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Thank you for joining Maria Tash!
Effective Date: 5.30.2018
Last Updated: 1.1.2020
For purposes of this policy:
"Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with us, whether by ownership or otherwise. "Customer" means any natural or legal person using the website of VMT.
"Personal Data" means any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity and includes information that relates to an identified or identifiable Customer or Supplier’s representative, or can be linked to that Customer or Supplier’s representative.
"Non-Personal Data" means data that cannot, on its own, be used to identify a natural person. That said, Non-Personal Data may be aggregated, in some circumstances, in a manner that could identify a natural person. In that circumstance, the aggregated Non-Personal Data would become Personal Data.
"Sensitive Personal Data" means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership or concerning health or sex, and the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
"Supplier" means any supplier, vendor or other third party that provides services or products to VMT.
We collect your information in the following ways:
Customer Data When Customers visit the website or contact us outside of the website, they may choose to interact with VMT in ways that may require us to gather certain data, including Customer name, e-mail address, telephone number, or credit card number to process a particular transaction. For example, we may require a Customer to register to receive certain benefits, products or services, and to provide certain registration data including the Customer’s name, country, zip code or postal code (as appropriate), and email address. If the Customer does not provide this data, the Customer may not have access to certain services.
In addition to the information Customers provide us, we also collect certain technical information when Customers access, browse and use the website, including information that we automatically receive and record from the Customer’s browser or mobile platform. This technical information helps us understand the characteristics of people who visit our website and to improve and market our website in general. This type of data includes standard information about visits and system capabilities, including:
Information about the device(s) Customers use to access the website, including MAC address, IP address, referrers, browser type and version, location, time zone, setting, browser plug-in types and versions, operating systems and platform, device type, device and application identifiers, operating information, mobile carrier, and cookies;
If the Customer becomes a registered user and makes postings on the website, we may collect information about those postings, including information concerning the areas of our website on which the Customer posts, the content of those posts, posts that respond, and the individuals or entities with whom the Customer communicates;
Information about Customer visits to the VMT’s website, including the full URL clickstream to, though, and from the VMT website, including dates and times; Information we need and use to facilitate Customer usage of the VMT website, including URL requests, destination IP addresses, or device configuration details;
Pages a Customer views, searches run by the Customer, length of time browsing search results, specific search results the Customer selects to view, length of visits to other pages, page interaction information (such as scrolling, clicks, and mouse-overs), Customer engagement with certain dynamic elements of a page and methods used to browse away from the page; and
Page response times and download errors. Some information we collect is generated from cookies and beacons. For more details about cookies, beacons, and your choices, see Cookies and Beacons below.
Supplier Data VMT may obtain data associated with its Suppliers’ representatives. This information may include contact information and financial account information of the Suppliers’ representatives.
Social Media Integration VMT’s website may, from time to time, contain links to and from social media platforms. You may choose to connect to us through a social media platform, such as Facebook or Twitter, and when you do, we may collect additional information from you, such as your screen names, profile picture, contact information, contact list, and the profile pictures of your contacts, through the social media platform. Please be advised that such social media platforms may also collect information ... from you, and about you ... When you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button, or the Google+, that particular social network’s plug-in will be activated and your browser will directly connect to that provider’s servers. We do not have control over the collection, use and sharing practices of social media platforms and encourage you to review their usage and disclosure policies and practices, including the data security practices, before using the social media platforms. To see all of the categories of personal data we collect, click here.
VMT uses the information it collects in the following ways:
Customer Data VMT uses Customer Data (including Personal, Non-Personal, and Sensitive Data) to:
Help establish and verify the identity of Customers;
Open, maintain, administer and service Customer accounts or memberships;
Process postings and send related communications;
Deliver content tailored to Customer interests and the manner in which Customers use the website;
Present content in a manner that is optimized for the Customer’s device;
Measure and analyze the effectiveness of the services we provide;
Provide all level of support to Customers;
Improve our website, including tailoring it to Customer preferences;
Respond to Customer questions, inquiries, comments and instructions;
Maintain the security and integrity of our systems;
Conduct online sales of product via a credit card or other means of payment;
Submit newsletters and other marketing material to Customers;
Conduct targeted marketing based on Customers' previously expressed preferences;
Communicate with credit institutions to resolve payment issues with Customers' credit cards or otherwise; and
Comply with applicable legal requirements, including government reporting and specific local law requirements.
