TERMS OF USE
Description of Service
TRANSPARENT BEAUTY, LLC currently provides online websites designed to enable the sale of personalized products for commercial and consumer use ("Service"). These websites enable the composition of personalized products by allowing the end user to select a product style and template, add an uploaded digital image, and personalize the text. TRANSPARENT BEAUTY, LLC also partners with other companies to fabricate orders. User understands and agrees that the Service is provided "as-is" and that TRANSPARENT BEAUTY, LLC assumes no responsibility for timeliness, deletion, or mistaken delivery of orders, or the failure to store any user communications or personalization settings.
Pricing
Prices charged by the site are subject to change without notice. Prices are not guaranteed for a particular order until the User's credit card has been successfully charged for the order.
Image Storage
User acknowledges that this site is not intended to be a permanent archive for images, content, or finished orders. Uploaded images, text, and finished orders may be deleted at any time. TRANSPARENT BEAUTY, LLC will not be held liable for losses caused by the deletion of User's images, content, or finished orders.
Use of Images
This website can only accept digital images that are your private property or that are properly licensed with permission from the owner of such images. Any use of licensed images or private property of any individual or business is strictly forbidden by law without the express written consent of the individual or entity that created or captured the image. Any user of this website who places an order using licensed images, accepts full responsibility for any laws that may be broken either deliberately or unintentionally. This website, its assignees, and or its affiliates will not be responsible for any irresponsible actions by users of this website pertaining to the electronic ordering of products utilizing licensed material.
Offensive Content
User agrees to not compose orders containing Offensive Content. Offensive Content includes images or text that are (1) obscene, slanderous, deceptive or pornographic (2) offensive to or disparaging of racial, ethnic, religious, or other groups, (3) inflammatory, (4) defined as obscene or offensive by applicable local, state or federal laws, (5) advocates illegal activities or (6) is harmful to minors in any way. User agrees that TRANSPARENT BEAUTY, LLC may determine at their own discretion what content it deems Offensive Content. User agrees that TRANSPARENT BEAUTY, LLC may choose to not produce any order that contains Offensive Content.
Accuracy of Colors
TRANSPARENT BEAUTY, LLC strives to render orders as accurately as possible during the order entry process. However, User acknowledges that colors in the actual printed product may vary due to monitor settings, data transmission errors, rendering engine errors, printer variations, and other factors. User acknowledges that delivered product may not be an exact color match to the rendered image on the Internet Site. User indemnifies TRANSPARENT BEAUTY, LLC for any costs User incurs as a result of variances in color reproduction including, but not limited to, returns, lost income, discounts, and punitive damages.
Customer Service and Returns
User acknowledges that Customer Service related to the purchases made on the site will be provided by TRANSPARENT BEAUTY, LLC. Because each item is custom-made, all sales are final. Products are sold “as-is”. Returns are not accepted.
Warranty
TRANSPARENT BEAUTY, LLC makes no representation, express or implied, regarding any product featured in this Internet Site. TRANSPARENT BEAUTY, LLC expressly disclaims any implied warranties of merchantability or fitness for a particular purpose. Furthermore, TRANSPARENT BEAUTY, LLC shall not be liable for any losses, liabilities, or damages, including direct, indirect or consequential damages (including, but not limited to, damages for lost revenue, lost profits, business interruption, and the like) arising from the use of or related to any product purchased from this Internet Site.
Limitation of Liability
This Internet Site is provided "as-is." TRANSPARENT BEAUTY, LLC shall not be liable for any direct, indirect or consequential damages (including, but not limited to, damages for lost revenue, lost profits, business interruption, lost information or data, computer interruption, and the like) arising from or related to the use of or inability to use this Internet Site. TRANSPARENT BEAUTY, LLC and its subsidiaries expressly disclaim any implied warranties of merchantability and fitness for a particular purpose.
It is a violation of Federal and international law to use this Internet Site in any manner other than as presented herein.
The descriptions, suggestions, recommendations and other statements provided by TRANSPARENT BEAUTY, LLC are for informational purposes only. TRANSPARENT BEAUTY, LLC makes no representation or warranty, express or implied, regarding any product or product description. TRANSPARENT BEAUTY, LLC shall not be liable for any direct, indirect or consequential damages arising from use of or reliance upon the descriptions, suggestions, recommendations or other statements contained on this site.
