Terms & Conditions

MOYANI TERMS & CONDITIONS

Welcome to Family Moyani.net and our affiliated sites (collectively, the “Site”).

 

Moyani Family Difference LLC. (“MOYANI” “we”, “us” or “our”) provides the content and services available on the Site to you subject to the following Terms and Conditions, our Privacy Policy and other terms, policies and guidelines which you may find throughout the Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these Site Terms (collectively, the “Site Terms”).

 

PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE.

 

Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

 

Children

You may not use this Site if you are under the age of 13.  Our Site is a general audience site that is not designed nor intended for children under the age of 13, and we do not knowingly collect any personal information from anyone under age 13.

 

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

 

Products and Services for Personal Use

The products and services available on the Site, and any samples that we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Site Terms.

 

Intellectual Property

 

All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Site Content”) is the property of TULA, its affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

 

Limited License

Subject to the terms, conditions and restrictions set forth in these Site Terms, we grant you a limited, non-exclusive, non-sublicensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content for you own personal use (the “License”). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site Content; (iii) you may not use any data mining, robots or similar data gathering or extraction methods or take any action that may impose an unreasonable burden or load on our infrastructure; (iv) you may not use the Site or the Site Content other than for its intended purpose; and (v) you may not reproduce, modify, prepare derivative works from, distribute or display the Site or any Site Content (other than for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of MOYANI is strictly prohibited and will terminate the License without prejudice to any other remedy provided by applicable law or these Site Terms.

 

Your unauthorized use of the Site or Site Content may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of MOYANI or any third party.  You expressly agree to indemnify, defend and hold harmless MOYANI against any liability to any person arising out of your use of the Site or Site Content or breach of the Site Terms.

 

Hyperlinks

You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the home page of the Site for non-commercial purposes, provided that (i) such link does not portray MOYANI or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, (ii) the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, or associates us with undesirable products, services or opinions, (iii) such link or the linking site do not imply that we are endorsing that site or its services or products, (iv) such link does not misrepresent its relationship with us. You may not use a MOYANI logo or other proprietary graphic of MOYANI to link to the Site without the express written permission of TULA. Further, you may not use, frame or utilize framing techniques to enclose any MOYANI trademark, logo or other proprietary information, including the images found at the Site, the content of any text, or the layout or design of any page or form contained on a page on the Site without MOYANI’S express written permission.  The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content, at your own risk. MOYANI does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

Your Account

You may choose to register at our Site if you are 13 years of age or older.  We reserve the right to limit participation in certain portions of the Site, particular programs or promotions to visitors 18 years of age or older. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep it accurate, current and complete; and (d) accept all risks of and responsibility for unauthorized access to the Registration Data and any other information you provide to us. We reserve the right to refuse service and/or terminate accounts without prior notice if these Site Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

User Content

When you provide, transmit, upload, post, e-mail or otherwise make available text, graphics, images, audio, video, or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. You expressly agree not to provide, post, upload, distribute, store, create, submit or transmit to, though, or otherwise publish through the Site any User Content that: (a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, a violation of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any applicable rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or NASDAQ; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) is unsolicited promotions, political campaigning, advertising or solicitations, or any form of “spam”; (f) is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and the like; (g) is or contains viruses, corrupted data or other harmful, disruptive or destructive files; (h) is unrelated to the topic of the Site; or (i) is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose MOYANI or its affiliates or its users to any harm or liability of any type.

 

MOYANI takes no responsibility and will not be liable for User Content and any other content provided by third parties, or for any loss or damage thereto.  MOYANI is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter at the Site. MOYANI is not liable for any statements, representations or User Content and does not guarantee the accuracy, integrity or quality of User Content. MOYANI reserves the right to remove, without notice, any User Content posted or stored on the Site if it violates these Site Terms or is otherwise unlawful or illegal.

 

Any violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Site.

 

Rights to User Content

By providing, posting or distributing User Content, unless we indicate otherwise, you (a) grant MOYANI and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; (b) grant MOYANI and its affiliates and sublicensees the right to use the name that you submit in connection with your User Content, if they choose to do so; and (c) represent and warrant that (i) you own and control all of the rights to your User Content, or you otherwise have the lawful right to post, upload, distribute, store, create, submit or transmit to, though, or otherwise publish User Content on the Site; (ii) your User Content is accurate and not misleading; and (iii) posting, uploading, distributing, storing, creating, submitting or transmitting your User Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant MOYANI the right to pursue at law or in equity any person or entity that violates your or MOYANI’S rights in User Content by a breach of these Site Terms.