We may also combine technical information about Customer use of our website with information we obtain from other Customers to use in the aggregate or in an anonymous manner for similar purposes.
Supplier Data VMT uses Supplier data (Personal, Non-Personal, Sensitive) to manage its relationships with its Suppliers, process payments, expenses and reimbursements, and carry out VMT’s obligations under its contracts with the Suppliers.
We feel strongly that your Personal and Sensitive Personal Data should only be seen by you, unless you choose to share it with others. We will never sell, rent, license or exchange your Personal or Sensitive Personal Data with a third party without your permission, except as otherwise provided. No Personal or Sensitive Personal Data will be shared with advertisers or partners without your permission. Some of your information may be shared on an aggregate basis only, as a part of a larger set of statistics (for example, statistics that indicate the percentage of our members that are female), but that information will not be sufficient to permit the recipient to identify you.
Notwithstanding the forgoing, we will only disclose Personal or Sensitive Personal Data without your permission in the following limited circumstances: (i) if we are required to do so by law, or (ii) if we have the good faith belief that such action is necessary to conform to applicable laws or comply with legal process served on us, or to protect and defend our rights or property or the rights or property of a Customer.
Sharing with Affiliates We may disclose your Personal and Sensitive Personal Data with our Affiliates. The following is a list of those affiliates.
PayPal As a Payment Gateway Partner Authorize.net As a Payment Gateway Partner Teamwork Data Integration Partner Amazon Pay As a Payment Gateway Partner Apple Pay As a Payment Gateway Partner
Sharing with Third Parties We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our website. For instance, we may provide information to third parties regarding the number of unique users who visit our website, the demographic breakdown of the registered users of our website, or the activities that visitors to our website engage in while on our website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties. Listing of those third party recipients is as follows:
Remarkety and Klaviyo Use for Mail Communication ShipStation Use for shipment of Items CRM Use for Customer Relationship Management Zendesk chat Online customer support FedEx Used as Shipment Gateway UPS Used as Shipment Gateway
Sharing for Legal Purposes We may also disclose your information to law enforcement agencies, government officials, or other third parties as necessary for the purpose of:
Complying with any court order, law or legal process, including to respond to any government or regulatory request;
Preventing fraud and providing credit risk reduction;
Investigating potential unauthorized access or misuse of our website;
Protecting the assets or property, and enforcing the rights of our website, including for billing and collection purposes; and
Protecting the rights, property, or safety of our users or others.
In the event that we receive a request from a governmental entity to provide it with your information, we will make reasonable attempts to notify you of such request, to the extent reasonably and legally permissible.
To see all of the categories of personal data we collect, click here.
A comprehensive list of the types of cookies and beacons on our website is as follows:
Session_id Frontend: To check customer is logged in Customer_id Frontend: To check customer is logged in or not Cart Frontend: Association with Customer shopping cart Is_Logged_in Frontend: To check customer is logged in or not
Browser Cookies. A browser cookie is a small file placed on the hard drive of your computer. That cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer. We associate cookies with Personal or Sensitive Personal Data only if you authorize us to do so. We do not otherwise collect Personal or Sensitive Personal Data from browser cookies and we do not associate browser cookies with your Personal or Sensitive Personal Data. You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set.
Flash Cookies. Certain features of our website may use locally stored objects called flash cookies to collect and store information about your preferences and navigation to, from and on our website. We also include cookies to provide aggregate reporting. The cookies do not identify you as an individual or track your online behavior. We do not collect Personal or Sensitive Personal Data from flash cookies and we will not associate them with your Personal or Sensitive Personal Data.
Beacons. Our website and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count users who have visited those pages or opened an e-mail and for other website-related statistics. Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages. You may use the tools in your device to disable these technologies as well.
You have choices relating to how we collect and use your information.
E-mail Communications.You may have the opportunity to receive certain communications from us related to our services. If you provide us with your e-mail address in order to receive communications, you can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting your e-mail preferences. Please note that certain e-mails may be necessary for the operation of our website. You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.
