Grow in Faith Cotton Canvas Tote Bag
.: 100% cotton canvas
.: Heavy fabric (12 oz/yd² (406.9 g/m²))
.: Sewn-in label
US Ground Shipping:
Your order will be processed in 3 business days and delivered in 8-10 business days. (Weekends excluded) to ship your purchase out.
When checking out, make sure to select the appropriate shipping method. Please get in touch with us directly if you do not see the option.
The quickest means of contact is via Instagram @zqbeauty In the event that you can’t contact us via Instagram please contact us via email hhumblehappenings@gmail.com (permit 24-48 hours for a reaction through email)
Kindly get in touch with us assuming that you have any inquiries concerning your purchase.
At ZQ Beauty, we strive to ensure your complete satisfaction with every purchase. However, we understand that sometimes circumstances may require a return or refund. Please read our refund policy carefully to understand your options:
1. Eligibility for Refunds:
We accept refund requests within 30 days of the purchase date.
To be eligible for a refund, the item must be unopened & unused, in its original packaging, and in the same condition as received.
2. Non-Refundable Items:
Certain items are not eligible for refunds, including:
Gift cards
Any products marked as non-returnable
3. Refund Process:
To initiate a refund, don't hesitate to get in touch with our customer support team at hhumblehappenings@gmail.com .
Provide your order number and reason for the refund request. Once your request is received and approved, we will provide instructions on how to return the item.
Upon receiving the returned item, we will inspect it and notify you of the status of your refund. If the refund is approved, it will be processed, and a credit will automatically be applied to your original method of payment within a certain number of days, depending on your card issuer's policies.
4. Return Shipping:
Customers are responsible for the cost of return shipping unless the item is damaged or defective upon arrival.
5. Damaged or Defective Items:
If you receive a damaged or defective item, please contact us immediately for assistance.
We may require photographic evidence of the damage or defect before processing a refund or replacement.
6. Late or Missing Refunds:
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, as it may take some time before your refund is officially posted.
If you’ve done all of this and still have not received your refund, please contact us for further assistance.
7. Changes to This Policy:
We reserve the right to modify this refund policy at any time. Any changes will be effective immediately upon posting on our website.
Welcome! You have landed on a website operated by ZQ Beauty, LLC (“ZQ Beauty”, “we,” “our” or “us”). These Terms and Conditions of Service (“Terms”) regulate your usage of https://zqbeauty.com/ (including, but not limited to, both mobile and online versions of our site and our online store), and also pertain to your utilization of all features, applications, content, downloads, and other services provided through the site and/or that are linked to these Terms (collectively referred to herein as the “Site”). By accessing the Site, you acknowledge and agree to the Site’s Privacy Policy, and consent to the collection and utilization of your data (including Personal Data as defined therein) in accordance with the Privacy Policy. Additionally, by using the Site, you hereby consent to ZQ Beauty potentially adjusting, altering, or modifying the settings or configurations on your Device (defined below) to facilitate or enhance your use of the Site.
If you intend to use this Site, please carefully review these Terms in their entirety (including all linked details), as they constitute a binding agreement between you and us and impact your legal rights and responsibilities. Each instance of accessing and/or utilizing the Site (except for simply reading these Terms) signifies your acceptance and compliance with these Terms and any Additional Terms (defined below) subsequently posted. Therefore, refrain from using the Site if you do not consent to these terms.
The practicalities of operating the Site necessitate the conditions outlined in these Terms—such as your grants and waivers of rights, limitations on our liability, your indemnification of us, and the arbitration of certain disputes—without which ZQ Beauty would not be able to provide the Site to you.
In certain cases, both these Terms and separate guidelines, rules, or terms of use or sale delineating additional or different terms and/or conditions will govern your utilization of the Site or a service or product offered via the Site (in each such case and collectively, “Additional Terms”). If there is any conflict between these Terms and any Additional Terms, the Additional Terms will take precedence unless expressly stated otherwise in the Additional Terms.
Table of Contents
It is imperative that you carefully read and comprehend these entire Terms before using the Site. The following table of contents further highlights some significant issues and points.
1. Site Content, Ownership, Limited License, and Rights of Others
We grant you only a limited, revocable license to use the Site for your personal non-commercial use, subject to rules and limitations.
2. Site and Content Use Restrictions
Your usage is subject to our specified rules.
3. Opening and Terminating Accounts
You have the liberty to open, modify, and close your accounts.
4. Terms Applicable to Purchases
If you make purchases through the ZQ Beauty store, these terms are applicable.
5. Content You Submit and Community Usage Rules
You provide us with a broad license, which we may sub-license, to the content you submit, affirming that you have the right to grant us permission to use it. Nonetheless, you retain ownership of and responsibility for your content. The usage of our Site is contingent upon community usage rules, and we reserve the right to manage our Site to maintain its content appropriateness.
6. Procedure For Alleging Copyright Infringement
Users are prohibited from posting content they do not own or control and may face suspension or termination if they do so. Copyright owners may notify us of infringement by following the specific instructions outlined in this section.
7. Procedure For Alleging Infringement of Other Intellectual Property
You may also notify us of infringements of other intellectual property rights, such as trademarks and other rights, that you believe occur on the Site.
8. Notices, Questions, and Customer Service
Click here to reach out to us for customer service or questions. By using the Site, you agree that we may provide you with notices, including notices of changes to the Terms or new terms and conditions, by posting notices on the homepage of the Site or through other reasonable means, such as via the email you provided.
9. Your Site Links
You are permitted to link to our Site, provided you adhere to certain basic rules.
10. Linked Websites; Advertisements; Interactions with Third Parties
We do not take responsibility for third parties or their content, advertisements, applications, or websites.
11. Wireless & Location-Based Features and Other Telephonic Communications
Usage of the Site via wireless networks or devices may incur wireless carrier charges. Providing telephone numbers and other contact information.
12. Dispute Resolution
You consent to resolving most disputes through arbitration and waive the right to jury trial and participation in class actions.
13. Disclaimer of Representations and Warranties
We disclaim most warranties and present the Site "As Is."
14. Our Liability Limitations
Our liability is significantly restricted.
15. Waiver of Injunctive or Other Equitable Relief
You renounce the pursuit of equitable or injunctive relief.
