if you are enrolled on a Subscription Plan, new pricing will only affect deliveries made a minimum of ten (10) days after any price change.
Product Descriptions
CLEVERMAN attempts to describe its products as accurately as possible. However, CLEVERMAN does not represent or warrant that the product descriptions or related content on the site are accurate, complete or up to date. Your remedy in the event that CLEVERMAN's description is inaccurate is to return the product in accordance with the return policies.
PRODUCT WARRANTIES
HAIR COLOR, BEARD COLOR AND HAIR CARE PRODUCT DIFFERENCES ARE LIKELY TO OCCUR FOR MULTIPLE REASONS, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF YOUR RESPONSES TO CLEVERMAN'S QUESTIONS AND/OR PROMPTS, THE SPECIFIC COLOR SETTINGS ON YOUR MONITOR, THE MANNER IN WHICH YOU TREAT THE PRODUCTS AND THE CARE WITH WHICH YOU FOLLOW THE INSTRUCTIONS AND CAUTIONS THEREON, AND YOUR PARTICULAR HAIR COLOR, BEARD COLOR AND HAIR CARE PRODUCT APPLICATION TECHNIQUE.
CLEVERMAN DOES NOT REPRESENT OR WARRANT THAT YOUR HAIR COLOR AND HAIR CARE RESULTS WILL BE IDENTICAL TO THAT OF THE PHOTOS OR IMAGES DISPLAYED ON THE SITE. CLEVERMAN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING DELIVERY TIMES.
SAFETY PRECAUTIONS/WARNINGS
CLEVERMAN PRODUCTS MAY CONTAIN INGREDIENTS WHICH CAN CAUSE ALLERGIC REACTIONS, AND IN RARE CASES SUCH REACTIONS CAN BE SEVERE. YOU AGREE TO FOLLOW ALL SAFETY PRECAUTIONS, WARNINGS AND INSTRUCTIONS SET FORTH ON THE PRODUCT PACKAGING, PRINTED SAFETY WARNINGS EACH KIT AND IN THE COLORING GUIDE AND PERSONALIZED INSTRUCTIONS. TO VIEW THE LIST OF INGREDIENTS USED IN CLEVERMAN PRODUCTS AND THE REFERENCED PRECAUTIONS AND WARNINGS, PLEASE VISIT www.becleverman.com/safety-warnings AND www.becleverman.com/ingredient-list.
SITE WARRANTIES
THE SITE AND THE CONTENT AND MATERIALS CONTAINED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL SITE CONTENT, IS AT YOUR SOLE RISK. CLEVERMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE MATERIALS AND CONTENT ON THE SITE. CLEVERMAN DOES NOT REPRESENT OR WARRANT THAT MATERIALS AND CONTENT ON THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.
CLEVERMAN DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), INCLUDING USER CONTENT OR CONTENT POSTED BY THIRD PARTIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD ENSURE THAT YOUR COMPUTERS ARE PROTECTED BY RECOGNIZED ANTIVIRUS SOFTWARE.
LIMITED LIABILITY
IN NO EVENT SHALL CLEVERMAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREON OR RESULTING FROM USING CLEVERMAN PRODUCTS. IN THE EVENT THAT CLEVERMAN IS FOUND LIABLE TO YOU OR TO A THIRD PARTY FOR ANY REASON, OUR LIABILITY IS LIMITED TO THE GREATER OF: (A) ANY AMOUNTS YOU HAVE PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM (THAT RESULTED IN LIABILITY) HAVING ARISEN, OR (B) $100 (ONE HUNDRED US DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY (SUCH AS NEW JERSEY), SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CLEVERMAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (COLLECTIVELY THE "PROVIDER") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY WRONGFUL OR UNLAWFUL ACTIVITY RELATED TO YOUR INTERNET ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.
SATISFACTION GUARANTEED
If you're not completely satisfied with your first kit, we'll either, we will either send you a new hair color formulation (or replacement hair care product) or issue a refund for your purchased items. To request a new reformulation (or replacement hair care product) or to request a refund, please contact us within 30 days from the date of your purchase. Shipping costs are not refundable. CLEVERMAN reserves the right to limit refunds or reformulations (including product replacements) to one per client per product.
