These Terms apply to your use of the Site and the Services offered through it. Your use of the Site indicates your acceptance of the Terms, including the policies incorporated into them by reference. If you do not accept the Terms, you must not use the Site or the Services.

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THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE, THE USE OF OUR SERVICES, OR THESE TERMS TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW. THESE TERMS ALSO INCLUDE A JURY WAIVER.

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Shine Beauty Collective may make changes or improvements to the Site and these Terms at any time. By continuing to use the Site after any changes are made, you are accepting and agreeing to the changes.

In addition, certain sections or Services offered by the Site may have additional terms governing the access to or use of such sections or Services.

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For purposes hereof, references to the Site include the software and services of vendors (as defined below) that enable the operation of the Site and/or some of its features.

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PRIVACY AND SECURITY
Please review our general Privacy Policy and California Privacy Policy (together “Our Privacy Policy”), which our Terms incorporate. Our Privacy Policy applies to and governs your use of the Site. Our Privacy Policy also explains how we collect, use and protect your information. By using the Services, you consent to our collection and use of personal data as outlined therein.

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ACCESS AND USE OF THE SERVICES
2.1 Use Description: Shine grants you a limited, restricted, personal, non-transferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in the Terms. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Shine or its suppliers and providers. You undertake that the payment details you provide us with in making a purchase are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Shine and acknowledge that Shine may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.

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Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:

• use the Site or its contents for any non-authorized commercial purpose;

• access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;

• violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;

• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

• deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;

• re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;

• “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorization;

• deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;

• deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;

• deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;

• deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

• deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;

• impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;

• manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

• use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

• attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;

• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;

• engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.;

• use the Services in violation of any the Terms or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations;

• do anything else which could cause damage to the Site, Shine Beauty, and its employees and reputations, or would otherwise have a negative impact

 

2.2 Modifications to Service: Shine reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Shine will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

CONDITIONS OF USE
3.1 User Conduct: You agree to not use the Services to:

• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

• violate any applicable local, state, national or international law, or any regulations having the force of law;

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;

• harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

 

3.2 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

 

3.3 Commercial Use: Unless otherwise expressly authorized herein or by Shine Beauty Collective llc in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

 

INTELLECTUAL PROPERTY RIGHTS
4.1       All content of this Site including, without limitation, all trademarks, service marks, tag lines/slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to Shine Beauty Collective LLC or its suppliers, vendors, service providers or its licensors (collectively, such third parties, Shines “vendors”), and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on this Site, as well as any content original to Shine, is owned exclusively by Shine beauty Collective LLC and is protected by United States and international copyright laws. Shine reserves all rights.

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You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include Shine's intellectual property without the express prior written permission of Shine and, without limiting the foregoing, you may not use of Shine’s trademarks, service marks, tag lines/slogans, logos or names in any manner may cause confusion among consumers, nor in any manner without the express prior written consent of Shine. All trademarks that appear on this Site that are not owned by Shine are the property of their respective owners. You may not use any trademarks, copyrights or other intellectual property owned by Shine in any negative or malicious way or to advertise products or services we do not sell.

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You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Shine, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own content that you legally upload to the Services or Site. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Shine from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Shine, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Shine.

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VENDOR SOFTWARE AND SYSTEMS
In addition, certain elements of the Site are operated or use software from Shine’s vendors pursuant to contractual agreements with Shine. Such vendors are not affiliates and have no relationship other than through these commercial arrangements.

 

COPYRIGHT COMPLAINTS/NOTICES OF COPYRIGHT INFRINGEMENT
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Shine’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

(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 on the 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 us to locate the material:

(iv) Information reasonably sufficient to permit us 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; and

(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.

All DMCA notices should be sent to our designated agent as follows:

Shine Beauty Collective LLC

Email: shine@shinebeautycollective.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

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THIRD PARTY MATERIAL
Shine may provide content of third parties (“Third Party Content”) or links to third party sites as a service to those interested in this information. Under no circumstances will Shine be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Shine does not monitor, approve or have any control over any Third-Party Content or the third-party sites and the inclusion of links to Third Party Content or third party sites does not imply any association or relationship between Shine and such third party. You click through at your own risk, and Shine makes no representation or warranties about the content, completeness or accuracy of the sites hyper-linked to this Site, and all use of the hyper-linked site will be subject to the terms of use and privacy policies of that site. 

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COLORS, PRODUCT DESCRIPTIONS AND CONTENT
Shine displays colors of our products on our Site as accurately as we believe practical, but the actual color you see depends on the lighting and camera equipment used, the reproduction of the images, and the accuracy of the color reproduction on your screen. Shine attempts to be accurate in the descriptions of the products and other content on this site, however we cannot warrant that the product descriptions or content are error-free, complete or accurate.

All of the information on this Site is current only as of the date it is posted, whether or not such date is indicated.

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RESERVATION OF RIGHTS
Shine reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Shine may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Shine (and its employees), its users and the public.

 

MOBILE SERVICES
If you access this Site via your mobile phone, we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access this Site via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our

 

Privacy Policy.

SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contest, or other promotion made available through this Site may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms of use set forth herein. Shine urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review our Privacy Policy, which, in addition to these Terms, will govern any information you submit in connection with such activities.

 

DISCLAIMERS OF WARRANTIES
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. SHINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHINE DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. SHINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. SHINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

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UNLESS SHINE IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, SHINE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, SHINE SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.

 

GENERAL LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHINE, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE, STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for other wrongdoing (including any liability in tort), as to any products and/or Services available through the Site. Shine does not guarantee continuous access without interruption to the Site.

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Shine will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant service. To the extent permissible pursuant to the relevant applicable laws, and without prejudice to the limitations set out in the Terms, the liability of Shine, in the aggregate, will not exceed the lesser of (a) the cost of any Services from Shine for which you purchased in the last month; or (b) two hundred and fifty United States dollars (or its equivalent in local currency). In case of an overcharge or mischarge caused by Shine, you can make a claim regarding all erroneous charges notwithstanding what is set out above.

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In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Shine shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered.

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INDEMNIFICATION
You agree to defend, indemnify and hold harmless Shine Beauty Collective (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of or relating to (a) your use of the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding this Site; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site.

WAIVER
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Shine's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. 

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MISCELLANEOUS
If any part of these Terms is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms with respect to the items to which they apply. Shine may revise or modify this Site, these Terms, products, product information or pricing without notice.

This is an accessibility statement from Shine Beauty Collective LLC.

 

Conformance status

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. Shine Beauty is fully conformant with WCAG 2.1 level AA. Fully conformant means that the content fully conforms to the accessibility standard without any exceptions.

Feedback

 

We welcome your feedback on the accessibility of Shine Beauty. Please let us know if you encounter accessibility barriers on Shine Beauty:

• E-mail: info@shinebeautycollective.com