Terms and Conditions for Culture Curl Studio LLC
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These Websites’ Standard Terms and Conditions written on this webpage shall manage your use of our website, www.culturecurlstudio.com accessible at https://www.culturecurlstudio.com, www.raquelnorikocurls.com, and www.cultureyourcurls.com (“Websites”).
These websites are operated by CultureCurlStudio.com. Throughout the site, the terms “we”, “us” and “our” refer to CultureCurlStudio.com. CultureCurlStudio.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Websites and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Websites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By visiting our Websites and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Websites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By using these Websites, you expressly agree to be bound by all the Terms herein. You must not use these Websites if you disagree with any of these Websites’ Standard Terms and Conditions.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You understand that you are solely responsible for the accuracy of your billing and account information. We are not responsible for anything that results from user input errors or omissions.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the websites through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Collected Information
These Websites, by and through its third-party service providers, may use a variety of technologies that passively or automatically collect information about how the Websites are accessed and used (“Usage Information”), including but not limited to your browser type, device type, operating system, application version, the pages served to you, the time you browse, preceding page views, and your use of features or applications on the Websites.
The Websites may also automatically collect an IP address or other unique identifier information (“Device Identifier”) for the computer, mobile device, technology, or other device (collectively, “Device”) you use to access the Websites or on third party websites that publish our advertising. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers. For mobile devices, a Device Identifier is a unique string of numbers and letters stored on your mobile device that identifies it. We may use a Device Identifier to, among other things, administer the Sites; help diagnose problems with our servers; analyze trends; track users’ web page movements; help identify you and your shopping cart; deliver advertising and gather broad demographic information.
Like many websites, we use “Cookies,” which are data files placed on a web browser when it is used to visit the Websites to facilitate site navigation and to personalize your experience, including tailoring advertisements. Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Websites and your activities on such social networking sites. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies.
The Websites do not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use the Websites.
User Generated Content
You do not have to submit anything to us, but if you choose to submit any content to the Websites, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates, or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the content that you submit and that our public posting and use of that content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Websites a non-exclusive license to access your content through the Websites, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such content. We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness, or other identifying information, if provided in connection with content), city and state in connection with broadcast, print, online or other use or publication of your content. We and our designees may use or otherwise transfer, remove, or dispose of any and all content without restriction and users of the Websites shall not be entitled to any compensation whatsoever for any such use, transfer, or disposition of content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in content shall be handled in accordance with these Terms.
Accuracy and Timeliness of Information
We are not responsible if information made available on these Websites is not accurate, complete, or current. The material on these Websites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on these Websites is at your own risk. We reserve the right to modify the contents of these Websites at any time, but we have no obligation to update any information on our Websites. You agree that it is your responsibility to monitor changes to our Websites.
Modifying Services and Prices
Prices for our products and services are subject to change without notice. We reserve the right to at any time modify or discontinue the service (or any part thereof) without notice at any given time. We shall not be liable to you or to any third party for any modifications, price changes, suspension, or discontinuance of the Service.
Products and Services for Personal Use
The products and services sold and promoted on these Websites are for personal use only. You may not sell or resell any of the products or services that you purchase or otherwise receive from us. We reserve the right to cancel or reduce the quantity of any order from these Websites if we believe, in our sole discretion, that it may result in the violation of these Terms.
Shipping and Returns
Due to the nature of our products we do not allow returns. Each order is hand put together to order so to make sure you are purchasing the correct item. Orders cannot be canceled after 24 hours of purchase.
Once an order ships, we cannot alter, change, or refund. If your items have not shipped, they can be cancelled or exchanged for an item of the same value within 2 hours of your purchase.
We ship domestically via the United States Postal Service Priority Mail or Priority Mail Express and Worldwide via DHL Express. If your item is in stock, they ship between 3-4 business days. If your item is sold out, back-orders typically ship between 6-7 business days. Once your order ships, you will receive an automatic confirmation email with your tracking number.
Once your item ships, we have no control over how long the carrier takes to get it to you. We ship Worldwide via DHL Express, which typically takes from 2-3 Business Days to be delivered from the time of shipping. We are not responsible for customs handling or tax charges.
We are not responsible for any damage, defect, material difference, or loss that occurs to goods as soon as those goods are picked up by a shipping company for delivery. If the tracking information for your package is confirmed delivered, and you are unable to locate the delivered package please contact the carrier directly who can assist further.
Certain items in your order may be considered Hazardous Materials (HAZMAT). Hazardous Materials are as follows: aerosol items, some alcohol-based items, items that contain contents under pressure, and others (e.g., hairspray and items containing flammable, volatile, or corrosive chemicals). All orders containing Hazardous Materials have shipping restrictions.
Orders cannot be canceled after 24 hours of purchase. Once an order ships, we cannot alter, change, or refund. If your items have not shipped, they can be cancelled or exchanged for an item of the same value within 2 hours of your purchase. After that your order is final. Once your item is shipped, do not refuse. If an item is refused, we will charge a $20.00 restocking fee plus the cost of shipping.
Any item lost, stolen, or damaged while in transit may be covered depending on the shipping carrier that you elected to use. Use your tracking number to file a claim at USPS.com, by phone with the United States Postal Service, or at DHL.com
Intellectual Property Rights
You are granted limited license only for purposes of viewing the material contained on the Websites.
The Websites, and all of its intellectual property contents, excluding any content supplied by the Websites user (collectively “Proprietary Content”), are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Content is owned or controlled by Culture Curl Studio LLC or by other parties that have provided rights thereto to Culture Curl Studio LLC.
Except as otherwise provided in these Terms or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, or modify the Proprietary Content or any portion thereof. Modification of the materials appearing on the Websites or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Restrictions
You are specifically restricted from all of the following:
-publishing any Websites’ material in any other media;
-selling, sublicensing and/or otherwise commercializing any Websites’ material;
-publicly performing and/or showing any Websites’ material;
-using these Websites in any way that is or may be damaging to the Websites;
-using the Websites in any way that impacts user access to the Websites;
-using the Websites contrary to applicable laws and regulations, or in any way may cause harm to the Websites, or to any person or business entity;
-engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Websites; and
-using the Websites to engage in any advertising or marketing.
Personal Information
Your submission of personal information through the Websites is governed by these Terms and Conditions.
No warranties
The Websites are provided “as is,” with all faults, and Culture Curl Studio LLC expresses no representations or warranties, of any kind, related to the Websites or the materials contained on the Websites.
Consent to Email Communications
You consent to receive any agreements, notices, disclosures, and other communications to which these Terms and Conditions refer from us electronically, including without limitation, by e-mail or by posting notices on the Websites. You agree that all such communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive electronic communications, you must notify us of your withdrawal of such consent by emailing us at info@culturecurlstudio.com and discontinue your use of the Websites. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. If you would like to stop receiving marketing or periodical communications via email, you may also opt out by unsubscribing.
Limitation of Liability
In no event shall Culture Curl Studio LLC, nor any of its officers, directors and employees be held liable for anything arising out of, or in any way connected with, your use of the Websites, whether such liability is under tort or contract. Culture Curl Studio LLC, including its officers, directors, and employees, shall not be held liable for any indirect, consequential, or special liability arising out of, or in any way related to, your use of the Websites.
We do not guarantee, represent, or warrant that your use of our Websites will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Websites will be accurate or reliable.
You agree that from time to time we may remove services for indefinite periods of time or cancel the services at any time, without notice to you. In no case shall Culture Curl Studio LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Websites or any products procured using the Websites, or for any other claim related in any way to your use of the Websites or any product, including but not limited to, any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of the Websites, or any content (or product) posted, transmitted, or otherwise made available via the Websites, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Culture Curl Studio LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, the documents they incorporate by reference, your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Variation of Terms
Culture Curl Studio LLC is permitted to revise these Terms at any time as it sees fit, and by using the Websites you are expected to review these Terms on a regular basis.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our sites.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Assignment
The Culture Curl Studio LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Culture Curl Studio LLC and you in relation to your use of the Websites and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
The Websites are operated and controlled from the State of Hawaii, United States of America. While visitors from all over the world are encouraged to visit the Websites, you acknowledge that these Terms, as well as the sale or use of any products or services purchased from or promoted on the Websites, will be governed by, and interpreted in accordance with the laws of the State of Hawaii and the United States. Your use of the Websites means that you expressly agree that exclusive jurisdiction for any claim or dispute with us resides in the courts of Maui County, State of Hawaii, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Maui County, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Changes of Terms Of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Websites. It is your responsibility to check our Websites periodically for changes. Your continued use of or access to our Websites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
California Do Not Track Notice
Under California law, website and online service operators are required to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer’s online activities over time and across third-party websites. We currently do not change our tracking practices in response to “do-not-track” signals or other similar mechanisms. California law also requires website and online service operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits, but this information does not include personal information. These third parties do not change their tracking practices in response to “do-not-track” signals from your web browser and we do not obligate these parties to honor “do-not-track” signals.
Accessibility
We are committed to digital accessibility for the Websites, and to conforming to the Web Content Accessibility Guidelines (WCAG) 2.1, Level A and AA and complying with Americans with Disabilities Act (ADA) effective communication requirements, and other applicable regulations.
Contact Information
Culture Curl Studio, Raquel Noriko Curls
55 B N. Church St.
Wailuku, HI 96793
Effective as of March 2023.
Questions about the Terms of Service should be sent to us at info@culturecurlstudio.com
© Culture Curl Studio LLC. 2023. All rights reserved.