RETURN POLICY
At this time, Cleverman is not accepting physical returns of un-used, un-opened products. If your are unhappy with your shipment and are looking for process a return or refund, please fill out this form, which will be submitted to our Customer Support Team for review and processing. A member of our team will be in touch and can advise on your refund request accordingly. Cleverman reserves the right to limit refunds or reformulations (including product replacements) to one per client per product.
If you purchase Cleverman products from an unauthorized retailer or other unauthorized sources, we will be unable to offer you a refund or provide customer support assistance.
User Content
We welcome user comments, information, and submissions. Also, you and other users of the site from time to time may have an opportunity to post on the site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising, and other promotional materials or events, facts, advice, "tips," opinions and other material (collectively, "User Content"). Subject to our Privacy Policy, all User Content that you post on this site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this site. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the site. We and our affiliates are not responsible for any user's misuse or misappropriation of any User Content you post on the site.
Review of Submissions
We have no obligation to verify the identity of any users when they are connected to the site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the site and the public.
User Conduct
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the site for any purpose prohibited by these Terms of Use. You are responsible for all of your activities in connection with the site.
By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion; (b) harm any person in any way; (c) upload, post, e-mail, or otherwise transmit any User Content that (i) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party; and (iii) you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (e) obtain unauthorized access to any system, data, password or other information; (f) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit others to join or become members of any other commercial online service or other online or offline group or organization; (k) impersonate any other person or entity, including by providing any false personal information to us (including a false user name) or creating any account for anyone other than yourself; (l) submit any person’s identification documents or sensitive financial information; or (m) breaches the Privacy Policy. Violation of any preceding may result in immediate termination of your license to access or use the site and subject you to state and federal penalties and other legal consequences. We reserve the right but shall have no obligation, to investigate your use of the site to (1) determine whether a violation of the Terms of Use has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.
No Endorsement
We do not control the User Content posted on the site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity, or quality. We do not determine whether User Content violates others' rights, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements, and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities. We do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible.
Our Right to Use User Content
You do not have to submit anything to us, but if you choose to submit any User Content to the site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the site a non-exclusive license to access your User Content through the site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction, and users of the site shall not be entitled to any compensation whatsoever for any such use, transfer, or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled per our Privacy Policy.
Transmitting Materials
You understand that the technical processing and transmission of the site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the site.
You agree that you will not harvest, collect, or store Information about the Site or User Content users or use such information for any purpose inconsistent with the purpose of the site or to transmit or facilitate the transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not:
(i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site;
(iii) bypass any measures we may use to prevent or restrict access to the site or portions thereof (or other accounts, computer systems or networks connected to the site);
(iv) run any form of auto-responder or "spam" on the site;
(v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the site;
(vi) harvest or scrape any content from the site.
Product Availability
The availability of the products and services described on the site, and the descriptions of such products and services, may vary based on location and timing.
Orders, Prohibition on Reselling
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information before the acceptance and/or shipment of any order.
You may not purchase any item from this site for resale by you or any other person. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where the product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Contests
This site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
(i) Sweepsteaks
- All site visitors of becleverman.com are allowed to participate in the sweepstakes. To be eligible to win, the email should have been sent via the pop-up visible in the homepage or landing pages. User just needs to enter the email once, sending the email multiple times does not increase the probability to be the winner.
- To enter the sweepstakes it is not necessary to purchase, perform any task or pay any amount for participation. Only one entry per person is allowed. Be aware that shipping limitations of our products applied to this sweepstakes. Cleverman currently ships to the contiguous 48 states; at this time, we unfortunately do not ship to Hawaii, Alaska, Puerto Rico or any other US Territory.
- Only entries submitted via the official method designated for entry into the sweepstakes will be accepted. Cleverman will not accept entries that (a) are automatically generated by a computer or any other system; (b) are completed by third parties or in bulk; or (c) are illegible, incomplete, fraudulent, altered, reconstructed, forged or tampered with.
- Cleverman will do a sweepstake 4 times a year (once per quarter) starting in July 2022 with all emails collected February 2022 through June 2022. Following one will be in October 2022 among those who submitted their entry in Q3 (July 2022 through September 2022), then January for those who submitted an entry in Q4, and so forth. Every time a winner is selected (by chance) among all participants, an email will be sent to that person only communicating the news.
