Terms & Conditions
Thank you for your interest in and use of our website (GIRLZINKTRAINING.com), our products and services, and the content contained therein (the “Website“). TERYN DARLING dba GIRLZINK (“GIRLZINK” “we“, “us“, or “our“) provides the Website to you (“Customer”, “Subscriber” “you” or “your“), subject to the terms contained in this GIRLZINK Terms and Conditions (this “Agreement” or “T&Cs”).
ACCEPTANCE OF AGREEMENT
Via the Website, GIRLZINK provides online training for permanent makeup artists (“Courses”) and operates an online store selling industry-related products including pigments, machines, solutions, merchandise, etc. By accessing or using the Website on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these T&Cs and any other applicable law. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Website.
The Website and all training is intended solely for users who are at least 18 years of age (or the age of majority in your jurisdiction) or older, and any registration, access to or use of the Website by anyone under such age is unauthorized, unlicensed, and in violation of this Agreement. Additionally, through our Website, we may make available, from time to time in our sole discretion, courses on permanent cosmetics, paramedical tattoos, advanced skin care, and marketing (“Courses” and each a “Course”). Our Courses are intended only for users who have had previous hands-on training with the equipment used in a Course. Courses are intended to enhance the knowledge you already have – OUR COURSES DO NOT, AND ARE NOT INTENDED TO, REPLACE HANDS-ON TRAINING.
All procedural classes on the Girlz Ink Academy are not intended to or suggested to replace any hands-on training. The procedural classes offered on the Girlz Ink Academy are intended to be used as re-fresher courses, learning the specific techniques of the trainers featured, and/or to compliment any hands-on training previously taken. It is the responsibility of every individual to determine if he or she has received proper hands-on training.
Any and all information, videos, audio recordings, or other content provided by Girlz Ink (collectively, “Services”) is intended to enhance or supplement prior formal training in permanent makeup application and is not intended to be, nor shall it be used as, a replacement for hands-on training by certified or properly licensed trainers in your jurisdiction. Girlz Ink makes no representations or warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no representations or guarantees that you will obtain specific results from use of the Services.
There are risks inherent in using our Services. For example, if you perform permanent makeup application with no prior hands-on training, you run the risk of injuring your client. By using the Services, you acknowledge and agree that our Services are only complementary to in-person, hands-on training and fully accept all risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
EDITING, DELETING, AND MODIFICATION
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
All intellectual property on the Website is owned by GIRLZINK or its licensors, which includes materials protected by copyright, trademark, trade dress or patent laws. All trademarks, service marks and trade names (e.g., the GIRLZINK name and logos) are owned, registered and/or licensed by GIRLZINK. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of GIRLZINK, its licensors, vendors, agents and/or its Content providers; all rights reserved. Except as authorized under US copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these T&Cs, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website may only be used for the intended purpose for which such Website is being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print, and download documents, audio, and video found on the Website for personal, informational, and noncommercial purposes only.
WEBSITE USE RESTRICTIONS
You may use the Content only for your own non-commercial training, and/or educational use. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, or sell any Intellectual Property or Content appearing on the Website, without GIRLZINK’s prior written consent, unless it is your own Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these T&Cs shall be interpreted as granting any license of intellectual property rights to you.
ACCOUNT REGISTRATION AND TERMINATION; USERNAME/PASSWORD
To access training courses or to purchase products from the GIRLZINK Website, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. You are responsible for any actions that take place while using your GIRLZINK account, and You are entirely responsible for the security and confidentiality of your username and password. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. GIRLZINK is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
You or we may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. You are personally liable for any charges incurred through your account prior to termination. We may also immediately block your access to the Website in the event that (a) you breach these T&Cs; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
You agree to immediately notify us of: any unauthorized use of your account, any service provided through your account, or any password related to your account, and any other breach of security with respect to your account or any service provided through it. You agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your account.
All orders for training videos or products placed through the Website are subject to GIRLZINK’s acceptance. This means that GIRLZINK may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.
For all charges, GIRLZINK will bill your credit card or alternative payment method offered by GIRLZINK through the Website. In the event legal action is necessary to collect on balances due, you agree to reimburse GIRLZINK for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.
Pricing. All prices are listed in United States dollars. Listed prices do not include applicable sales taxes, which will be calculated upon checkout and added to the total cost of your order. Pricing for Courses may change without notification, but such changes will not affect any Courses you have already purchased.
Payment Processing. We, or our third party service providers, may make available to you various payment processing methods to facilitate the purchase of Courses (for example, we use PayPal to process payments through our Service). Please be aware that by making a payment through our Service, you will also be subject to any applicable policies and terms of that third party payment provider. We may add or remove payment processing methods at our sole discretion and without notice to you. You agree to pay for any Courses that you order and that we may charge your credit card or other form of payment that you indicate for any Courses ordered.
