These Terms of Use (the “Terms”), constitute a legally binding agreement between you and Artistry of Face and its affiliated entities (referred to as the “Company”, “we”, “our” or “us”) governing your use of our services through the Platform (as defined below), the Company’s website (artistryofface.com/ or the “Site”), or other mobile applications (collectively, the “Services”). The platform services provided by Company, the Site and mobile applications together are hereinafter collectively referred to as the “Platform”.
Your use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms, our Privacy Policy (the “Privacy Policy”) available at [www.artistryofface.com/privacy], and any policies, or rules now in force or enacted in the future, and any amendments and additions to these Terms as we may publish from time to time, as well as your compliance with all applicable laws.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. We may update or change these Terms, from time to time, and recommend that you review these Terms on a regular basis.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
Age. You must be 18 years of age or older to use the Platform or Services. By using the Platform and requesting a Services you represent and warrant that you are at least 18 years of age.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own user content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
Mobile Message Service Terms
The Company mobile message service (the “Mobile Message Service”) is operated by the Company. Your use of the Mobile Message Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Message Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
Billing
You understand that use of the Platform and Services may result in charges to you for any treatments or other goods or services you receive, and in certain cases for cancelations of Scheduled Treatments (“Charges”). Your payment of Charges will be handled by a third-party payment processor (“Payment Processor”), and may include taxes and other applicable fees, tolls, and surcharges. Charges paid by you are final and non-refundable, unless the Company determines, in its discretion, to refund any such Charges.
The Company DOES NOT ACCEPT OR PARTICIPATE IN ANY COMMERCIAL OR GOVERNMENT INSURANCE PROGRAMS. The Company ONLY ACCEPTS CASH OR CREDIT CARDS FOR PAYMENT OF SERVICES.
The Company reserves the right, in its sole discretion, to establish, revise, discount, or remove Charges for any activity undertaken through the Platform, including the provision of Treatments, in any geographical area, timeframe, or combination of circumstances (including promotions, discounts, and present demand) without regard to any Charges related to other geographical areas, timeframes, or combinations of circumstances. You understand and acknowledge that, among other situations in which Charges may be imposed, you will be responsible for Charges if you receive a treatment. Charges for any requested treatment(s) will be billed and collected upon completion of your treatment. The Company will use reasonable efforts to inform you of Charges that may apply to a treatment, provided that you will be responsible for Charges incurred under your user account regardless of your awareness of such Charges or the amounts thereof.
Cancellation Policy
A customer may cancel a scheduled treatment prior to 48 hours before your scheduled treatment without penalty. You understand and agree that if you (i) cancel a scheduled treatment less than 48 hours before your scheduled treatment; or (ii) do not show for your scheduled treatment on time, you will be charged a cancellation fee as set forth in Company’s cancellation policies that are posted from time-to-time and/or as indicated to you at the time of booking the scheduled treatment.
Return Policy
A customer may not return any product(s) or service(s).
Disclaimers
The Site is provided on an “as-is” and “as available” basis, and Company expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Term and Termination
Subject to this section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Site will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
General
Entire Agreement
These Terms constitutes the entire agreement between the you and the Company, governs your use of the Platform and Services, and completely replaces any prior agreements between you and the Company in relation to the Platform or Services.
Waiver
No waiver (whether by act, omission, or otherwise) by any party of any provision of Terms shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Survival
Any provisions of these Terms that by their nature should survive the expiration or termination of these Terms shall so survive, regardless of the cause of expiration or termination.
Severability
If any provision of these Terms is invalid, void, illegal, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability, and, to the extent permitted and possible, each provision so excluded shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. All other provisions of these Terms shall remain in full force and effect.
Applicable Law
These Terms and all matters arising out of in connection with these Terms shall be governed by and interpreted according to the laws of the State of New York, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application.
Electronic Communications
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Your Privacy
Please read our Privacy Policy.
Our Commitment to Accessibility
At The Artistry of Face, we are dedicated to making our website’s content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call us as at 518.603.4544 with a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we continue to evaluate ways to accommodate all our customers and our overall accessibility policies. While we do not control such vendors, we encourage vendors of third-party digital content to provide content that is accessible and user-friendly.
Contact Us
If you have questions about the privacy or accessibility aspects of our Services, please contact us by email at info@artistryofface.com. You may also contact us at the following address:
475 Albany Shaker Road
Albany, NY
12211