Cookies / Beacons. If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your browsers to notify you when you receive a cookie, which lets you choose whether or not to accept it. You can also set your browser to automatically reject any cookies. You may also be able to install plug-ins and add-ins that serve similar functions. However, please be aware that some features and services on our website may not work properly if we are not able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Do Not Track. Some devices and browsers support a “Do Not Track” (or, DNT) feature, a privacy preference that you can set in certain web browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit.Please note that we cannot control how third party websites or online services you visit through our website respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.
The security of your information is important to us, and we have established administrative, technical, and physical safeguards designed to protect your Personal and Sensitive Personal Data against unauthorized alteration, access, loss, theft, use or disclosure. Unfortunately, no system can guarantee complete security of your information. As a result, VMT cannot ensure or warrant that your information, including your Personal or Sensitive Personal Data, is secure from unauthorized third parties. Thus, your use of the VMT website and communication with us about them is at your own risk. WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
VMT takes reasonable precautions, using up to date systems and procedures to protect Personal and Sensitive Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. The relevant systems and procedures, which provide for system security and protect Personal Data from breaches, are described in the Technology Resources, Use, and Security Policy, available to all VMT, and the IT Operations Manual which is applied by competent VMT personnel who manage and support the VMT information technology systems and processes.
If you have reason to believe that your interaction with VMT is no longer secure (for example, if you feel that the security of your username or password has been compromised), you must immediately notify us of the problem by contacting us at email@example.com.
VMT takes reasonable steps to ensure that the Personal Data the company processes is (i) relevant for the purposes for which the Personal Data is to be used, (ii) reliable for its intended use, and (iii) accurate, complete and current. In this regard, VMT depends on Suppliers’ representatives to update and correct their Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the individuals.
VMT keeps your Personal and Sensitive Personal Data for no longer than is reasonably necessary or required by law. How long we keep that data depends on the type of information and purpose.
The criteria we use to determine the retention period for certain categories of data is as follows:
The length of time that you are a member of VMT;
How frequently you do business with VMT;
Whether there are contractual or legal obligations that exist that require us to retain the data for a particular period of time;
Whether there is any ongoing legal claim that relates to any service you may have received from VMT, or that is otherwise related to your relationship with us;
Whether any applicable law, statute, or regulation allows for a specific retention period;
Whether the personal information is considered to be a special category of personal information, in which case a shorter retention period generally would be applied; and What the expectation for retention was at the time the data was provided to us.
You may have, in accordance with applicable data protection laws, the following rights when it comes to our handling of your personal information:
Right of access. You may have the right to request a copy of the personal information we have about you and to request supporting information explaining how the personal information is used.
Right of rectification. You may have the right to request that we rectify inaccurate personal information about you.
Right of deletion/erasure. You may have the right to request that we erase personal information about you.
Right to restrict processing. In some situations, you may have the right to request that we do not use the personal information you have provided (e.g., if you believe it to be inaccurate).
Right to data portability. You may have the right to receive certain of your personal information in a structured, commonly used and machine-readable format and to transmit such information to another controller.
Right to withdraw consent. Where we process your personal information based on consent (including direct marketing consents, you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal we may continue to use your personal information as permitted or required by law.
Right to object. Where we are processing your personal information based on a legitimate interest (or those of a third party) you may challenge this. However, we may be entitled to continue processing your information based on our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.
Right against Profiling. You may have the right not to be subject to a decision based solely on automated processing, including profiling, which produces effects concerning you.
Right against discrimination. You have the right to not receive discriminatory treatment for exercising any of your privacy rights.
Please contact firstname.lastname@example.org if you would like to exercise any of these rights or in case you should have any concerns about how we process your personal information. You are also free to lodge a complaint with the relevant and applicable supervisory authority, should you feel that we have processed your personal information in way that is against applicable law.
This website is directed toward and designed for use by persons aged 18 or the age of majority in the jurisdiction in which you reside. We will not approve applications of, or establish or maintain accounts or memberships for, any child that we knows to be under the age of 18. We do not solicit or knowingly collect information from children under the age of 18. If we nevertheless discover that we have received information from an individual who indicates that he or she is, or that we otherwise have reason to believe is, under the age of 18, we will promptly delete such information from our systems. Additionally, a child's parent or legal guardian may request that the child's information be corrected or promptly deleted from our files by contacting our Privacy Coordinator at the telephone number or address set out below.
