Terms Of Service

 Last Updated: April 12th, 2024

These Terms of Service (“Terms”) apply to your access to and use of our website located at https://www.comfortablebeauty.com/ (the “Website”), , and other online products and services (collectively, the “Services”) provided by Comfortable Beauty.com. (d/b/a 27KingsLLC) (“27KingsLLC” or “we”). By clicking to agree to these Terms or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us at privacy@comfortablebeauty.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

1. Overview of our Services

Comfortablebeauty.com provides an online venue that allows users who comply with 27 Kings LLC’s policies to post quizzes, polls, and giveaways. 27 Kings LLC is not directly involved in the transaction between hosts, quiz takers and unless specifically indicated that the quiz, or polls, or assessments is hosted by 27 Kings LLC. You agree that 27 Kings LLC Services are a venue and as such that 27 Kings LLC is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties via the Services. You use the Services at your own risk.

2. Eligibility

You must be at least 25 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. Notwithstanding the foregoing, you may not use our Services as an Agency unless you have purchased an Agency tier account from us. “Agency” shall mean a business or organization providing services on behalf of another business, person, group, or entity. Further, if 27 Kings LLC determines, in our sole discretion, that you or any such Agency personnel has violated these Terms, your accounts may be terminated without prior notification.

3. User Accounts and Account Security

You may need to register for access some or all of our Services. If you register, you must provide accurate account information and promptly update this information if it changes. You are restricted from sharing your account information or password with anyone else and are responsible for keeping your account password secure and maintaining the security of your account. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission.

4. User Content

1. Our Services      may allow you and other users to create, post, store and share content,      including messages, text, photos, videos, and other materials      (collectively, “User Content”).Except for the license you grant below, you      retain all rights in and to your User Content, as between you and 27 Kings      LLC.
2. You grant 27      Kings LLC a perpetual, irrevocable, nonexclusive, royalty-free, worldwide,      fully paid, and sublicensable license to use, reproduce, modify, adapt,      publish, translate, create derivative works from, distribute, publicly      perform and display your User Content and any name, username or likeness      provided in connection with your User Content in all media formats and      channels now known or later developed without compensation to you. Subject      to your account settings related to User Content sharing, when you post or      otherwise share User Content on or through our Services, you understand      that your User Content and any associated information (such as your      username or profile photo) may be visible to others.
3. You may not      create, post, store or share any User Content that violates these Terms or      for which you do not have all the rights necessary to grant us the license      described above. You represent and warrant that your User Content, and our      use of such content as permitted by these Terms, will not violate any      rights of or cause injury to any person or entity. Although we have no      obligation to screen, edit or monitor User Content, we may delete or      remove User Content at any time and for any reason with or without notice.

5. Prohibited Conduct and Content

1. You will not      violate any applicable law, contract, intellectual property right or other      third-party right or commit a tort, and you are solely responsible for      your conduct while using our Services. You will not:
   • Engage in       any harassing, threatening, intimidating, predatory or stalking conduct;
   • Use or       attempt to use another user’s account without authorization from that       user and 27 Kings LLC;
   • Impersonate       or post on behalf or any person or entity or otherwise misrepresent your       affiliation with a person or entity;
   • Sell,       resell or commercially use our Services without our prior written consent       in each instance. If we consent to such usage, you must visibly credit us       as the Source URL in all instances;
   • Copy,       reproduce, distribute, publicly perform or publicly display all or       portions of our Services, except as expressly permitted by us or our       licensors;
   • Modify our       Services, remove any proprietary rights notices or markings, or otherwise       make any derivative works based upon our Services;
   • Use our       Services other than for their intended purpose and in any manner that       could interfere with, disrupt, negatively affect or inhibit other users       from fully enjoying our Services or that could damage, disable,       overburden or impair the functioning of our Services in any manner;
   • Reverse       engineer any aspect of our Services or do anything that might discover       source code or bypass or circumvent measures employed to prevent or limit       access to any part of our Services;
   • Use any       data mining, robots or similar data gathering or extraction methods       designed to scrape or extract data from our Services;
   • Develop or       use any applications that 27 Kings LLC with our Services without our       prior written consent;
   • Send,       distribute or post spam, unsolicited or bulk commercial electronic       communications, chain letters, or pyramid schemes;
   • Bypass or       ignore instructions contained in our robots.txt file; or
   • Use our       Services for any illegal or unauthorized purpose, or engage in, encourage       or promote any activity that violates these Terms.