Credit Card Transaction Processing
User authorizes TRANSPARENT BEAUTY, LLC to process payment for orders at the time orders are placed. This means User's credit card will be authorized and charged at that time. Orders will be fabricated and shipped within five business days of order acceptance. Shipping may take up to five business days.
Computer Equipment and Access
User agrees to cover all costs associated with User's access to this Internet Site. This includes User's computer equipment, Internet access, telephone services and software.
Security
TRANSPARENT BEAUTY, LLC utilizes Secure Socket Layer (SSL) technology with 128-bit encryption to protect Private Information and credit card information. Users of the site are responsible for maintaining the confidentiality of their account(s) and password(s) and for restricting access to their computer. User certifies that User is at least 18 years of age. Anyone under 18 years of age must have permission and accompaniment of an adult to use the site.
Property Rights
It is illegal to copy, photograph, transcribe, reproduce or otherwise record in any manner this Internet Site, or any part thereof, without the prior written consent of TRANSPARENT BEAUTY, LLC. All materials including images, illustrations, designs, icons, photographs, written content and other materials that are part of this Internet Site are copyrighted by TRANSPARENT BEAUTY, LLC. User grants TRANSPARENT BEAUTY, LLC the right to display any image capture of the User by TRANSPARENT BEAUTY, LLC on the site as an example of customer orders.
Trademarks
Zenia Denise is the is a trademark of Transparent Beauty, LLC. Product names and brand names are trademarks or registered trademarks of their respective owners.
Applicable Law
This site is created and controlled by TRANSPARENT BEAUTY, LLC in the State of Virginia. User agrees that the laws of the State of Virginia will govern all terms, conditions, and disclaimers on the site, including these Terms of Use, without giving effect to any principles of conflicts of law.
Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions shall not in any way be affected or impaired thereby, and to the extent possible the parties shall cooperate to comply with the intent of the otherwise unenforceable provisions.
Force Majeure
TRANSPARENT BEAUTY, LLC shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, interruptions of electrical service, or any other cause beyond reasonable control of TRANSPARENT BEAUTY, LLC.
Entire Agreement
This agreement comprises the entire agreement between User and TRANSPARENT BEAUTY, LLC and supersedes any prior or previous agreements between us.
Client Agreement
Exhibition: The Client grants Zenia Denise for Transparent Beauty, LLC permission to display selected images resulting from this assignment as an example of Zenia Denise for Transparent Beauty, LLC’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
Model Release: The Client hereby grants Zenia Denise for Transparent Beauty, LLC and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish digital imagery of The Client or in which The Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Zenia Denise for Transparent Beauty, LLC and its legal representatives and assigns from all claims and liability relating to said photographs, including any and all claims for libel and invasion of privacy.
Digital Media / Photograph and COPYRIGHTS: All digital products produced by Zenia Denise for Transparent Beauty, LLC are protected by Federal Copyright Law (Title 17, U.S. Code Section 101) and may not be reproduced in any manner without explicit written permission from Zenia Denise for Transparent Beauty, LLC. Upon final payment by The Client limited photo release of the resulting images are allowed to The Client under the following conditions:
• Final edited images are the property of The Client for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
• Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by Zenia Denise for Transparent Beauty, LLC.
• The Client must obtain written permission from and compensate Zenia Denise for Transparent Beauty, LLC prior to The Client or its friends and relatives publishing or selling the photographs for profit.
Liability: Zenia Denise for Transparent Beauty, LLC is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for themselves and/or their children and release photographer from any claims against their person or their business.
Archive : After seven (7) days, all images will be purged from Zenia Denise for Transparent Beauty, LLC’s hard-drive, except as needed for promotional purposes, to be determined by Zenia Denise for Transparent Beauty, LLC at their sole discretion. Zenia Denise for Transparent Beauty, LLC is not responsible for loss or damage to the digital files due to circumstances beyond their control.
Delivery Time: Images are delivered between seven (7) to fourteen (14) business days after the completion of the shoot. Expedited delivery of images is available for a $100 fee based on photographer availability.