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Terms & Conditions

 

Last updated December 24, 2021

Eyelash Extension Scottsdale, Microblading Arizona, Lip Blush Arizona, Brow Lamination Scottsdale, SkinPen Microneedling

 

MaiLash & Brows is licensed to You (End-User) by MaiLash & Brows, located and registered at 4234 N Craftsman Court, Scottsdale, Arizona 85251, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.

 

By downloading the Application from the AppStore, and any update thereto (as permitted by this License Agreement). You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

 

The parties of this License Agreement acknowledge that the App Store is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. MaiLash & Brows is solely responsible for the licensed Application and the content thereof. 

 

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Services. MaiLash & Brows acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

 

1. THE APPLICATION

 

MaiLash & Brows (hereinafter: Application) is a piece of software created to Payroll – and customized for mobile devices. It is used to Employees and Independent Contractors Payroll.

 

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interaction would be subject to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

2. SCOPE OF LICENSE

 

  1. You may not share or make the Application available to third parties (unless to the degree allow by the Terms and Conditions, and with MaiLash & Brows’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application. 

  2. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with MaiLash & Brows’s prior written consent).

  3. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

  4. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

  5. Licensor reserves the right to modify the terms and conditions of licensing.

  6. Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure You comply with applicable third-party terms and conditions.

 

 3. TECHNICAL REQUIREMENTS 

  1. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

  2. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

 

4. MAINTENANCE AND SUPPORT

  1. The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the Overview for this licensed Application.

 

5. USER GENERATED CONTRIBUTIONS

The application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.

  4. Your contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 

  7. Your Contributions do not violate any applicable law, regulations, or rule. 

  8. Your Contributions do not violate the privacy or publicity rights of any third party.

 

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

 

6. LIABILITY

Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extend allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Applications. 

 

7. WARRANTY

  1. Licensor warrants that the Application is free of spyware, trojan horsers, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described.

  2. No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with  inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of MaiLash & Brows sphere of influence that affect the executability of the Application. 

 

8. LEGAL COMPLIANCE

 

You represent and warrant that You are not located in a country located in a coountryt that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist support” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

 

9. CONTACT INFORMATION

 

For general inquiries, questions concerning the Application, please contact:

MaiLash & Brows

 

10. TERMINATION

 

The license is valid until terminated by MaiLash & Brows or by You. Your rights under this license will terminate automatically and without notice from MaiLash & Brows if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application. 

 

11. INTELLECTUAL PROPERTY RIGHTS

 

MaiLash & Brows and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, MaiLash & Brows, will be solely responsible for the investigation, defense such intellectual property infringement claims. 

 

12. MISCELLANEOUS

 

  1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. 

  2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.