1. You may also      post or otherwise share only User Content that is nonconfidential and that      you have all necessary rights to disclose. You may not create, post, store      or share any User Content that:
   • Is       unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,       suggestive, harassing, threatening, invasive of privacy or publicity       rights, abusive, inflammatory or fraudulent;
   • Would       constitute, encourage or provide instructions for a criminal offense,       violate the rights of any party or otherwise create liability or violate       any local, state, national or international law;
   • May       infringe any patent, trademark, trade secret, copyright or other       intellectual or proprietary right of any party;
   • Contains or       depicts any statements, remarks or claims that do not reflect your honest       views and experiences;
   • Impersonates,       or misrepresents your affiliation with, any person or entity;
   • Contains       any unsolicited promotions, political campaigning, advertising or       solicitations;
   • Contains       any private or personal information of a third party without such third       party’s consent;
   • Contains       any viruses, corrupted data or other harmful, disruptive or destructive       files or content; or
   • In our sole       judgment, is objectionable, restricts or inhibits any other person from       using or enjoying our Services, or may expose 27 Kings LLC or others to       any harm or liability of any type.

1. Enforcement      of this Section 5 is solely at 27 Kings LLC’s discretion, and failure to      enforce this section in some instances does not constitute a waiver of our      right to enforce it in other instances. In addition, this Section 5 does      not create any private right of action on the part of any third party or      any reasonable expectation that the Services will not contain any content      that is prohibited by such rules.

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by 27 Kings LLC or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. You may not access the Services for the purpose of creating a product or service competitive with the 27 Kings LLC Services.

7. Trademarks

27 Kings LLC and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of 27 Kings LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about 27 Kings LLC or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in 27 Kings LLC’s sole discretion. You understand that 27 Kings LLC may treat Feedback as nonconfidential.

9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify 27 Kings LLC at:

Legal Department
privacy@comfortablebeauty.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to 27 Kings LLC for certain costs and damages.

10. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or 27 Kings LLC with any Third-Party Content are solely between you and the third party. 27 Kings LLC does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

11. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless 27 Kings LLC and our officers, directors, agents, partners and employees (individually and collectively, the “27 Kings LLC Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify 27 Kings LLC Parties of any third-party Claims, cooperate with 27 Kings LLC Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the 27 Kings LLC Parties will have control of the defense or settlement, at 27 Kings LLC's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and 27 Kings LLC or the other 27 Kings LLC Parties.

12. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, 27 Kings LLC does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While 27 Kings LLC attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

13. Limitation of Liability

1. To the      fullest extent permitted by applicable law, 27 Kings LLC and the other 27      Kings LLC Parties will not be liable to you under any theory of      liability—whether based in contract, tort, negligence, strict liability,      warranty, or otherwise—for any indirect, consequential, exemplary,      incidental, punitive or special damages or lost profits, even if 27 Kings      LLC or the other 27 Kings LLC Parties have been advised of the possibility      of such damages.
2. The total      liability of 27 Kings LLC and the other 27 Kings LLC Parties for any claim      arising out of or relating to these Terms or our Services, regardless of      the form of the action, is limited to the greater of $100 or the amount      paid by you to use our Services.
3. The      limitations set forth in this Section 13 will not limit or exclude      liability for the gross negligence, fraud or intentional misconduct of 27      Kings LLC or the other 27 Kings LLC Parties or for any other matters in      which liability cannot be excluded or limited under applicable law.      Additionally, some jurisdictions do not allow the exclusion or limitation      of incidental or consequential damages, so the above limitations or      exclusions may not apply to you.

14. Release

To the fullest extent permitted by applicable law, you release 27 Kings LLC and the other 27 Kings LLC Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

15. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

16. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with 27 Kings LLC and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