We do not share personal information with third parties for their own direct marketing purposes without your consent. California residents under 18 years old, in certain circumstances, may request and obtain removal of personal information or content about you and posted on our Services. Please be mindful that this would not ensure complete removal of the content posted on our Services by you. To make any request pursuant to California privacy law, please contact us.
VMT has established procedures for periodically verifying implementation of and compliance with the relevant data protection laws. VMT conducts an annual self-assessment of its data practices to verify that the attestations and assertions it makes concerning privacy practices are true and that the company’s privacy practices have been implemented as represented.
Suppliers’ representatives may file a complaint concerning VMT’s processing of their Personal Data with the competent corporate officers and company's representatives, whose contact information is below. VMT will take steps to remedy any issues arising out of a failure to comply with applicable law. If Supplier complaint cannot be resolved through VMT’s internal processes, VMT will cooperate with the relevant EEA or Swiss data protection authority, as appropriate.
VMT undertakes to comply with national legislation of EEA Member States in transposition of the EU Data Protection Directive and conduct any registration or notification to the competent EEA or Swiss data protection authorities, including but not limited to the filing of Standard Contractual Clauses, when required, to secure the lawful character of personal data transfers from the EEA to the United States.
VMT intends to have the EU DPAs and Swiss FDPIC serve as the Independent Recourse Mechanism for all categories of personal data covered by the self-certification or merely for ‘organization human resources data'.
To report a personal data breach or to ask questions or express concerns about personal data collection, management and processing, please contact the following:
Contact: Privacy Coordinator - email@example.com
Venus By Maria Tash, Inc.653 Broadway, New York NY 10012
Category: Identifiers Examples: Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. When it is collected: Collected online or offline when you directly provide it to us, through your use of our website or services, purchasing our products, or from third parties. Purpose of the collection: We collect this information for the purposes listed in the How We Use The Information We Collect section above. Who it is shared with: Shared with our affiliates, partners, vendors, and service providers.
Category: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Examples: Name, signature, address, telephone number, credit card number, debit card number, or any other financial information. (Some personal information included in this category may overlap with other categories.) When it is collected: Collected online or offline when you directly provide it to us, through your use of our website or services, purchasing our products, or from third parties. Purpose of the collection: We collect this information for the purposes listed in the How We Use The Information We Collect section above. Who it is shared with: Shared with our affiliates, partners, vendors, and service providers.
Category: Protected classification characteristics under California or federal law Examples: Age (40 years or older), physical or mental disability, sex (including gender, gender identity, gender expression), sexual orientation, veteran or military status. When it is collected: Collected online or offline when you directly provide it to us, through your use of our website or services, purchasing our products, or from third parties. Purpose of the collection: We collect this information for the purposes listed in the How We Use The Information We Collect section above. Who it is shared with: Shared with our affiliates, partners, vendors, and service providers.
Category: Commercial information Examples: Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. When it is collected: Collected online or offline when you directly provide it to us, through your use of our website or services, purchasing our products, or from third parties. Purpose of the collection: We collect this information for the purposes listed in the How We Use The Information We Collect section above. Who it is shared with: Shared with our affiliates, partners, vendors, and service providers.
Category: Biometric information Examples: Genetic, physiological, behavioral, and biological characteristics When it is collected: Not collected Purpose of the collection: N/A Who it is shared with: N/A
Category: Internet or other similar network activity Examples: Information on a customer's interaction with a website, application, or advertisement. When it is collected: Collected online or offline when you directly provide it to us, through your use of our website or services, purchasing our products, or from third parties. Purpose of the collection: We collect this information for the purposes listed in the How We Use The Information We Collect section above. Who it is shared with: Shared with our affiliates, partners, vendors, and service providers.