16. Updates to Terms
These Terms and any Additional Terms posted on the Site at the time of each use govern that particular use, and the Terms may be updated prospectively as our Site evolves. Posting of new terms on the Site serves as notice to you.
17. General Provisions
You agree to various other terms and conditions.
Full Details of Terms and Conditions
1. Site Content, Ownership, Limited License, and Rights of Others
a) Content. The Site encompasses a variety of elements, including: (i) materials and other items pertaining to ZQ Beauty, ZQ Beauty's products, mission statement, and similar content from our licensors and other third parties, encompassing all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the Site materials, along with any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of ZQ Beauty (collectively referred to as “Trademarks”); and (iii) other forms of intellectual property (collectively referred to as “Content”).
b) Ownership. The Site (comprising past, present, and future versions) and the Content are either owned or under the control of ZQ Beauty, our licensors, and certain other third parties. All rights, title, and interest in and to the Content accessible via the Site belong to ZQ Beauty, our licensors, or certain other third parties, and are safeguarded by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the maximum extent permitted. ZQ Beauty holds the copyright to the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
c) Limited License. Conditional upon your strict adherence to these Terms and any relevant Additional Terms, ZQ Beauty grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, except as provided to access and use for display and functionality) on a personal computer, mobile phone, or other wireless device, or any other Internet-enabled device (each, a “Device”), solely for your personal, non-commercial use. This restricted license: (i) confers no ownership rights or any other intellectual property interest in any Content to you, and (ii) may be promptly suspended or terminated for any reason, at the sole discretion of ZQ Beauty, without prior notice or liability. On certain occasions, we may grant you broader access to and usage of Content, contingent upon specific Additional Terms.
d) Rights of Others. While using the Site, you are obligated to respect the intellectual property and other rights of ZQ Beauty and third parties. Unauthorized utilization of Content may breach copyright, trademark, privacy, publicity, communication, and other laws, potentially subjecting you to personal liability, including potential criminal repercussions.
2. Site and Content Use Restrictions
a) Restrictions on Site Use. You hereby agree not to: (i) utilize the Site for any political or commercial purposes (including, but not limited to, advertising, soliciting funds, collecting product prices, and selling products); (ii) employ any meta tags or any other form of “hidden text” utilizing any Trademarks; (iii) partake in any activities via or in connection with the Site that aim to, attempt to, or do harm to any individuals or entities, or that are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that infringe upon any right of any third party, or are otherwise objectionable to ZQ Beauty; (iv) undertake reverse engineering, decompiling, disassembling, reverse assembling, or modifying any Site source or object code or any software or other products, services, or processes accessible through any segment of the Site; (v) engage in any activity that disrupts a user’s access to the Site or the smooth functioning of the Site, or that causes harm to the Site, ZQ Beauty, or other users of the Site; (vi) interfere with or bypass any security feature of the Site or any feature that restricts or enforces limitations on the use of or access to the Site, the Content, or the User-Generated Content; (vii) harvest or otherwise gather or store any information (including Personal Data of other users of the Site, such as email addresses) without the explicit consent of ZQ Beauty and of such users; (viii) attempt to gain unauthorized access to the Site, other computer systems, or networks connected to the Site, through password mining or any other means; or (ix) otherwise contravene these Terms or any Additional Terms.
b) Restrictions on Content Use. Additionally, you agree that, while using the Site: (i) you will refrain from monitoring, gathering, copying, or distributing the Content (except as may occur as a result of standard search engine activity or the use of a standard browser) on the Site by employing any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or employ framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will ensure that all Trademark, copyright, and other intellectual property notices contained in such Content remain intact; (iv) you will refrain from using such Content in a manner that implies an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any alterations to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise utilize or exploit such Content in any manner for any purpose except as expressly permitted by these Terms or any Additional Terms or with the prior written consent of an officer of ZQ Beauty or, in the case of Content from a licensor, the owner of the Content; and (vii) you will refrain from inserting any code or product to manipulate such Content in any manner that negatively impacts any user experience.
c) Site and Content Availability. ZQ Beauty reserves the right to immediately suspend or terminate the availability of the Site and Content (and any elements and features thereof), in whole or in part, for any reason, at ZQ Beauty’s sole discretion, and without prior notice or liability.
d) Reservation of All Rights Not Granted Regarding Content and Site. These Terms and any Additional Terms comprise solely limited, narrow grants of rights to Content and to the use and access of the Site. No right or license shall be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not explicitly granted to you are retained by ZQ Beauty and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is strictly prohibited.
3. Account Registration and Termination
The practices of the Site regarding the collection and utilization of your Personal Data during account registration or subsequent use of the Site are conducted in accordance with our Privacy Policy. Individuals under the age of thirteen (13) are prohibited from registering as users, using the Site, or submitting personal information to us.
If you register for any feature requiring a password and/or username, you will choose your own password during registration (or we may send you an email notification containing a randomly generated initial password). You agree that: (i) You will not select a username (or email address) already in use by another individual, impersonate another person, use an address belonging to someone else, infringe upon the intellectual property or other rights of any person or entity, or choose an offensive username. We may reject the use of any password, username, or email address for any reason at our discretion; (ii) You will provide accurate, current, and complete registration information about yourself during the registration process and, when permitted, continuously and promptly update it to ensure accuracy, currency, and completeness; (iii) You are solely responsible for all activities conducted under your account, password, and username – regardless of whether you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device to prevent unauthorized access to any password-protected section of the Site using your name, username, or password; (v) You will promptly notify us of any unauthorized use of your account, password, or username, or any other security breach; and (vi) You will not sell, transfer, or assign your account or any associated account rights.
We shall not be liable for any loss or damage (of any kind and under any legal theory) suffered by you or any third party resulting from your inability or failure, for any reason, to fulfill any of the aforementioned obligations.
If any information you provide, or if we have reasonable grounds to suspect that any information you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, we may suspend or terminate your account. We also reserve the broader right to terminate your account, suspend, or otherwise deny you access to it or its benefits – all at our sole discretion, for any reason, and without prior notice or liability. If you wish to close your Site account, please contact us at hhumblehappenings@gmail.com and include “Account Closure Request” in the subject line, providing us with your full name and email address associated with your account.