1. No      Representative Actions. You and 27 Kings LLC agree that any dispute      arising out of or related to these Terms or our Services is personal to      you and 27 Kings LLC and that any dispute will be resolved solely through      individual action, and will not be brought as a class arbitration, class      action or any other type of representative proceeding.
2. Arbitration      of Disputes. Except for small claims disputes in which you or 27 Kings LLC      seeks to bring an individual action in small claims court located in the      county of your billing address or disputes in which you or 27 Kings LLC      seeks injunctive or other equitable relief for the alleged infringement or      misappropriation of intellectual property, you and 27 Kings LLC waive your      rights to a jury trial and to have any other dispute arising out of or      related to these Terms or our Services, including claims related to      privacy and data security, (collectively, “Disputes”) resolved in court.      Instead, for any Dispute that you have against 27 Kings LLC you agree to      first contact 27 Kings LLC and attempt to resolve the claim informally by      sending a written notice of your claim (“Notice”) to 27 Kings LLC by email      at privacy@comfortablebeauty.com. The Notice must (a) include your name,      residence address, email address, and telephone number; (b) describe the      nature and basis of the Dispute; and (c) set forth the specific relief      sought. Our notice to you will be similar in form to that described above.      If you and 27 Kings LLC cannot reach an agreement to resolve the Dispute      within thirty (30) days after such Notice is received, then either party      may submit the Dispute to binding arbitration administered by JAMS or,      under the limited circumstances set forth above, in court. All Disputes      submitted to JAMS will be resolved through confidential, binding      arbitration [before one arbitrator]. Arbitration proceedings will be held      in Orange County, California unless you are a consumer, in which case you      may elect to hold the arbitration in your county of residence. For      purposes of this Section 16, a “consumer” means a person using the      Services for personal, family or household purposes. You and 27 Kings LLC      agree that Disputes will be held in accordance with the JAMS Streamlined      Arbitration Rules and Procedures (“JAMS Rules”). The most recent version      of the JAMS Rules are available on the JAMS website and      are hereby incorporated by reference. You either acknowledge and agree      that you have read and understand the JAMS Rules or waive your opportunity      to read the JAMS Rules and waive any claim that the JAMS Rules are unfair      or should not apply for any reason.
3. You and 27      Kings LLC agree that these Terms affect interstate commerce and that the      enforceability of this Section 16 will be substantively and procedurally      governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the      “FAA”), to the maximum extent permitted by applicable law. As limited by      the FAA, these Terms and the JAMS Rules, the arbitrator will have      exclusive authority to make all procedural and substantive decisions      regarding any Dispute and to grant any remedy that would otherwise be      available in court, including the power to determine the question of      arbitrability. The arbitrator may conduct only an individual arbitration      and may not consolidate more than one individual’s claims, preside over      any type of class or representative proceeding or preside over any proceeding      involving more than one individual.
4. The      arbitration will allow for the discovery or exchange of non-privileged      information relevant to the Dispute. The arbitrator, 27 Kings LLC, and you      will maintain the confidentiality of any arbitration proceedings,      judgments and awards, including information gathered, prepared and      presented for purposes of the arbitration or related to the Dispute(s)      therein. The arbitrator will have the authority to make appropriate      rulings to safeguard confidentiality, unless the law provides to the      contrary. The duty of confidentiality does not apply to the extent that      disclosure is necessary to prepare for or conduct the arbitration hearing      on the merits, in connection with a court application for a preliminary      remedy or in connection with a judicial challenge to an arbitration award      or its enforcement, or to the extent that disclosure is otherwise required      by law or judicial decision.
5. You and 27      Kings LLC agree that for any arbitration you initiate, you will pay the      filing fee (up to a maximum of $250 if you are a consumer), and 27 Kings      LLC will pay the remaining JAMS fees and costs. For any arbitration      initiated by 27 Kings LLC, 27 Kings LLC will pay all JAMS fees and costs.      You and 27 Kings LLC agree that the state or federal courts of the State      of California and the United States sitting in Orange County, California      have exclusive jurisdiction over any appeals and the enforcement of an      arbitration award.
6. Any Dispute      must be filed within one year after the relevant claim arose; otherwise,      the Dispute is permanently barred, which means that you and 27 Kings LLC      will not have the right to assert the claim.
7. You have the      right to opt out of binding arbitration within 30 days of the date you      first accepted the terms of this Section 16 by email subject “LEGAL OFFICER”      at privacy@comfortablebeauty.com. In order to be effective, the opt-out      notice must include your full name and address and clearly indicate your      intent to opt out of binding arbitration. By opting out of binding      arbitration, you are agreeing to resolve Disputes in accordance with Section      16.
8. If any      portion of this Section 16 is found to be unenforceable or unlawful for      any reason, (a) the unenforceable or unlawful provision shall be severed      from these Terms; (b) severance of the unenforceable or unlawful provision      shall have no impact whatsoever on the remainder of this Section 16 or the      parties’ ability to compel arbitration of any remaining claims on an      individual basis pursuant to this Section 16; and (c) to the extent that      any claims must therefore proceed on a class, collective, consolidated, or      representative basis, such claims must be litigated in a civil court of      competent jurisdiction and not in arbitration, and the parties agree that      litigation of those claims shall be stayed pending the outcome of any      individual claims in arbitration. Further, if any part of this Section 16      is found to prohibit an individual claim seeking public injunctive relief,      that provision will have no effect to the extent such relief is allowed to      be sought out of arbitration, and the remainder of this Section 16 will be      enforceable.

17. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Orange County, California.

18. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. To terminate or cancel your access, email us at support@comfortablebeauty.com. Removal of your contact details may take 5-7 business days. We are not responsible for any loss or harm related to your inability to access or use our Services. If we discontinue providing all or portions of the Services, we will, where reasonably possible, give you advance notice and a chance to access and move your content and data to another service.

19. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. Miscellaneous

The failure of 27 Kings LLC to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically