REGISTERED USER TERMS AND CONDITIONS – MetixApp Version 1 – 011116 ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE APP KNOWN AS “METIX” (“App”) OR THE SITE AT "http://www.metixapp.com" www.metixapp.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE APP OR THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
Contracting parties. The App and the Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by Metix App Limited, a company incorporated in England with its registered office at Suite 3, 1 Duchess Street, London W1W 6AN. Metix App Limited is referred to in these terms and conditions as "we", "us", "our" or “Metix”. When you register with (or otherwise access) the App or the Site, you are contracting with Metix. You must be 13 years of age or older to register or use the services available via the App or the Site. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement.
Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the App, the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the App or the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the App, the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via "mailto:contact@MetixApp.com" contact@MetixApp.com and we will close your account as quickly as possible. Please note that you will be responsible to Metix and to others for all activity that occurs under your registration account.
Use of the Services. Metix services available via the App and the Site provide you with access to photos, videos and information about celebrity and blogger beauty images and looks, and convenient access to browse and purchase products presented on or therein (“Products”) via third party apps and sites (“Services”). Use of the App and the Site is limited solely to your own personal, non-commercial purposes. All products purchases and payments are made only via such third parties and Metix offers no direct sale of any kind. You agree that Metix shall have no responsibility or liability for any inability to access or purchase from any third party. You acknowledge that we have the right, at our sole discretion, to terminate your account, or limit or deny access to the App and/or the Site, or limit the amount of storage space, bandwidth, or other resources you may use. We further reserve the right to terminate any User account with no prior notice to you, including the deletion of any content associated therewith, if the account has been inactive for a twelve (12) month period.
Content. The App, the Site and the Content are intended only for the purposes specified or implied therein, and your use of the App, the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Metix, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the App, the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the App, the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out within the App, the Site and the Content (or under UK or local law). The App, the Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the App or the Site, please immediately report such material (and the specific page on which it is found) to "mailto:contact@MetixApp.com" contact@MetixApp.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
No Endorsement by Metix. We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) any Products or any other materials exhibited or otherwise available to by Users. While Metix provides access to information about Products that may in some cases make certain claims regarding those Products or advantages of use, Metix is not providing any information, and is not a substitute for professional medical or beauty advice or care. Metix makes and offers no health warranties or guarantees of any kind and you should consult with your doctor or health or beauty care provider in relation to any and all questions or concerns you may have regarding any health or physical condition that you may have before purchasing any Product(s) via Metix or any third party.
Prices and Payment. Price and availability of products or services accessible via Metix are as posted on the relevant third party site or app (and linked or embedded on the Site and App). All prices and product information and availability are subject to change without notice (sometimes at short notice). Prices may exclude import duties or other taxes that may be added in the destination country or elsewhere. All payments are made through our third party payment solution provider.
Credit Cards. Payments for Products purchased from third parties via Metix must be by credit or debit card (which may include any or all of Visa Debit, MasterCard, Maestro and/or American Express). All credit/debit cardholders will be subject to validation checks and authorisation by the card issuer before any purchase can be completed. If your card issuer refuses to authorise payment, your order will be cancelled. In any event, the relevant third party seller shall be responsible for all fulfilment and other agreed terms of purchase and Metix shall not be liable for any delay, non-delivery or other compliant. By using your credit or debit card, you confirm that the applicable card is yours and that there are sufficient funds or credit available to cover all agreed payments and charges.
Acceptance. By placing any order for products or services via the App and/or the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement.
Refunds. No refunds are available from or via Metix and you must direct all Product-related queries to the applicable retailer from whom you purchased the Product(s). Nothing herein affects your statutory rights.
Liability. You agree that the liability of Metix to you hereunder shall be limited to the amount you have actually paid to Metix for its products or services hereunder of, if greater, GBP100. Except as set out herein, Metix shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the App, the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Metix.
Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, METIX, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE APP OR THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Indemnity. You agree to indemnify Metix for any loss or damage that may be incurred by Metix, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the App, the Site and/or the Content. You further undertake to indemnify Metix for all loss or damage incurred by Metix in relation to any third party claim against Metix for infringement of intellectual property rights arising in relation to your provision of materials to the App, the Site and/or the Content.
Termination of this Agreement. Metix may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the App or the Site, or if you have any other complaint about the App, the Site or any Content or other posted materials, please contact us via "mailto:contact@MetixApp.com" contact@MetixApp.com. "mailto:email@example.com" If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via "mailto:contact@MetixApp.com" contact@MetixApp.com (making sure to include both the specific location (URL and/or App page) for the non-complying content and the reasons you believe it does not comply).
Trade Marks. The brands, products and service names used in the App, the Site and/or the Content (including without limitation, "Metix” and “MetixApp”) are trademarks or trade names of Metix or its trading partners unless otherwise stated.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the App, the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. Metix will cooperate with the authorities in prosecuting any User who Interferes with the App, the Site or the Content or otherwise attempts to defraud Metix or any other parties through your use of the App, the Site or the Content or any services provided hereunder. Metix reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site and/or the App. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership. Your use of the App, the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement. Variation. This Agreement may be varied from time to time by our posting new terms on the the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England. Contacting Us. If you have any questions, please email us via contact@MetixApp.com, firstname.lastname@example.org.