TERMS OF USE

Jini Beauty LLC ("Jini" or the "Company") is the operator of www.jinibeauty.com (the "Site"). By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by the Terms of Use hereunder (the "Terms"). If you do not agree to these Terms, please do not visit this Site. Otherwise, the Company grants a non-exclusive, non-transferable license to those who access, browse, or use the Site.
Jini reserves the right to revise the Terms at any time by updating this page. We suggest that you review these Terms each time you visit the Site because your use of the Site will constitute acceptance of these Terms regardless of whether you are aware of any modifications to these Terms. Jini also reserves the right to revise the services and products available on the Site and to suspend or discontinue an area of the Site without liability to you or a third party. From time to time, we may restrict your access to a part or all of the Site, during which we conduct routine maintenance or other matters. By agreeing to these Terms, you waive notice of any of the above revisions that the Company may make to this Site.


USE OF THE SITE

This Site is intended to be used for non-commercial, personal use only and in full compliance with these Terms. It is a violation of Jini's Terms to use the Site for any of the following purposes:

  • Communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
  • Modifying, publishing, transmitting, or participating in the transfer, sale, or creation of derivative works from, or in any way exploiting, any of the content found on the Site, in whole or in part;
  • Posting or sharing any information which is false, inaccurate or not your own;
  • Engaging in conduct that is illegal, giving rise to civil liability or criminal offense, and otherwise in violation of any law or regulation, whether municipal, state, or federal;
  • Attempting to interfere in any way with the Site's network security or attempting to use the Site to gain unauthorized access to any other computer system;
  • Using spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute the Site's content;
  • Using any automated means to manipulate the Site, for example automating what are supposed to be manual or one-off procedures; or
  • Disrupting the Site or any user’s experience of the Site, through methods including, but not limited to, overloading, "flooding", "mail bombing" or "crashing" the Site and circumventing security or user authentication.

You are responsible for your own communications and the consequences of same, including the uploading or posting of information to the Site. You may not copy, modify, or distribute any of the content on this Site without the explicit permission of the Company.
Jini controls and operates the Site from the United States. If you choose to use or access the Site from outside the United States, you assume the risk and responsibility of compliance with any local laws which may be applicable. The Company cannot ensure that this Site and your use of the Site will be in compliance with said local laws. We also cannot make any representation that the content on the Site will be available or appropriate for use outside the United States.
Any use of the Site that does not comply with the Terms referred to in this section herein will be deemed in contravention of Jini's terms and conditions and the appropriate actions will be taken against the violator.


REGISTRATION AND PASSWORDS

In order to access certain services on the Site, you will have to register for an account and provide specific information. This information must be truthful, correct to the best of your personal knowledge, and further, you may not use any aliases or deceitful means to hide your identity. You are responsible for the security of the password to your account and your password should be safeguarded at all times. You will be held solely liable for any unauthorized use of the Site pursuant to use of your password by another person or entity. Please be advised that the Company may suspend or terminate your account with or without notice upon discovery of such breach or unauthorized use.
Access to the Site is only for registered and unregistered users who are aged 13 years and older. If you are a minor, you must first obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. The Company reserves the right to restrict or revoke your ability to access the Site, without notice, if it is ascertained that you are a minor, a previously terminated user, or any user who has violated the Terms by engaging in any of the purposes referred to in the preceding section. Use of the Site is void where prohibited by law.



