Effective Date: September 22, 2015
Last Updated: September 22, 2015
TERMS OF SERVICE
Mishibox.com (the "Site") is operated by MISHIBOX, LLC. Throughout the site, the terms “we”, “us” and “our” refer to MISHIBOX. MISHIBOX offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Age: You are not authorized to access or use the Site if you are under thirteen (13) years old. Individuals who are under eighteen (18) years old must at all times use the Site only in conjunction with and under the supervision of a parent or a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site subscriber) and will be responsible for any and all use of the Site and MISHIBOX Services by the individual under 18.
Account Transfer Prohibited: You may not transfer or sell your MISHIBOX account or username to any other party. You are fully responsible for all activity on your MISHIBOX account and username.
Linking to our Site: You must agree that whenever you link to the Site from another website, the link must connect to the full version of an HTML formatted page. You are not permitted to link directly to any image hosted on the Site using an “in-line” linking method, which essentially causes the image to be hosted by us, but displayed on another Site. We reserve all rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice sent to you.
Risk of Loss: A third-party carrier will ship any merchandise shipped to you. Title and risk of loss for such merchandise will pass to you upon our delivery to the third-party carrier.
Professional Advice Disclaimer: Any information that we provide to you is for informational purposes only. This includes, but is not limited to, product descriptions and instructions for use. Use of the Site or any of our social media platforms is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
MISHIBOX sends a mix of deluxe-sized Korean beauty samples and full-sized Korean beauty products to end-user customers who purchase monthly subscriptions to receive the products (“Subscription(s)”) only for their own personal, non-commercial use. You may not purchase Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges are personal and non-transferable.
MISHIBOX offers automatically renewing monthly subscriptions (“Monthly Subscriptions”) and prepaid automatically renewing monthly subscriptions (“Gift Subscriptions”).
Monthly Subscriptions: By purchasing a Monthly Subscription, you are acknowledging that your Subscription has an initial and automatically renewing payment and you accept responsibility for all automatically renewing charges before a cancellation. Your Subscription will automatically renew every month at the then-current subscription rate. You may cancel your Monthly Subscription anytime by logging into your account or by emailing us at email@example.com. You may use your Subscription until the end of the then-current subscription term.
Gift Subscriptions: For a Gift Subscription, the Subscription will not be automatically renewed after the then-current term expires. A Gift Subscription is not cancellable and the pre-paid fee is non-refundable. Gift Subscriptions may be extended by purchasing a new Subscription.
No Returns: You may not return any MISHIBOX that has already been shipped. If you have any concerns about your MISHIBOX that you have received, please email us at firstname.lastname@example.org and we will work with you to address your concerns. You can read more about our Refund Policy here.
Giveaways: Occasionally MISHIBOX hosts giveaways (“Giveaways”) for MISHIBOX fans to win Korean beauty products. We will announce our Giveaways on our social media platforms and/or our mailing list where you will also find additional information on how to enter the Giveaways. Your participation in any Giveaway will be subject to and governed by the official rules of the Giveaways listed below.
Rewards: MISHIBOX members ("Members") may earn points redeemable on the Site ("Points") that may be used to purchase full-size products on the Site. Members are automatically enrolled in the MISHIBOX Rewards Program (the "Program") when you create an account on the Site. You can read more about the Program here.
Official Rules for MISHIBOX Giveaways: NO PURCHASE NECESSARY TO ENTER OR WIN THE GIVEAWAY. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
Giveaways are open to permanent, legal residents of the United States who are eighteen (18) years of age or older at the time of entry. Members and employees of the Company and any other entity involved in the development or administration of the Giveaway, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether related or not, are not eligibile to enter or win the Giveaways. All applicable federal, state, and local laws and regulations apply. Void where prohibited.
Odds of winning the Giveaways are based on the number of prizes available and the number of entries received during the specified timeframe. The beginning and end times of the Giveaways will be provided in the Giveaway link.
Winners of our Giveaways are announced on our relevant social media pages and/or our website. Winners are announced within fifteen (15) days of the end of the Giveaway period or otherwise specified. If your name or username appears on our social media pages and/or website as the winner, please contact us at email@example.com within fifteen (15) days to claim your prize. You must provide a valid shipping address for your prize. We will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry. Noncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries. If we cannot reach a potential winner, if he/she is deemed ineligible, if he/she does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, the potential winner(s) will be disqualified and alternate winner(s) may be selected from remaining eligible entries. No prizes are transferable, assignable, or redeemable for cash. If necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of the Company. All Federal, state, and local tax liabilities related to the value of the prize awarded are the responsibility of the prize winner(s).
When we host Giveaways on social media platforms, please note that the Giveaways are in no way sponsored, associated, or endorsed by the social media platform. For example, Giveaways posed on Facebook, Instagram, or Twitter are in no way sponsored, associated, or endorsed by Facebook, Instagram, or Twitter.
Product Manufacturing and Ingredients: We do NOT manufacture any of the beauty products that are sent to you in the monthly MISHIBOX. MISHIBOX items and any products distributed in offers or Giveaways are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts, instructions, and manufacturer directions and warnings before using any product. We provide product instructions and ingredients in English, but are not responsible for any typos or errors in translations. It is your responsibility to review the ingredients to avoid allergic reactions or other side effects that are unique to you. If you want to report a concern regarding any cosmetic product, you can contact the U.S. Food & Drug Administration at http://www.fda.gov/.
SECTION 6 - PROPRIETARY RIGHTS
You acknowledge and agree that the content (other than content submitted by users), text, images, videos, graphics, trademarks, logos, music, and other items available on the Site are the property of MISHIBOX or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Site.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, product ingredients, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Warranty Disclaimer: MISHIBOX AND MISHIBOX’S MEMBERS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND MISHIBOX SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. MISHIBOX AND MISHIBOX’S MEMBERS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM MISHIBOX TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE MISHIBOX ONLINE COMMUNITY, AND ANY MISHIBOX SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT MISHIBOX HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Liability Limit: In no case shall MISHIBOX, our members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. The liability of MISHIBOX and MISHIBOX’s members, employees, and suppliers to you or any third party in any circumstances is limited to the greater of: (1) the total fees, if any, you pay to MISHIBOX in the 12 months prior to the action giving rise to liability; and (2) USD$100. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law
SECTION 15 - INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MISHIBOX AND ITS MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD-PART DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Virginia. The offer and acceptance of this contract is deemed to have occurred in the State of Virginia.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
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