- Prize will be emailed to winner(s) within 15 Days of sweepstakes taking place. In the case of free Cleverman product, the winner will receive a free coupon that he/she will be responsible for redeeming.
- Prize is non-exchangeable, non-transferable and no alternative cash payment is offered.
- The winner(s) is responsible for providing complete and accurate contact information to Cleverman, and Cleverman will be held harmless if the winner has not received the prize(s) due to incorrect or incomplete contact information provided.
- Entrants are deemed to have accepted and agree to be bound by the Promotion Terms and Conditions at the time of entry. Cleverman reserves the right to deny participation or delivery of the prize to any person who fails to comply with the Terms and Conditions of the Promotion.
- The winner(s) is responsible for any obligation to declare the prize to the relevant tax authorities and to remit, accept or pay any tax, fee, withholding and/or expense of any kind, which by virtue of the application of tax regulations may be applicable, leaving Cleverman exempt from any liability in this regard and having no obligation to provide tax advice. Any other costs that are incurred, in addition to those mentioned above and that are incidental to the fulfillment of the prize, are the responsibility of the winner(s).
- To the extent permitted by applicable law, Cleverman, its agents or distributors shall have no obligation to compensate Winner(s) under any circumstances or accept any liability for any loss, or damage that occurs as a result of accepting or using the prize. Not with standing the foregoing, the promotion may exclude or limit the liability of the responsible part in cases of personal injury when caused by the negligence of the responsible part, it's agents or distributor or that of its employees. The mandatory rights of the participants are not affected by this provision
Intellectual Property Rights
The site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively "Proprietary Material"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by BICA BEAUTY or by other parties that have provided rights to it to BICA BEAUTY.
Except as otherwise provided in these Terms of Use or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Altering the materials appearing on the site or using such materials for any other purpose is a violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
BICA BEAUTY respects the intellectual property rights of others. Suppose you are a copyright owner or an agent thereof and believe that any User Content or other content on the site infringes your copyright. In that case, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
· A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· 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;
· Identification of the material that is claimed to be 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;
· Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above, your DMCA notification may not be sufficient. Our designated Copyright Agent to receive notifications of claimed infringement is:
BICA BEAUTY
413 WEST 14TH STREET FLOOR 2
NEW YORK, NY 10014
contactus@becleverman.com
After receiving a valid notification of claimed infringement, we will process and investigate the claim and, if appropriate, will act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request.
This notification process does not limit BICA BEAUTY's ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.
Account Termination
Our policy is to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights.
In appropriate circumstances, we may terminate your account for the site and any or all affiliate sites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide sufficient information to verify that the user is a repeat infringer
Third-Party Sites and Links
You may be able to link to third party Sites, services or resources on the Internet from the site, and third party Sites, services or resources may contain links to the site (collectively, "Linked Sites"). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the Information or material accessed through these Linked Sites.
Third-Party Merchants
The site may enable you to order and receive products, information, and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and other matters concerning the merchandise, services, or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information or ensuring the confidentiality of your transactions.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for a third party's goods and services, including in connection with co-promotions, sponsorships, and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity, or legality of any such advertised goods or services.
Events
You may be invited or asked to attend events we sponsor or events held by other members and users of the site, which are not in any way associated with us (collectively, "Events"). Your participation in any Events is at your own risk.
Use of Software
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license and the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install it on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
Termination
We may terminate or suspend your access to the site, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the site (or any portion, aspect or feature of the site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the site. If you wish to terminate your account, you may do so by following the instructions on the site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms of Use.
Governing Law; General Information
We control and operate the site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the site, visitors acknowledge that the site, and all activities available on and through the site, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree that the State of New York laws, excluding its conflict of laws rules, and these Terms of Use, our Privacy Policy and any other policies posted from time to time on the site applicable to your use of the site shall govern your use of the site. Please note that your use of the site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the site resides in the courts of the County of New York, State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
A printed version of the Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use are the entire agreement between you and us concerning the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us concerning those matters. If any provision of these Terms of Use is found to be illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. 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. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.
Notices
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us page. You agree that we may send notices to you regarding your use of the site by means of electronic mail, a general notice posted on the site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
These Terms of Use were last updated September, 2020.