THE SUBSCRIPTION

Jini offers subscriptions which constitute both a product and a service. Subscriptions may be purchased for either personal use or as a gift. Transfer of subscriptions to persons other than the purchasing subscriber or intended gift recipient is not allowed. Once purchased, gift subscriptions can only be cancelled by the giver, pursuant to the applicable cancellation terms for the type of subscription that was purchased for the recipient.
By purchasing a subscription, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically renewed for successive terms and your payment method will automatically be charged for each successive term based upon the applicable price for your chosen subscription term as provided for on the Site at the time of billing. Upon cancellation, you will no longer be automatically charged for successive terms; however you may still receive your next subscription box depending on your date of cancellation.
By purchasing a subscription with a prepaid term of 3 months or 6 months, you acknowledge that your subscription has an initial pre-payment feature and your payment method will be charged at the time of purchase based upon the applicable price for your chosen subscription term as provided for on the Site. At the end of your prepaid term, your subscription will be automatically renewed for the same term unless you contact us to request another subscription period, you log in to your account and make the change, or you cancel your subscription entirely. If you cancel your subscription prior to the end of your prepaid term, you will not receive a partial refund of any kind and the cancellation is effective as to the next automatic renewal only. 
The total cost of your subscription will include the price of the subscription plus any applicable sales tax which is based on the shipping address and the rate of the sales tax rate in effect at the time of purchase. Sales tax will only be charged if the products are to be delivered to an address in a state where internet sales are taxable and the Company maintains a presence sufficient to establish a taxable nexus. Please be advised that since the Company is registered to do business in the State of New Jersey, all subscriptions with a shipping address in said state will be charged sales tax.
Jini cannot refund any charges that may be submitted while a cancellation request, change of payment request, or any other notice or request is pending with respect to your account. All such notices or requests will be immediately processed in the order that we receive them. Once purchased, gift subscriptions cannot be cancelled by either the giver or the recipient.
Your subscription will be shipped by a third party carrier and as such, title and risk of loss for all boxes and the products contained therein will pass to you upon our delivery of the same to the carrier. Jini cannot be held responsible for any loss, damage, theft, or otherwise that may occur after the goods have been transferred from our possession.
We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Your subscription is void where prohibited by law.


FRAUD PROTECTION

In the course of processing subscription orders, we may screen orders for fraud or other types of unauthorized or illegal activity. For verification purposes, your credit card may be charged a $0.00 or $1.00 transaction as part of this screening, and any such transaction is automatically voided following the verification.
We reserve the right to refuse to process an order, ship to certain addresses, or to cancel an account, due to suspected fraud or unauthorized or illegal activity. If we suspect fraud or such activity, we may reject your order and/or we may contact you to request confirmation that you have placed the order in question. These measures are taken for the purpose of protecting you, the Company, and any third parties who may be affected by the suspected fraud.


PRODUCT INFORMATION

The Company works to ensure that all product information on the Site is complete and accurate to the best of our knowledge and abilities, excluding any user-submitted content over which we may not have control. We reserve the right to correct typographical errors, pricing errors, and other inaccuracies without notice and liability.
All product information on our Site is given for informational purposes only and such information should not be construed as professional advice. You should still read and strictly follow all product labels, instructions, and warnings and seek independent professional advice if necessary.
Jini’s curation of products is based on our personal knowledge, research and testing of what is suitable for each skin type. We do not make any representations or warranties that users of said products will have the same results or experience the same degree of results. By purchasing a subscription, you agree to assume the risk and responsibility of how your skin may individually react to the products. Please consult the products manufacturers, their warranties, terms, and policies if you have any concerns over what is represented on the labels, instructions, and descriptions.


PROPRIETARY RIGHTS

You acknowledge that the content available on the Site, including but not limited to, the text, materials, images, videos, graphics, trademarks, logos, button icons, music, software and other elements, are the sole property of the Company or our licensors. This content is protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site that is a violation of Jini’s proprietary rights.
The content on this Site is copyrighted by Jini Beauty LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed, by virtue of your accessing or using our Site.


GUIDELINES FOR CONTRIBUTED CONTENT

By sharing, posting, or otherwise transmitting any content on the Site, you are granting a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to Jini for use, copying, distribution, public display, modification, creation of derivative works, and sublicensing of such content or any part thereof. You relinquish any exclusive use of your contributed content once it is permanently uploaded onto the Site. Please be advised that Jini will be entitled to use any of your submitted content without being obligated to maintain confidentiality or pay compensation to you.
You hereby represent, warrant and covenant that your contributed content does not include anything such as text, images, music or video, to which you do not have the full right to grant the license specified above. You further represent, warrant and covenant that your contributed content will not be libelous or contain any unlawful, abusive, or obscene material.
We reserve the right to remove or delete your content if it unequivocally exhibits any of the following purposes or characteristics:

  • Defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights of others such as privacy or publicity;
  • Uses obscenities or language that would be discriminatory, sexually explicit, or offensive to a reasonable person and not be suitable for a public forum;
  • Posts advertisements, spam, links or references to other products, offers, or websites;
  • Posts email addresses, URLs, phone numbers, physical addresses or other types of private contact information;
  • Posts extremely critical, spiteful, or hateful comments about other content on the Site or about the users who submitted the other content;
  • Embeds files that contain software or published material covered by intellectual property, privacy, or publicity laws, which you are not legally entitled to use, you do not own or control the rights thereto, or for which you have not obtained the prior necessary consent;
  • Embeds files or incorporates content that contain viruses, corrupted files, or any similar malwares or programs designed to damage the operation of another's computer;
  •  Falsifies or deletes any user attributions, legal notices, proprietary designations or labels of the origin or source of software or any material that is part of an uploaded file; or
  • Impersonates any person or entity or your affiliation therewith or makes any material misrepresentations of yourself, another person or entity, and any relevant information thereof.

