Please read these Terms of Service (the “Agreement”) carefully. By using the Services (as defined below)], you agree to this Agreement. We recommend that you print a copy of this Agreement for future reference. We retain the right to make changes, as outlined below.
This Agreement is between you and Vogue International LLC (“Company” or “we” or “us” or “our”) concerning your use of the Maui Moisture site located at https://www.mauimoisture.com/ (the “Site”) or the mobile software application in connection with which you are accessing this Agreement (the “App” or “application”) (collectively, the “Services”).
THIS WEBSITE OR APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 16. IF YOU ARE UNDER 16 YEARS OLD, YOU MAY NOT USE THIS WEBSITE OR APPLICATION OR PROVIDE THE COMPANY WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 16 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS.
If you are using the Services on behalf of, or for the benefit of, any organization with which you are associated, then you agree to this Agreement on behalf of yourself and such organization, and you confirm that you have the legal authority to bind such organization to this Agreement.
References to “you” and “your” in this Agreement will refer to both you and any such organization.
1. Our Right to Make Changes. We may change this Agreement from time to time for valid reasons (such to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your use of the Services will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services for valid reasons (e.g., to reflect changes in the relevant laws, to protect the security of the site or mobile software application, or to implement reasonable technical adjustments and improvements); charge, modify, or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on the use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us to use the Services.
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3. Jurisdictional Issues. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose, in our sole discretion, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect the security of the site or mobile software application or to implement reasonable technical adjustments).
4. Acceptable Use and Rules of Conduct. You must not:
Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Use the Services for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
Use the Services for any purpose that is fraudulent or otherwise unlawful.
Collect information about users of the Services in any way, including through reverse engineering.
Interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.
Restrict or inhibit any other person from using the Services.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized under this Agreement, without our express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Services.
Incorporate any portion of the Services into any product or service, without our express prior written consent.
Systematically download and store Services content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Services, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to use the Services.