4. Terms and Conditions for Purchases
a) General. To make purchases from the ZQ Beauty online store, you must be at least eighteen (18) years old or the legal age of majority in your jurisdiction. Prior to purchasing any products or services, you must furnish us with a valid credit card number and associated payment details, including: (i) your name as it appears on the card, (ii) your credit card number, (iii) the expiration date, and (iv) any activation numbers or codes necessary to process your payment. By providing this information to us or our third-party credit card processor, you authorize us and/or our processor to charge your card within thirty (30) days of credit card authorization. By ordering any product or service on the Site, you agree to pay the applicable price (including any applicable sales taxes and surcharges) at the time of order submission. ZQ Beauty will automatically bill your credit card or other payment methods provided during the order process for the specified price. Please note that we do not offer price protection or refunds in the event of price reductions or promotional offerings.
b) Payment Methods, Credit Card Terms, and Taxes. All payments must be made using Visa, MasterCard, Discover, or American Express. Currently, we do not accept cash, personal or business checks, or any other forms of payment, although this policy may change in the future. Your card issuer agreement governs the use of your designated card, and you must refer to that agreement, not these Terms, to understand your rights and liabilities as a cardholder. You hereby confirm that you will not use any credit card or other payment methods unless you have the necessary legal authorization to do so. YOU, NOT ZQ BEAUTY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS CHARGED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to settle all fees and charges incurred in connection with your purchases (including any applicable taxes) at the prevailing rates when the charges were incurred. Unless you report any discrepancies to ZQ Beauty within sixty (60) days of their initial appearance on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If ZQ Beauty does not receive payment from your credit card issuer or its agent, you agree to settle all amounts due upon demand from ZQ Beauty or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the product prices. You are responsible for settling any such taxes or charges imposed on your purchases, including, but not limited to, sales, use, or value-added taxes. ZQ Beauty will automatically deduct and withhold the applicable tax for orders to be delivered to addresses within any states or localities where it is deemed necessary, in accordance with our prevailing order policy at the time of purchase.
c) Return Policy. All Sales Are Final. We do not entertain returns, exchanges, or refunds. Please note that ZQ Beauty reserves the right to decline all return requests.
In the unlikely scenario that a product does not match the description, we will only dispatch replacements for damaged or missing products within 14 days of receiving the package.
Customers are required to provide photos of the issue, including the packing slip, to hhumblehappenings@gmail.com .
Currently, our return policy has been revised to allow customers to cancel any unshipped orders at any time for a full refund. Please reach out to hhumblehappenings@gmail.com for assistance.
d) Order Acceptance Policy. Receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ZQ Beauty reserves the right, at any time after receiving your order, to accept or decline your order for any reason. ZQ Beauty also reserves the right, at any time after receiving your order and without prior notice to you, to provide less than the quantity you ordered of any item. Your order will be considered accepted upon the shipment of the products you have ordered. We may request additional verifications or information before accepting any order. Nevertheless, you agree that, if we cancel all or part of your order, or if we provide you with less than the quantity you ordered, your sole and exclusive remedy shall be either: (a) we will issue a credit to your credit card account for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order), or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with ZQ Beauty has been processed until you receive confirmation from ZQ Beauty via email or the Site. As mentioned above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.
e) No Obligation Regarding Mislabeled Products. We strive to accurately describe every item, product, or service offered on this Site. However, as humans, we cannot guarantee that all specifications or pricing on the Site are complete, accurate, reliable, current, or error-free. In the event of any errors concerning the pricing or specifications of any item, product, or service, ZQ Beauty reserves the right to reject or cancel any orders at its discretion. If we have already charged your credit card or other accounts before cancellation, we will issue a credit to your account for the amount charged. Additional terms may apply. If a product you purchased from ZQ Beauty does not match the description, your sole recourse is to return it in unused condition, complete, and undamaged, in its original packaging.
f) Changes to Prices or Billing Terms. The availability of products and services on the Site is subject to change. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT ALWAYS BE AVAILABLE AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. ZQ Beauty reserves the right to modify its prices and billing methods for sold services at any time, effective immediately upon posting on the Site or through email delivery to you.
g) Membership Subscriptions. This Site may provide you with the option to subscribe to a membership plan (the "Membership Subscription"). Further details about the various Membership Subscriptions, including terms and pricing, will be provided on the Site, as applicable.
You can purchase the Membership Subscription online using any major credit card (unless otherwise agreed upon payment terms). The charges to such credit card will be shown at the time of the transaction. Membership Subscriptions will auto-renew at the end of the subscription period unless you cancel your subscription.
Purchases of membership subscriptions on the Site are nonrefundable and do not hold monetary value (i.e., they are not equivalent to cash or cash accounts). They are purchases of a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if they come with a durational term (e.g., a monthly subscription). We reserve the right to change our prices at any time without prior notice to you. However, the rights associated with a Membership Subscription you have purchased remain unaffected in the event of a price change after your purchase date. Any subsequent purchases will be at the updated price.
We utilize a secure third-party service provider (e.g., Stripe) to process all payments made to us. You acknowledge and agree that ZQ Beauty is not a payment card processor and does not handle payment card transactions; it only transmits information related to your payment processing to processors. You should review and understand the terms under which that service provider accepts and processes payments, a link to which is provided to you during the purchase process. By making transactions on the Site, you are deemed to have read and accepted those terms. We are not liable to you for any breaches of those terms by that service provider.
If we suspend or terminate any usage subscriptions, you will forfeit the suspended or terminated subscription or items, unless otherwise specified in any Additional Terms (such as refund policies applicable to a subscription service). Similarly, except as stated in any Additional Terms or as required by applicable law, we are not obligated to provide you with any credit, refund, or other compensation in the event of our modification of any usage subscriptions, or for losses or damages resulting from errors or any other cause.
h) Promotional Codes. The use of promotional or discount codes on the site is subject to the rules and regulations set forth. A promo code cannot be combined with another promo code. Gift sets, bundles, and other items with an associated value are not eligible for purchase with a discount code.
5. Content You Provide and Community Usage Guidelines
a. User-Generated Content.
(i) Overview. ZQ Beauty may presently or in the future provide users of the Site with the chance to generate, create, post, upload, exhibit, publish, disseminate, transmit, air, or otherwise share on or submit through the Site (collectively, "submit") messages, avatars, text, illustrations, files, images, graphics, photographs, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other materials and the concepts included therein (collectively, "User-Generated Content"). You may be allowed to accomplish this through forums, blogs, message boards, social networking spaces, contact tools, email, and other communication features. Subject to the license you grant in these Terms, you retain any legally recognizable right, title, and interest that you possess in your User-Generated Content, and you ultimately hold responsibility for it.