 

Your User Content and all content submitted by users will be considered and treated as non-confidential and non-proprietary and MOYANI is under no obligation to treat your User Content and any other user content as proprietary information. MOYANI reserves the right to use User Content as it deems appropriate in its sole and absolute discretion, including for developing, manufacturing and marketing our products and services. MOYANI is under no obligation to offer you any payment for your User Content that you submit or the opportunity to edit, delete or otherwise modify your User Content once it has been submitted to us. MOYANI will have no duty to attribute authorship of your User Content to you.   If it is determined by a court of competent jurisdiction that you retain moral rights (including rights of attribution or integrity) in your User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with your User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your User Content by MOYANI or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your User Content; and (d) you forever release TULA, and its licensees, successors and assigns, from any claims that you could otherwise assert against MOYANI by virtue of any such moral rights.

 

Copyright Complaints

We respect the intellectual property of others. If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another website that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:

 

Moyani Family LLC.

4445 Corporation Lane Suite 264,

Virginia Beach, VA 23462

Email: thefamily@Moyani.net

 

Any notification must include the following information:

 

Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed

Identification of the material that you claim is infringing and where it is located on the Site.

Your street or mailing address, telephone number and email address.

A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner’s behalf.

Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner’s behalf.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records. We may also publicly post any claim of copyright infringement.

 

Repeat Infringer Policy

 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, MOYANI has adopted a policy of terminating, in appropriate circumstances and at MOYANI’S sole discretion, users who are deemed to be repeat infringers. MOYANI may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Warranty Disclaimer

 

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TULA, THE SITE, THE SITE CONTENT, USER CONTENT, THE MATERIALS CONTAINED THEREIN, THE PRODUCTS AND THE SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOYANI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PRODUCTS, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE. MOYANI DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, USER CONTENT, MATERIALS IN THE SITE, THE PRODUCTS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT, USER CONTENT OR ANY PORTION THEREOF.

 

MOYANI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO SITE CONTENT, PRICING, TEXT OR PHOTOGRAPHY. WHILE MOYANI ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, THE SITE CONTENT, THE PRODUCTS AND THE SERVICES SAFE, MOYANI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

 

LIMITATION OF LIABILITY

 

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST TULA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE SITE CONTENT, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT MOYANI HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

 

WITHOUT LIMITATION OF THE FOREGOING, NEITHER MOYANI NOR ANY PARTIES PROVIDING SITE CONTENT WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS, THE SERVICES, THE SITE CONTENT, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM MOYANI OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOYANI’S RECORDS, PROGRAMS OR SERVICES.

 

IN NO EVENT WILL THE AGGREGATE LIABILITY OF TULA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS OR ANY COMPENSATION YOU PAY, IF ANY, TO MOYANI FOR ACCESS TO OR USE OF THE SITE.

 

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE SITE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

 

Disputes

 

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Site Terms shall be governed by the laws of New York, without regard to its conflicts of law principles, as if the Site Terms were a contract wholly entered into and wholly performed within New York.  You agree that all claims you may have against MOYANI arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Norfolk, Virginia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Norfolk, Virginia, you will be responsible for compliance with all local laws of such other jurisdiction.

 

Termination/Modification of License and Site Offerings

 

Notwithstanding any provision of these Site Terms, MOYANI reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content, products or services; (c) change, suspend or discontinue any aspect of the Site, Site Content, products or services; and (d) impose limits on the Site, Site Content, products or services.

 

No Spam. You must comply with all up to date “spam” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from MOYANI’S Refer-a-Friend program.

 

Right to Close Accounts. MOYANI reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the MOYANI Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

 

Right to Cancel Program or Change Terms. MOYANI reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

 

Auto-delivery Subscription

MOYANI Hair & Skincare provides an auto-delivery subscription service. By subscribing to our service, you have confirmed that you accept our Terms of Service. Your membership will automatically renew on a recurring basis at which time your credit card will be charged automatically, without further authorization from you, for the auto-delivery/subscription products, including applicable handling fees until you cancel your subscription. You may cancel your subscription at any time by logging in to your account. You can pause or delay your order, trouble-free and without worrying about any fees. Any changes must be made before your next ship date. All auto-delivery orders, including first and all recurring orders, are subject to typical processing times. Promotional codes cannot be used on auto-delivery orders.

 

General

You acknowledge and agree that these Site Terms constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. MOYANI reserve the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, do not use this site.

 

Nothing contained in these Site Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.  If any provision of these Site Terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.   If you have any questions regarding these Site Terms, please email us at contactus@Moyani.net .

 

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