Category: Geolocation data Examples: Physical location or movements. When it is collected: Not collected Purpose of the collection: N/A Who it is shared with: N/A
Category: Sensory data Examples: Audio, electronic, visual, thermal, olfactory, or similar information. When it is collected: Not collected Purpose of the collection: N/A Who it is shared with: N/A
Category: Professional or employment-related information Examples: Current or past job history When it is collected: Not collected Purpose of the collection: N/A Who it is shared with: N/A
Category: Non-public education information Examples: Education records directly related to a student maintained by an educational institution. When it is collected: Not collected Purpose of the collection: N/A Who it is shared with: N/A
Category: Inferences drawn from other personal information Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. When it is collected: Not collected Purpose of the collection: N/A Who it is shared with: N/A
Cookies are small text files generated by websites that you visit holding session data that may be of use later in the site. The data allows the site to maintain your information between pages, and also to analyze the way you interact with the site.
Cookies are secure – they can only store information that is put there by the browser, which is information the user has entered into the browser or that is included in the page request. They cannot run code and they cannot be used to access your computer. If a website encrypts the information in the cookie, only that website can read the information.
Cookies are used by websites to keep your session as you progress through the site, keeping track of your interactions and whether you've logged into your account. They are used to display relevant products and services.
All web browsers allow you to limit cookie behavior or turn off cookies within the settings or options of the browser. The steps to do this are different for each browser, you can find instructions under the Help menu of your browser.
Through your browser, you can also view the cookies that are on your computer, and delete individual ones, or delete them all.
Cookies are just text files so you can open them and read the contents. The data within them is often encrypted, or a numerical key corresponding to a web session so they often don't make sense to anything other than the website that wrote it.
Disabling cookies will affect the monitoring of your activity and purchases through the site, but will not stop the analytics code from recognizing your visit.
The session cookies that we write include data used by the web server hardware about which server is processing your session, your authentication status (against the Maria Tash customer database), and the details of your activity, including any purchases.
The persistent cookies that are created by the Maria Tash website are used by our technology partners. They are used to analyze traffic on the site to recognize returning users rather than new customers. The information that is stored is used to serve you appropriate ads on other sites on our behalf. Deleting these cookies won't affect your experience or the functionality of the Maria Tash website.
Copyright © 2006 - 2021 Venus by Maria Tash, Inc. (“VMT”). All rights reserved. All jewelry designs, images, photos and other content on this website are the sole and exclusive intellectual property of VMT and “Maria Tash”®, “Curated Ear”®, “Luxury Piercing” and other terms indicated with a trademark notice, are all trademarks of VMT (collectively, the “VMT IP”). None of the VMT IP may be copied or used for any purpose without the express written consent of VMT.
Welcome to the Maria Tash Website!
BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU CONSENT TO RESOLVE CERTAIN DISPUTES VIA ARBITRATION. SEE SECTION 9 BELOW.
YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
“MT,” “we,”or “us” refer to Venus by Maria Tash, Inc. and our officers, directors, employees, contractors and agents.
"Content" refers to any and all videos, text, photos, information and other content related thereto provided or made available on or through the Website including, without limitation any images of products sold on or through the Website.
“Products” refers to all jewelry, accessories and other products sold by Venus.
“Services” refers to the jewelry consulting and piercing services provided by MT, and any and all related services and promotions.
“Users” means any and all persons that access or use the Website.
“Website” refers to any website owned or operated by MT (including the website currently located at www.mariatash.com), through which access to the Content, Products and Services are available. References to the “Website” include any and all Content, features, functionality, and tools available on or through each such website.
1.3 Amendment of Terms.MT reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Website.
No other modification, amendment, supplement of or to the Terms will be binding on MT unless it is in writing and signed by an authorized representative of MT.
2.1 License to Use. Subject to your compliance with the Terms, MT grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by MT, in the manner permitted by the Terms.
2.2 Modifications and Updates to the Website. MT reserves the right, in its sole discretion, to modify or discontinue offering the Website, in whole or in part, or any features, functionality, tools or Content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Content at our sole discretion at any time without prior notice to you.
You agree that MT has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or Content, and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance or deletions.
2.3 International Users.The Website is controlled and operated within the United States. You are hereby prohibited from accessing or using the Website from any territory where the Website or any of the features, functionality, tools, Content thereof, is illegal. If you choose to access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
3.1 Account Registration.While certain Content is publicly available, you must register for a User account before you are able to purchase the Products. You may register to create an account directly via the Website, or through certain third-party social networking websites, as further described in this section.