(ii) Confidentiality of Your User-Generated Content. Unless stated otherwise in the Site’s Privacy Policy or any Additional Terms, you consent to the following: (a) your User-Generated Content will be treated as non-confidential – irrespective of any labels such as "confidential" or "proprietary" – and will not be returned; and (b) ZQ Beauty assumes no obligation of any sort to you or any third party concerning your User-Generated Content. Upon ZQ Beauty's request, you will provide any documentation needed to validate the rights to such content and to confirm your compliance with these Terms or any Additional Terms. You acknowledge the potential security vulnerabilities of the Internet and mobile communications and understand that submissions of User-Generated Content may not be secure; therefore, you submit such content at your own risk. When communicating with ZQ Beauty, please bear in mind that we do not solicit unsolicited ideas or materials for products or Sites, or even suggested improvements to products or services, including, but not limited to, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software, or any other entity (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us through the Site are considered User-Generated Content and are licensed to us as outlined below. Additionally, ZQ Beauty retains all rights possessed by the general public in relation to your Unsolicited Ideas and Materials. ZQ Beauty's receipt of your Unsolicited Ideas and Materials does not imply acknowledgment of their novelty, priority, or originality, nor does it inhibit ZQ Beauty's right to contest existing or future intellectual property rights pertaining to your Unsolicited Ideas and Materials.
(iii) Grant of License to ZQ Beauty for Your User-Generated Content. Unless otherwise specified in any applicable Additional Terms (such as official rules for contests), which specifically govern the submission of your User-Generated Content, you hereby grant to ZQ Beauty, and you agree to grant to ZQ Beauty, a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (at multiple levels), display, publicly perform, transmit, publish, broadcast, translate, create derivative works of, and otherwise utilize and exploit, in any manner whatsoever, all or any part of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine it with other materials, and (b) utilize any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including the development, production, and marketing of products and/or Sites. You acknowledge that in exercising such rights, metadata, notices, and content may be removed or altered, including copyright management information, and you consent to this and represent and warrant that you have all necessary authority to do so. Additionally, in order to further effect the rights and license that you grant to ZQ Beauty for your User-Generated Content, you also hereby grant to ZQ Beauty, and agree to grant to ZQ Beauty, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or compensation to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5(a)(iii).
(iv) Exclusive Right to Manage Our Site. ZQ Beauty may, at its discretion, review, monitor, display, post, store, maintain, accept, or otherwise utilize any of your User-Generated Content, and ZQ Beauty may, in its sole discretion, reject, delete, move, re-format, remove, or refuse to post or otherwise utilize User-Generated Content without notice or liability to you or any third party in connection with the operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including the content restrictions outlined in the Site & Content Use Restrictions (defined in Section 2(b)). Such User-Generated Content submitted by you or others need not be maintained on the Site by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, or otherwise utilize such User-Generated Content on the Site or elsewhere.
(v) Representations and Warranties Regarding Your User-Generated Content. By submitting any User-Generated Content, you affirm and warrant that you have reached the age of majority in your jurisdiction or have obtained appropriate consent from a parent or legal guardian if the User-Generated Content includes a minor, and that, concerning said User-Generated Content: (a) you are the sole creator and rightful owner of the intellectual property and other rights associated with the User-Generated Content, or you possess legal authorization to submit the User-Generated Content and confer upon ZQ Beauty the rights specified in these Terms and any Additional Terms, without ZQ Beauty incurring an obligation to secure consent from any third party, and without imposing any obligation or liability on ZQ Beauty; (b) the User-Generated Content is accurate; (c) the User-Generated Content neither infringes nor, with regards to ZQ Beauty’s authorized uses and exploitation as outlined in these Terms, will infringe upon any intellectual property or other rights of any third party; and (d) the User-Generated Content will not contravene these Terms (including the Rules) or any Additional Terms, nor cause harm or injury to any individual.
(vi) Enforcement. ZQ Beauty is not obligated to oversee or enforce your intellectual property rights concerning your User-Generated Content. However, you grant us the authority to safeguard and uphold our rights to your User-Generated Content, including initiating and managing legal actions in your name and on your behalf (at ZQ Beauty's expense, to which you hereby consent and appoint ZQ Beauty as your attorney-in-fact, with the power of substitution and delegation, with this appointment being irrevocable and coupled with an interest).
Community Usage Guidelines. As a participant in the Site, these Community Usage Guidelines (“Guidelines”) serve to clarify the expected conduct for members of the Site's online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all the Terms, including these Rules:
Your User-Generated Content. All User-Generated Content you submit must be original or you must have obtained the necessary rights from third parties to comply with these Terms and any Additional Terms. Your content should not include visible logos, phrases, or trademarks that belong to third parties. Do not use or pass off content from others as your own, including content found elsewhere on the Internet. If your User-Generated Content involves contributions or rights from others, or if anyone is depicted or referenced, you must have their permission to submit the content to ZQ Beauty. For example, if you submit a photo taken by someone else that includes you and a friend, you need permission from both the friend and the photographer.
Photos: Only Pictures, Videos, or Images of You and Your Friends and Family. If you submit photos, link to embedded videos, or include images of real people, ensure they depict you or you with someone you know, and that you have their express permission to submit the content.
Act Appropriately. All activities on the Site must be appropriate for the venue, as determined by us. Be respectful of others' opinions and comments to foster a community for everyone. Avoid posting content that might offend or embarrass others. Prohibited actions include cursing, harassment, stalking, insulting comments, personal attacks, and gossip. Your content must not threaten, abuse, or harm others, and should not include negative comments based on race, national origin, gender, sexual orientation, or physical handicap. Avoid defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit content.
Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote products, services, commercial activities, politicians, public servants, or laws.
Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote infringing, illegal, or other inappropriate activities.
Be Honest and Do Not Misrepresent Yourself or Your Content. Do not impersonate others or submit content that is false, fraudulent, deceptive, inaccurate, or misleading.Do not misrepresent your identity or affiliation with any person or company.
Others Can See. The Communities are public or semi-public. User-Generated Content you submit may be accessible and viewable by other users. Avoid submitting personal data in Community spaces and be cautious when disclosing such information.
Don’t Share Others’ Personal Data. Your content should not reveal another person's address, phone number, email address, social security number, credit card number, medical information, financial information, or other tracking or contact information, unless specifically requested by ZQ Beauty.
Don’t Damage the Site or Anyone’s Devices. Your content must not contain viruses, Trojan horses, spyware, or other malicious code that could impact the operation of the Site or any computer or device.
If you submit User-Generated Content that ZQ Beauty reasonably believes violates these Rules, we may take any legally available action we deem appropriate, at our sole discretion. However, we are not obligated to take any action unless required by law. We may require proof of the permissions mentioned above in a form acceptable to us at any time. Failure to provide such proof may result in the removal of the User-Generated Content in question from the Site.
(ii) Your Interactions with Other Users; Disputes. You are solely responsible for your interactions with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Use common sense and your best judgment in your interactions with others (e.g., when you submit any Personal Data or other information) and in all of your online activities.
6. Procedure for Alleging Copyright Infringement
a) DMCA Notice. ZQ Beauty will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, you may send us a written notice that includes all of the following:
(i) A subject line that says: “DMCA Copyright Infringement Notice”;
(ii) A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site where the material appears);
(iv) Your full name, address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) Your electronic or physical signature.
ZQ Beauty will only respond to DMCA Notices received by mail or email at the addresses below:
By Mail: ZQ Beauty, 2697 E Beechwood Ln, Vincennes, IN 47591
By Email: hhumblehappenings@gmail.com
Determining whether your copyright has been infringed can be challenging. ZQ Beauty may choose not to respond to DMCA Notices that do not substantially comply with the requirements above and may elect to remove allegedly infringing material that comes to its attention via notices that do not fully comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information you provide in your notice to the person who provided the allegedly infringing content. That person may choose to send us a DMCA Counter-Notification.
Without limiting ZQ Beauty's other rights, ZQ Beauty may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by ZQ Beauty. See Section 3, above.
b) Counter-Notification. If access to a work you submitted to ZQ Beauty on the Site is disabled or the work is removed due to a DMCA Notice, and you believe this action is a result of error or misidentification, you may send us a DMCA Counter-Notification to the addresses provided above. Your DMCA Counter-Notification should include the following information:
(i) A subject line stating: “DMCA Counter-Notification”;
(ii) A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access was disabled (please include the URL of the Site where the material was located);
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material;
(iv) Your full name, address, telephone number, email address, and the username of your account;
(v) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the U.S., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided the DMCA notification or an agent of such person; and
(vi) Your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Upon receiving a DMCA Counter-Notification, we may replace the removed material (or cease disabling access to it) within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, unless we first receive notice that the party who submitted the original DMCA Copyright Infringement Notice has filed a lawsuit seeking a court order to restrain you from engaging in infringing activity related to the material on the Site. Be aware that we may forward the Counter-Notification to the party who sent the original DMCA Copyright Infringement Notice.
7. Procedure for Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe it has been infringed by an improper posting or distribution on the Site, you can send us a written notice to the addresses provided above. Your notice should include:
(a) A subject line stating: “Intellectual Property Infringement Notice”;
(b) A description of the intellectual property that you claim has been infringed;
(c) A description of where the allegedly infringing material is located, sufficient to allow us to locate it (please include the URL of the Site where the material appears);
(d) Your full name, address, telephone number, and email address;
(e) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law;
(f) A statement, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, that you are authorized to act on behalf of the owner of the intellectual property that is allegedly infringed); and
(g) Your electronic or physical signature.
We will act on such notices at our sole discretion. Any user of the Site who fails to respond satisfactorily to ZQ Beauty regarding any such notice may be subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
8. Notices, Questions, and Customer Service
You agree that: (i) we may notify you of new, revised, or changed terms and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.
If you have any questions about using the Site, you may contact us here. You acknowledge that customer support is provided at ZQ Beauty’s sole discretion and that we have no obligation to provide you with customer support of any kind.
9. Links by You to the Site
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, as long as: (a) the links do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with ZQ Beauty or cause any other confusion; and (c) the links and the content on your website do not portray ZQ Beauty or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to ZQ Beauty. ZQ Beauty reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
10. Linked Websites; Advertisements; Dealings with Third Parties
a) Linked Sites; Advertisements: The Site may contain links, including third-party advertisements, to or from other websites ("Linked Sites") operated by third parties such as advertisers, licensors, licensees, and business partners of ZQ Beauty. ZQ Beauty has no control over the content, operations, policies, terms, or other elements of Linked Sites and does not assume any obligation to review them. ZQ Beauty does not endorse, approve, or sponsor any Linked Sites or any third-party content, advertising, information, materials, products, services, or other items. ZQ Beauty is not responsible for the quality or delivery of the products or services offered or advertised on these sites. Under no circumstances will ZQ Beauty be liable for any direct, indirect, incidental, or special loss or damage arising from the exhibition, distribution, or exploitation of any content contained within Linked Sites. Any activities you engage in with these Linked Sites are subject to their respective privacy policies, terms and conditions of use and/or sale, and rules issued by their operators. ZQ Beauty disclaims all liability in connection therewith.
b) Dealings with Third Parties: Any interactions, correspondence, transactions, and other dealings you have with third parties found on or through the Site (including via Linked Sites or advertisements) are solely between you and the third party. This includes issues related to third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy, and data security. ZQ Beauty disclaims all liability in connection therewith.
11. Wireless & Location-Based Features and Other Telephonic Communications
a) Wireless Features: The Site may offer features and services accessible via your wireless device ("Wireless Features"), such as accessing the Site’s features, uploading content, receiving messages, and downloading applications. Your carrier may charge standard messaging, data, and other fees to participate in Wireless Features, which may appear on your bill or be deducted from your pre-paid balance. Certain Wireless Features may be restricted or prohibited by your carrier or may be incompatible with your device. You should check with your carrier to determine available plans and costs. Contact your carrier with questions regarding these issues.
b) Terms of Wireless Features: By registering for Wireless Features, you agree that ZQ Beauty may send communications to your wireless device about us or other parties. We may also collect information related to your use of these features. If you have registered via the Site for Wireless Features, you agree to promptly update your account information on the Site to reflect any changes to your wireless contact details (including phone number).
c) Location-Based Features: If you enable GPS, geo-location, or other location-based features on any mobile app or feature, your device location may be tracked and shared as per the Privacy Policy. Some mobile apps or features allow you to disable location-based services or manage preferences related to them. To stop device location tracking, you can uninstall the mobile app(s) or feature(s). Location-based services offered through our mobile app(s) or feature(s) are intended for individual use only and should not be relied upon as an emergency locator system, used while driving or operating vehicles, or in any hazardous environments where fail-safe performance is critical. These services are not intended for family finding, fleet tracking, or any business or enterprise use.
d) Call Recording and Monitoring: You acknowledge and agree that telephone calls to or from ZQ Beauty may be monitored and recorded.
e) Providing Telephone Numbers and Other Contact Information: You verify that any contact information provided to ZQ Beauty, including your name, mailing address, email address, and telephone numbers, is accurate. You confirm that you are the current subscriber or owner of any phone number you provide to us. If you change any of your contact information, including phone numbers, you agree to notify us before the change takes effect by emailing hhumblehappenings@gmail.com.
f) Your Consent to Receive Automated Calls/Texts: By voluntarily providing your phone number(s) to ZQ Beauty, you agree to receive prerecorded voice messages, autodialed calls, and text messages from us related to our promotions, products, transactions, and your relationship with ZQ Beauty. These calls and texts may include promotional offers and account updates. You agree to receive such communications even if you cancel your account or terminate your relationship with us, unless you opt-out as provided below. Consent to receive promotional automated calls/texts is not a condition of purchasing any goods or services. These calls or texts may be made even if your number is on any state or federal Do Not Call list. You acknowledge that you may incur charges from your telephone carrier for these communications, and ZQ Beauty is not responsible for these charges.
g) Opt-Out Instructions
You can opt out of receiving automated calls or text messages at any time. To stop receiving text messages, text STOP to any text message you receive from us. For assistance, text HELP. You agree to receive a final text message confirming your opt-out. Note that we may use different short codes for different messaging purposes, so texting STOP to one short code will not stop messages from other short codes to which you are subscribed. To stop messages from multiple short codes, text STOP to each short code individually.
To opt out of automated telephone calls (but not text messages), you must:
1. Provide us with written notice revoking your consent.
2. Include your full name, mailing address, and the specific phone number(s) for which you wish to stop telephonic communications.
3. Send this written notice to:
ZQ Beauty
2697 E Beechwood Ln
Vincennes, IN 47591
Attn: Opt-Out Request
Or send an email to: hhumblehappenings@gmail.com
If you have any questions about opting out, please contact us hhumblehappenings@gmail.com.
Please allow up to thirty (30) days to process your opt-out request. Note that if you opt out of automated calls or texts, we reserve the right to make non-automated calls to you regarding your account, transactions, or your relationship with us. Your obligations under this section will survive the termination of these Terms.
It is possible that a third party or affiliate may have purchased your contact information, and you may continue to receive communications from those third parties. ZQ Beauty is not responsible for stopping all unwanted contact from sources beyond our immediate control. Please contact those third parties directly to inform them of your contact preferences.
h) Indemnification
You agree to indemnify ZQ Beauty for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, related to your voluntary provision of a telephone number that you do not own and/or your failure to notify us of any changes to your contact information, including your telephone number. You agree to indemnify, defend, and hold us harmless from and against any and all such claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees). We reserve the exclusive right to choose counsel, at your expense, to defend any such claims.
12. Dispute Resolution
Certain portions of this Section 12 are considered a “written agreement to arbitrate” under the Federal Arbitration Act. You and ZQ Beauty agree that we intend for this Section 12 to fulfill the “writing” requirement of the Federal Arbitration Act. This Section 12 can only be modified by mutual agreement.
a) First – Attempt to Resolve Disputes and Excluded Disputes. If any dispute or claim arises concerning the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms (collectively, “Dispute”), or to any of ZQ Beauty's actual or alleged intellectual property rights (an “Excluded Dispute,” including actions specified in Section 12(D)), then you and we agree to send written notice to the other party providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution. Our notice to you will be sent based on the most recent contact information you provide. If no such contact information exists or is not current, we have no obligation under this Section 12(a). Your notice to us must be sent to:
ZQ Beauty
2697 E Beechwood Ln
Vincennes, IN 47591
Attn: Legal Department
For sixty (60) days from the date of receipt of notice from the other party, ZQ Beauty and you will attempt to resolve the Dispute or Excluded Dispute through dialogue. However, neither party is obliged to resolve the Dispute or Excluded Dispute on terms with which they are not comfortable, at each party's sole discretion.
b) Binding Arbitration. If a Dispute cannot be resolved as set forth in Section 12(a) (or if arbitration is agreed upon in writing for an Excluded Dispute) within sixty (60) days of receiving notice, then ANY AND ALL DISPUTES BETWEEN YOU AND ZQ BEAUTY MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. THIS INCLUDES DISPUTES ARISING FROM ANY PRODUCT, SERVICE, OR ADVERTISING RELATED TO THE PROVISION OR USE OF THE SITE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT, OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY, OR ANY OTHER LEGAL OR EQUITABLE THEORY – AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS).
The Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes between ZQ Beauty and you regarding these Terms (and any Additional Terms) and the Site, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY WAIVES THEIR RIGHT TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. However, ZQ Beauty and you agree that California state law or federal law shall apply to and govern any and all claims or causes of action, remedies, and damages arising between you and ZQ Beauty regarding these Terms and the Site, without regard to California’s choice of law principles.
Disputes will be resolved solely by binding arbitration according to the current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. If an in-person arbitration hearing is necessary, it will be held in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you reside when the Dispute is submitted to arbitration. You and we will share the administrative and arbitrator’s fees and other costs according to the applicable arbitration rules. However, if applicable rules or laws require ZQ Beauty to pay a greater portion or all of such fees and costs for this Section 12 to be enforceable, then ZQ Beauty may choose to pay the fees and costs and proceed to arbitration.
The arbitrator will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute based on applicable law and facts from the record alone, issuing a reasoned award only in favor of the individual party seeking relief and only to the extent warranted by that party’s individual claim. The court will decide issues regarding the enforceability of arbitration and class action waiver provisions contained herein. This arbitration provision remains valid even after the termination of these Terms or the Site. You can obtain AAA procedures, rules, and fee information at: 800.778.7879 and http://www.adr.org.
c) Time Limit for Filing Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF EITHER PARTY WISHES TO ASSERT A DISPUTE (EXCLUDING EXCLUDED DISPUTES) AGAINST THE OTHER PARTY, IT MUST INITIATE SUCH ACTION (BY DELIVERING WRITTEN NOTICE AS DESCRIBED IN SECTION 12(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OTHERWISE, IT WILL BE PERMANENTLY BARRED. Initiating such action means, as applicable, (a) delivering written notice as described in Section 12(A) above; (b) initiating arbitration proceedings with the AAA as detailed in Section 12(B); or (c) filing a lawsuit in state or federal court. The parties expressly waive any conflicting statutes of limitations or time bars, whether legal or equitable, relating to the Disputes.
d) Injunctive Relief. The provisions of this Section 12 will not apply to any legal action taken by ZQ Beauty to seek injunctive or other equitable relief related to any loss, cost, or damage (or potential loss, cost, or damage) concerning the Site, any Content, your User-Generated Content, ZQ Beauty's intellectual property rights (including disputed rights), ZQ Beauty's operations, and/or ZQ Beauty's products or services.
e) No Class Action Matters. YOU AND ZQ BEAUTY AGREE THAT ALL CLAIMS AGAINST THE OTHER WILL BE BROUGHT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF AN ASSOCIATION. Disputes will be arbitrated solely on an individual basis and will not be consolidated with any other arbitrations or proceedings involving claims or controversies of any other party. There will be no authority for any Dispute to be arbitrated on a class action basis or in any manner involving Disputes brought on behalf of the general public or other similarly situated individuals or entities. However, if a court with competent jurisdiction determines that this restriction is unconscionable or unenforceable, the arbitration agreement in Section 12(B) will not apply, and the Dispute must be brought exclusively in court under Section 12(F). Regardless of any other provision in this Section 12, all matters regarding the scope, interpretation, and enforceability of the class action waiver provisions described in this “No Class Action Matters” section will be decided only by a court with competent jurisdiction, not by the arbitrator. The arbitrator has no authority to modify these class action waiver provisions.
f) Federal and State Courts in Los Angeles County, California. Unless arbitration is mandatory as per the terms above, or for small claims cases, or to enforce any arbitration decision or award, any legal action relating to any Dispute or Excluded Dispute arising under these terms must be filed exclusively in a state or federal court in Los Angeles County, California. Therefore, you and ZQ Beauty consent to the exclusive jurisdiction and venue of such courts for such matters.
g) Small Claims Exclusion from Arbitration Requirement. Despite the above, either party may bring qualifying Dispute claims (excluding Excluded Disputes) in a small claims court with competent jurisdiction.
13) Disclaimer of Representations and Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Consequently, to the maximum extent permitted by law, ZQ Beauty and its subsidiaries, along with all their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively referred to as the “ZQ Beauty Parties”) explicitly disclaim and make no representations, warranties, endorsements, or guarantees, whether express or implied, regarding:
(a) the Site (including its Content and User-Generated Content);
(b) the functionality, features, or any other aspects of, or accessible through, the Site;
(c) any products, services, or guidance offered or linked through the Site;
(d) the security of transmitting your User-Generated Content to ZQ Beauty via the Site;
(e) the absence of harmful components (such as viruses, Trojan horses, or other technologies) on the Site or the servers hosting it;
(f) the accuracy, completeness, correctness, adequacy, usefulness, timeliness, or reliability of the information (including any instructions) on the Site;
(g) the repair or correction of any defects or errors on the Site;
(h) uninterrupted access to the Site;
(i) availability of the Site at any specific time or location; and
(j) the legality of your use of the Site in any jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS BY A ZQ BEAUTY PARTY, ZQ BEAUTY PARTIES FURTHER DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions may restrict or not allow the disclaimer of implied or other warranties, so the above disclaimers may not fully apply where such laws are applicable.
14. Limitations of Our Liability
UNDER NO CIRCUMSTANCES WILL ANY ZQ BEAUTY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages directly or indirectly arising from:
(a) the Site (including its Content and User-Generated Content);
(b) your use of or inability to use the Site, or the performance of the Site;
(c) any actions taken regarding your access to or use of the Site by ZQ Beauty Parties or law enforcement authorities;
(d) any actions taken regarding copyright or other intellectual property rights by ZQ Beauty Parties or other rights owners;
(e) any errors or omissions in the technical operation of the Site; or
(f) any damage to users' computers, hardware, software, modems, or other equipment or technology, including damage from security breaches, viruses, bugs, tampering, fraud, errors, interruptions, defects, delays, computer or network failures, or any other technical or other malfunctions, including losses or damages such as lost profits, goodwill, data, work stoppages, result accuracy, or equipment failure.
The limitations of liability mentioned above will remain applicable even if any of the mentioned events or circumstances were foreseeable, or if ZQ Beauty Parties were informed of or should have been aware of the possibility of such losses or damages, regardless of whether your claim is based on contract, negligence, strict liability, or tort (including negligence, acts of god, telecommunications failure, or destruction of the Site).
Some jurisdictions may not permit the exclusion or limitation of incidental or consequential damages as described above, so the aforementioned limitation or exclusion may not be applicable to you.
EXCEPT AS MAY BE STATED IN ANY ADDITIONAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ZQ BEAUTY PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT YOU HAVE PAID ZQ BEAUTY IN CONNECTION WITH THE TRANSACTION(S) THAT GIVE RISE TO THE CLAIM(S); HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION DEEMS SUCH LIMITATION TO BE UNCONSCIONABLE.
15. Waiver of Injunctive or Other Equitable Relief
IF YOU ASSERT THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THESE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND. THEREFORE, IN CONNECTION WITH YOUR ASSERTION, YOU AGREE THAT YOU WILL NOT PURSUE, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ZQ BEAUTY (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF ZQ BEAUTY.