Forms of Payment. We accept the forms of payment available through our third party payment provider, such as credit cards, debit cards, and PayPal account balances (please note that our third party payment provider may change the available forms of payment at any time without notice to you). Please be aware that your use of any of these payment methods will also be subject to any applicable terms and conditions and policies of the applicable third party payment provider.
We reserve the right to request additional information from you to verify your payment. We may also add or remove acceptable forms of payment at our sole discretion and without notice to you.
Accuracy of Information You Provide. We rely on the information that you provide through the Website, including name, contact information, and billing information. You agree to provide current, complete and accurate purchase and account information for all purchases made through our Website, and to promptly update such information if it changes. Please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
Orders. Upon completion of your order and successful payment, a legally binding contract is created between us and you, and we will send you a receipt (a “Confirmation Email”) to the email address that you have provided us.
Delivery. The estimated date for delivery of a Course will be set out in the Confirmation E-mail. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the Course(s).
Security. We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the Courses is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.
Refund Policy. OUR COURSES ARE NON-REFUNDABLE.
If you have a problem with your product order, please contact us as soon as possible, and we will assess each case on its own merits.
By enrolling in or downloading a course, you agree to the foregoing terms and explicitly acknowledge that no refunds will be issued for any reason.
Chargebacks. If you falsely, fraudulently, or otherwise dishonestly dispute the payment for a Course you have ordered from us, to the extent the a chargeback is fully or partially issued against us, you agree to indemnify us for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).
THIRD PARTY LINKS
The Website may present advertisements for or links to third party websites, products, and/or services (“Third Party Ads“). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither GIRLZINK nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads. If you decide to access any Third Party Ads, you do so entirely at your own risk.
“User Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, reviews and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the Content is owned by GIRLZINK. User Content does not represent the views of GIRLZINK or any individual associated with GIRLZINK, and we do not control User Content. In no event shall you represent or suggest, directly or indirectly, GIRLZINK’s endorsement of User Content. GIRLZINK does not vouch for the accuracy or credibility of any User Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Website. Through your use of the Website, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Website, you assume all associated risks.
User Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to GIRLZINK a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
You are prohibited from using the Website to post or transmit any User Content which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.
You agree to indemnify, defend, and hold harmless GIRLZINK, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these T&Cs, any law or the rights of any third party.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Website, GIRLZINK may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify GIRLZINK using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.
If you believe that your work has been improperly copied and posted on the Website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give GIRLZINK legally sufficient notice of infringement. Send copyright infringement complaints to:
2940 S. Jones Blvd. Suite C
Las Vegas, NV 89146
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIRLZINK DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SERVICE. THIS LIMITED WARRANTY GIVES YOU GIRLZINKECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
GIRLZINK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION AND USE OF THE SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT COURSES ARE NOT INTENDED TO REPLACE IN-PERSON, HANDS-ON TRAINING ON ANY OF THE EQUIPMENT OR TECHNIQUES USED IN THE COURSES. RELIANCE ON ANY INFORMATION PROVIDED ON OUR THROUGH OUR COURSES OR OTHERWISE ON OUR SERVICE IS SOLELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION, ADVICE OR SERVICES PROVIDED THROUGH OUR COURSES OR OTHERWISE ON OUR SERVICE. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE.
ANY INFORMATION RELATED TO PERMANENT MAKEUP OR RELATED SAFETY PROTOCOLS DEMONSTRATED IN THE SERVICE IS STRICTLY INFORMATIVE AND MAY NOT PROVIDE AN ACCURATE DEPICTION OF THE APPLICABLE CODES, REGULATIONS AND/OR RULES GOVERNING THE SAME IN YOUR JURISDICTION. GIRLZINK SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE WITH REGIRLZINKECT TO SUCH INFORMATION PROVIDED IN THE SERVICE. WE URGE YOU TO CONTACT YOUR LOCAL HEALTH AUTHORITIES TO CONFIRM ALL LICENSING AND SAFETY INFORMATION.
LIMITATION OF LIABILITY
GIRLZINK SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A GIRLZINK EVENT OR ANY USER CONTENT, EVEN IF GIRLZINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST GIRLZINK FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF GIRLZINK IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, GIRLZINK’S LIABILITY SHALL NOT EXCEED USD $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless GIRLZINK and our subsidiaries, affiliates, owners, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these T&Cs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
EXPORT CONTROL AND LEGAL COMPLIANCE
You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties.
GOVERNMENT END USERS
The Website and related documentation may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
GIRLZINK reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. GIRLZINK also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Website. You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other Websites (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Website or on other Websites and/or websites even after your User Content is removed or your account is terminated. These T&Cs remain in effect even after your account is terminated. The T&Cs relating to Intellectual Property, Indemnification, User Content Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination
Questions about the T&Cs should be sent to us at [email protected].