You may not register for an account on behalf of any person (other than yourself).
No person or entity may have more than one active account at any given time.
3.2 Account Set-Up. Your account and account profile page will be created based upon the information you provide to us or that we obtain via a third-party website such as Facebook or Amazon (an “external site”), as described below.
You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.
When you create your account, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your MT account or any other account that you may connect to your MT account. You agree not to disclose your username or password to any third party, and you agree to immediately notify MT of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. MT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
n addition to registering directly through our Website, you may also be able to register for an account through certain external sites by linking your MT account with the external site account (or, “external account”). You can do this by either (i) providing your external account login information to MT or (ii) allowing MT to access your external account, as permitted under the applicable terms and conditions that govern your use of the external account. You represent that you are entitled to disclose your external account login information to MT and/or grant MT access to your external account for the purposes described herein, without breach by you of the terms and conditions that govern your use of the applicable external site and without obligating MT to pay any fees or making MT subject to any usage limitations imposed by such external site providers.
MT makes no effort to review any of your information or content accessed from such external sites for any purpose, including for accuracy, legality or non-infringement and MT is not responsible for any such information or content.
Please note that if an external site or associated service becomes unavailable or MT’s access to such external account is terminated by the third party provider, the information and content accessed from your external account may no longer be available on or through your account with us.
You have the ability to disable the connection between your account with us and your external accounts, at any time, by deleting your Website account. To delete your Website account visit mariatash.com/customer/account/edit and click Delete Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE EXTERNAL SITE PROVIDER ASSOCIATED WITH YOUR EXTERNAL ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PROVIDER.
3.3 Account Suspension/Termination. You may cancel your account at any time by visiting mariatash.com/customer/account/edit and click Delete Account.
We may, in our discretion, and to the maximum extent permitted under applicable law, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason.
If your account is deactivated or cancelled, MT will have the right, but not the obligation to delete your information.
If MT has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the breach is cured or otherwise resolved to MT’s reasonable satisfaction, or the account is otherwise terminated.
We may contact you via email in connection with a problem with your credit card or payment account.
4.2 Refunds. All fees and charges are nonrefundable unless stated otherwise in MT’ Policies or as MT agrees or states otherwise in writing.
Any time you access or use the Website, you are required to comply with our User conduct guidelines, as set forth below.
You agree that you will access and use the Website for your personal use only.
You are not authorized to access or use the Website to:
to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
if you are not able to form legally binding contracts (for example, if you are a child or under 18);
if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction;
for any other purposes that are not expressly permitted by the Terms or which violates applicable law;
access, copy, distribute, share, publish, use or store, or prepare derivative works from any Content that belongs to MT, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
share your password or transfer your account to another party without our consent;
circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Website if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Website;
access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by MT, unless you have been specifically authorized to do so in a separate agreement with MT;
use, display, mirror or frame the Website, or any feature, functionality, tool or Content of the Website, MT’s name, any MT trademark, logo or other proprietary information, without MT’s express written consent;
interfere with, disrupt, damage or compromise the Website or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;
access, tamper with or use non-public areas of any of the Website, MT’s computer systems, or the technical delivery systems of MT’s providers;
probe, scan, or test the vulnerability of any system or network of MT or its providers, or breach or circumvent any security or authentication measures of such system or network;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MT or any of MT’s providers or any other third party to protect the Website;
forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;
export or re-export the Website, except in compliance with the export control laws and regulations of any relevant jurisdictions;
otherwise abuse the Website or breach the Terms; or
attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
MT reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law. Without limiting the foregoing, you acknowledge that MT has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website by any User for any reason in MT’s sole discretion. You agree to cooperate with and assist MT or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
6.1 The Website. The Website, including all features, functionality, tools and Content thereof, and the Products are protected by copyright, trademark, patent and other laws of the United States and throughout the world. You acknowledge and agree that the Website, Content and Products, and all intellectual property rights therein are the exclusive property of MT and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Content.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with MT (the “MT Marks”) are the property of MT, and that you are not permitted to use the MT Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or Content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of MT or the intellectual property owner, as applicable, which may be withheld, conditioned, or delayed in its or their sole discretion.