16. Updates to Terms
These Terms (or any applicable Additional Terms), as posted at the time of your use of the relevant services, shall govern such use (including transactions entered during such use). As our site evolves, the terms and conditions under which we offer the site may be modified prospectively, and we may discontinue offering the site under the terms or additional terms for which they were previously offered. Therefore, each time you sign in to or otherwise use the site, you are entering into a new agreement with us based on the then applicable terms and conditions. You agree that we may notify you of other terms by posting them on the site or in any other reasonable manner of notice, and that your use of the site after such notice constitutes your agreement to the other terms for your new use and transactions. Hence, you should review the posted terms of service and any applicable Additional Terms each time you use the Site. The new terms will be effective for new use and transactions upon posting, or as specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use unless mutually agreed otherwise. If any notice of new, revised, or additional terms is deemed insufficient by a tribunal, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your account, and the email associated with your account for notices, all of which you agree are reasonable methods of providing you notice. You can reject any new, revised, or Additional Terms by discontinuing use of the Site and related services.
17. General Provisions
a) ZQ Beauty's Consent or Approval: As to any provision in these Terms or any Additional Terms that grants ZQ Beauty a right of consent or approval, or permits ZQ Beauty to exercise a right in its "sole discretion," ZQ Beauty may exercise that right at its sole and absolute discretion. No ZQ Beauty consent or approval may be deemed to have been granted without being in writing and signed by an officer of ZQ Beauty.
b) Applicable Law: These Terms and any Additional Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
c) Indemnity: You agree to defend, indemnify, and hold ZQ Beauty Parties harmless from and against any and all claims, damages, losses, costs, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) arising from or related to various aspects of your use of the Site, including but not limited to your User-Generated Content, activities on the Site, breach of these Terms, violation of laws, and misrepresentation. You will cooperate fully with ZQ Beauty Parties in the defense of any such claims. ZQ Beauty Parties retain the exclusive right to settle, compromise, and pay any and all claims. They also reserve the right to assume exclusive defense and control of any claims, with your cooperation required. You will not settle any claims without the prior written consent of an officer of ZQ Beauty.
d) Operation of Site; Availability of Products and Services; International Issues ZQ Beauty administers and operates the Site from its offices located in the United States and makes no representation that the Site is suitable or accessible for use outside the United States. If you access the Site from locations other than the United States, you do so voluntarily and are responsible for complying with local laws regarding online conduct and acceptable content. The descriptions of products and services on the Site may pertain only to the United States (or specific regions within it) and may not be available internationally. We reserve the right to restrict the availability of the Site and/or any content, program, product, service, or feature described on the Site to any individual, entity, geographic area, or jurisdiction at any time and at our sole discretion. Additionally, we may limit the quantities of any content, program, product, service, or feature provided. Both you and we disclaim any applicability of the Convention on Contracts for the International Sale of Goods to these Terms.
e) Export Controls Software provided or accessible through the Site may be subject to United States export controls. No software from the Site may be downloaded, exported, or re-exported: (i) to any country or jurisdiction to which the United States has embargoed goods, software, technology, or services; (ii) to any individual or entity listed on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) to any individual or entity on the U.S. Department of Commerce's Bureau of Industry and Security Entities List. You are responsible for complying with all foreign and domestic trade regulations and laws. Unless authorized by law, you agree not to export or re-export the software to any country, individual, entity, or end-user subject to U.S. export controls.
f)Severability; Interpretation If any provision of these Terms or any Additional Terms is determined to be invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from the remaining provisions, which shall remain valid and enforceable to the fullest extent permitted by law. You agree to waive any statutory or common law that might otherwise construe a contract against the drafter. The term "including" in these Terms or any Additional Terms shall be construed to mean "including, without limitation."
g) Communications By communicating with us electronically, such as via email or text message, you consent to receive electronic communications from us. Please note that we are not obligated to respond to all inquiries. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
h) Investigations; Cooperation with Law Enforcement; Termination; Survival ZQ Beauty reserves the unrestricted right to:
(i) Investigate any suspected breaches of its Site security, information technology, or other systems or networks.
(ii) Investigate any suspected breaches of these Terms and any Additional Terms.
(iii) Investigate any information obtained by ZQ Beauty while reviewing law enforcement databases or complying with criminal laws.
(iv) Involve and cooperate with law enforcement authorities in investigating any of the aforementioned matters.
(v) Prosecute violators of these Terms and any Additional Terms.
(vi) Discontinue the Site, either entirely or partially, or suspend or terminate your access to it, either entirely or partially, at any time and without notice, for any reason, except as expressly stated in any Additional Terms. Any suspension or termination will not affect your obligations to ZQ Beauty under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from ZQ Beauty, all rights granted to you under these Terms or any Additional Terms will immediately cease, and you agree to discontinue use of the Site immediately. Provisions of these Terms and any Additional Terms that should logically survive your suspension or termination will indeed survive, including the rights and licenses granted to ZQ Beauty, as well as indemnities, releases, disclaimers, limitations on liability, and provisions regarding jurisdiction, choice of law, class action, and mandatory arbitration.
i) Assignment ZQ Beauty may assign its rights and obligations under these Terms and any Additional Terms, either wholly or partially, to any party at any time without notice. You may not assign these Terms or any Additional Terms or delegate your duties under them without the prior written consent of an officer of ZQ Beauty.
j) No Waiver Except as expressly set forth in these Terms or any Additional Terms:
(i) No failure or delay by you or ZQ Beauty in exercising any rights, powers, or remedies under these Terms will constitute a waiver of that or any other right, power, or remedy.
(ii) No waiver or modification of any term of these Terms or any Additional Terms will be effective unless it is in writing and signed by the party against whom enforcement of the waiver or modification is sought.
k) U.S. Government Restricted Rights If you are a government end-user, the following provision applies to you. The Service provided under these Terms has been developed entirely at private expense and is considered “commercial items” under relevant government regulations. Any use, modification, reproduction, release, performance, display, disclosure, or distribution of the Service by or for the U.S. Government shall be governed solely by these Terms, except as expressly permitted by these Terms and required by U.S. federal law.
l) California Consumer Rights and Notices Residents of California have specific consumer rights:
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
m) Connectivity You are responsible for acquiring and maintaining all Devices, equipment, software, internet service provider, mobile service, and other services necessary for your access to and use of the Service, and you will be responsible for all associated charges.
.: 100% cotton canvas
.: Heavy fabric (12 oz/yd² (406.9 g/m²))
.: Sewn-in label
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We want you to be 100% satisfied with your purchase. Items can be returned or exchanged within 30 days of delivery.