TERMS & CONDITIONS

TERMS & CONDITIONS
HIME SAMA TERMS OF USE
Last Updated: 1/28/2021

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THE THIS WEBSITE www.himesama.com (“SITE”) CAREFULLY. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE AND ALL SERVICES OFFERED THROUGH THE SITE.

1. Acceptance of Terms of Use. This Agreement is an electronic contract that sets out the legally binding terms (“Terms”) of your use of the Site and the beauty services available to you on the Site (“Service”.) This Agreement includes policies and notices about use of the Site and Service, including our privacy policy, which is incorporated into these Terms by reference. Each time you use the Site and Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Site and terminate your registration in HIME SAMA or your use of the Site and/or Service. The Site is owned byHIME SAMA. All references to HIME SAMA, DOKONIMO, “us”, “our”, or “we” will be deemed to include HIME SAMA.

2. Updates to Terms. We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. HIME SAMA will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Services. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to such changes, you must discontinue using the Site and Service.

3. Registering as a Customer. You do not have to be a Customer to visit this Site but only Customers can access the features and Service that we currently offer. By becoming a Customer you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Registration and refuse any and all current or future use of the Site and the Service (or any portion thereof).

4. Service. This Site and the Service are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without our prior written consent, (ii) use the Service in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing or otherwise transferring any product obtained through the Service, in violation of these Terms without our express written permission. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Service, or otherwise exceed the limited access granted to you by HIME SAMA. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.

5. Products. HIME SAMA sells beauty and other products (the “Product(s)”) on the Site and through other media to end-user Customers only for their own personal, non-commercial use. Customers may not purchase Products for further distribution or resale or for any other commercial or business purpose. Pricing for Products (including any applicable shipping and handling fees) can be found on the Site’s Product offer pages. HIME SAMA reserves the right to change prices for Products at any time, and do not provide price protection or refunds in the event of promotions or price decreases.

6. User Submission. By submitting content in any form to the Site, for instance, in the form of a testimonial, comment, or picture, (“User Content”), you grant to us and our licensees and successors in business a perpetual, worldwide, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at our sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation. By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that: (i) you are solely responsible for the User Content that you provide, (ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content, (iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, (iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations, and (v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site.

7. Proprietary Rights. The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by HIME SAMA or its licensors (“HIME SAMA Marks”) and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. HIME SAMA owns a copyright in the selection, coordination, arrangement and enhancement of the HIME SAMA Marks and such other content on the Site and a copyright in the Site. HIME SAMA and its logos are trademarks of DOKONIMO, and are protected by state and federal laws. All other trademarks appearing on this Site (“Third Party Marks”) are trademarks of their respective owners. Users are prohibited from using any HIME SAMA Marks and Third Party Marks without the written permission of HIME SAMA or such third party. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the HIME SAMA Marks, in whole or in part, without HIEM SAMA’s prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material you may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

8. No License Granted. Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of HIME SAMA.

9. Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to purchase our Products.

10. Communications from HIME SAMA. When becoming a Customer or otherwise providing an email address to us, you will receive online communications from HIME SAMA. To unsubscribe from any HIME SAMA email marketing list, simply email us of your email and your name will be removed from that mailing list. To see how we use your personal information, please refer to our Privacy Policy.

11. Links. You may be able to access other websites or resources through links on the Site. Because HIME SAMA has no control over such sites and resources, you acknowledge and agree HIME SAMA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that HIME SAMA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and therefore agree to indemnify and hold HIME SAMA, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Service and in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release HIME SAMA from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchants failure to comply with applicable law and/or failure to abide by the Services Terms and any conduct or speech, whether online or offline, of any other user.

13. Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICE) AND PURCHASE OF OUR PRODUCTS IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY MERCHANT INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE, ARE PROVIDED ON AN “AS IS” “WHERE-AS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY MERCHANT INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICE.

ALL CONTENT, PRODUCTS AND THIRD PARTY MERCHANT SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.

14. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIME SAMA, ITS PARENT, INVESTORS, SUBSIDIARIES, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. HIME SAMA’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN HIME SAMA’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).

15. Termination. HIME SAMA can suspend or terminate your enrollement in the Product auto ship program and your access to the Site or use of the Service, in whole or in part, at any time, immediately and without notice if, at HIME SAMA’s sole discretion, you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this Site and the Service and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive.

16. Access to Services. You understand and agree that your registration in HIME SAMA is subject to and conditioned upon the following: Your continued adherence to and compliance with these Terms and any future modifications thereto. Your violation of these Terms, or any other agreement between you and HIME SAMA constitute grounds for immediate termination of your registration without further notice at our sole discretion. HIME SAMA may also terminate your registration at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the HIME SAMA community. Termination of your registration will result in cancellation of all rights of access and use of Services granted to Customers and cancelled Customers may be denied access to Services or re-enrollment as Customers. HIME SAMA reserves the right to change, discontinue or suspend HIME SAMA or any of the Service at any time for any reason. You may terminate your registration or use of the Service at any time by deleting your account information or sending a request to us, using the “Contact Us” button on any page of the Site. HIME SAMA shall have decision making in cases of suspected abuse, fraud, or breach of these Terms. Any decision HIME SAMA makes relating to termination or suspension of any Customer’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Service, Termination, Privacy, Governing Law/Disputes and Miscellaneous shall survive any such termination.

17. Privacy. This Site is governed by the terms and conditions set out in our privacy policy found at www.himesama.com which is incorporated herein by reference.

18. Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and HIME SAMA. They supersede any and all prior or contemporaneous agreements between you and HIME SAMA relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of HIME SAMA to partially or fully exercise any rights or the waiver by us of any breach of these Terms by you, shall not prevent a subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.