All contributed content is subject to these Terms and specifically the provisions set forth in this section herein.


COPYRIGHT INFRINGEMENT

Jini prohibits the posting of any content that violates or infringes the copyright or other intellectual property rights (including privacy and publicity) of any person or entity. If you believe that any content on this Site infringes your copyright or other intellectual property rights, you should notify us at hello@jinibeauty.com of your copyright infringement claim and we will instruct you as to the mailing address where you should send your takedown notice as required by the Digital Millennium Copyright Act ("DMCA").
To be effective, the takedown notice must be in writing and contain the following information pursuant to the DMCA, 17 U.S.C. §512(c)(3)(A):

i.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii.    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 the service provider to locate the material.
iv.    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v.    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi.    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt, we will process your notice in accordance with the DMCA.


GENERAL DISCLAIMERS

You assume all risk and responsibility associated with your use of the Site.
THE SITE, ITS CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A "LINKED" SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY KIND OF WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
SPECIFICALLY, BUT WITHOUT LIMITATION, JINI DOES NOT WARRANT THAT THE FUNCTIONS AND PROCESSES ON THIS SITE WILL BE FREE FROM DEFECTS OR ERRORS OR THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, AND FURTHER DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Company makes no representations or warranties regarding any other site, affiliated or non-affiliated, to which you may be directed or hyperlinked from this Site, with respect to the accuracy and availability of the information provided at such sites. Please be advised that regardless of any advertisements, promotions, or marketing tools that may be shown on our Site, we do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties.


LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, GRANTEES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OR ACCOUNT HOLDER OF THE SITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY OR ANY OF ITS RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, GRANTEES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN CONNECTION WITH THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
You hereby acknowledge that the preceding paragraphs shall apply to all content, products, and services available through the Site and from the Company, to the extent that such limitation of liability is allowed pursuant to local, state, and federal laws.


DISPUTE RESOLUTION

The laws of the State of New Jersey shall govern these Terms and any disputes which may arise out of, relate to, or be connected with your use or access of the Site, your purchase of a subscription, or your relationship to the Company. You hereby consent to personal jurisdiction in the state and federal courts of New Jersey and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction.
Any disputes as described above shall first be submitted to alternative dispute resolution in New Jersey, where mediation or arbitration, whichever is most suitable given the nature of the dispute, shall be chosen by the parties. If the dispute cannot be resolved through any means of alternative dispute resolution, the parties shall reserve all rights to file their claims in a court of appropriate jurisdiction in the State of New Jersey. To the extent that a dispute concerns violation of intellectual property rights, the Company may immediately pursue injunctive or equitable relief. All legal proceedings and the results, decisions, recommendations, or judgments therefrom, shall be held in strict confidentiality as between the Company and all parties involved in such proceedings.


EACH PARTY SHALL ONLY BRING CLAIMS AGAINST THE OTHER IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY PURPORTED CLASS ACTION PROCEEDING.

You hereby agree to indemnify, hold harmless, and defend the Company and its respective members, officers, directors, employees, agents, successors, grantees, and affiliates from any and all claims, liabilities, damages, costs and expenses including attorneys' fees, that may arise out of, relate to, or be connected with your defense in the use or access of the Site, your purchase of a subscription, or your relationship to the Company, as well as your violation of these Terms, the Privacy Policy, or any laws or rights of a third party.


NO WAIVER

The failure of the Company to partially or fully exercise any rights and remedies as to a breach of these Terms shall neither constitute a waiver by the Company of the subsequent exercise of such rights and remedies nor serve as a limit or restriction on the exercise of such rights and remedies. These rights and remedies shall be cumulative, non-exclusive, and able to be exercised separately or concurrently.


SEVERABILITY

If any part of these Terms is deemed invalid or unenforceable by virtue of any law or any court, such part shall be null and void but not affect the validity or enforceability of any other part of these Terms, and further, such part shall be interpreted as to give the best meaning necessary to meet the objective or purpose of the invalid or unenforceable part under the applicable law.


Please contact us at hello@jinibeauty.com if you have any questions regarding these Terms.