This foregoing license is subject to modification or revocation at any time at MT’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MT or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
6.2 Feedback. We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by e-mailing us, at firstname.lastname@example.org. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of MT. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by MT or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to MT all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect MT’s rights in such improvements, enhancements and modifications.
The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that MT is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by MT of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
8.1 Warranties by Users. You represent and warrant to MT that:
(i) you have the power and authority to accept and agree to the Terms;
(ii) you will not violate any international, national, federal, state or local laws, rules or regulations or infringe the rights of MT or any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your access to or use of the Website or Content; and
(iii) all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
8.2 Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, MT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
8.3 Limitation of Liability.YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
MT DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE AND YOU AND HEREBY RELEASE MT AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
IN NO EVENT WILL MT BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, MT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).
8.4 Exclusions. NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.5 Indemnification. To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold MT its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, Content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of international, national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct. No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
8.6 Obligation to Defend. You agree that, at MT’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) MT may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of MT (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MT HAVE AGAINST EACH OTHER ARE RESOLVED.
9.1 Disputes. The terms of this Section shall apply to all Disputes between you and MT. “Dispute” shall mean any dispute, claim, or action between you and MT, other than for statutory or common law claims related to intellectual property or those that qualify for small claims court, arising under or relating to any Products, Services, the Website, these Terms, or any other transaction involving you and MT, whether in contract, warranty misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. You and MT agree that “Dispute” as defined in these Terms shall not include (i) any claim or cause of action by you or MT for statutory or common law claims related to intellectual property, including but not limited to (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) trademark infringement or dilution, or (ii) matters that qualify for small claims court. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, shall decide if a claim falls within one of those two exceptions.
9.2 Binding Arbitration. You and MT agree to arbitrate all Disputes pursuant to binding individual arbitration. You and MT further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section, and that this Section shall survive termination of these Terms and your relationship with MT.
9.3 Arbitration Proceeding. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), which are available at www.adr.org or by calling 1-800-778-7879, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Unless you and we agree otherwise, the arbitration shall take place in New York, New York before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the existence, interpretation, applicability, enforceability or formation of these Terms and its arbitration provision, including, but not limited to, the arbitrator’s own jurisdiction, and any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad grant of authority to the arbitrator, a court shall determine the limited question of whether a claim or cause of action is for intellectual property or is a small claim, which are excluded from the definition of “Disputes” above. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
9.4 Jurisdiction and Venue for Other Controversies. Any controversy excluded from the arbitration procedure and class action waiver provisions of this Section shall be filed only in in the federal or state courts located in State of New York and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions. You consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
9.5 Prohibition of Class and Representative Actions and Non-Individualized Relief. BOTH OF US AGREE THAT YOU AND MT MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND MT OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
9.6 Future Amendments to this Section. Any amendment to this Dispute Resolution, Binding Individual Arbitration, and Waiver of Class Actions and Class Arbitrations section (other than an amendment to any notice address or site link provided herein) in the future will not apply to any claim that was filed in a legal proceeding against either party prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and MT. We will notify you of amendments to this section by posting the amended Terms on www.mariatash.com. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MT in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
10.1 Governing Law. The Terms and any Dispute between you and MT shall be exclusively governed by the laws of the State of New York without regard to conflict of law principles.
10.4 Assignment. You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void. MT may assign, transfer, delegate, subcontract and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
10.5 No Agency. Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
10.7 Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by MT (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
10.9 Remedies. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
10.10 Severability. Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions in Section 9.5; if the prohibition against class or representative actions is found to be unenforceable, the entire Section 9 shall be null and void.
10.11 Headings. The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
10.12 Third-Party Beneficiaries. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
10.13 Construction. In the Terms, unless the context requires otherwise: (i) ”herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears; (ii) ”or” connotes any combination of all or any of the items listed; and (iii) ”including” (and any of its derivative forms) means “including but not limited to.”
10.14 Contact Us. If you have any questions or concerns, please contact MT at email@example.com. You can also write to us at:
Venus by Maria Tash, Inc.
ATTN: Customer Service
8 Crosby Street, Floor 5
New York, NY 10013
10.15 California Residents. Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
Copyright ©2021 Venus by Maria Tash, Inc. All rights reserved.