This agreement governs the terms and conditions for you (“Applicant”) to apply to the Bridge Mentorship program (“Mentorship Program”) produced by Beauty Independent (“BI”), a wholly owned subsidiary of Indie Beauty Media Group, LLC (“IBMG”), and sponsored by True Beauty Ventures, LLC (“TBV”). 

By clicking the “accept” or “ok” button Applicant expressly acknowledges and agrees that Applicant is entering into a legal agreement and has understood and agreed to comply with, and be legally bound by, the terms and conditions of this End User Terms of Service (“Agreement”). If Applicant does not agree to be bound by this Agreement, please do not apply for the Mentorship Program.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE APPLYING FOR THE MENTORSHIP PROGRAM OR PROVIDING ANY DATA.

1. Ability to Accept

Applicant represents and warrants that Applicant is of legal age and otherwise competent to enter into this Agreement in Applicant’s jurisdiction and, if Applicant is entering into this Agreement on behalf of an entity, that Applicant is authorized to enter into this Agreement on behalf of such entity.

2. Applicant Content

Applicant confirms that the content Applicant uploads, imports, copies, displays, transmits and/or otherwise uses as part of Applicant’s application process, including any data, designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks or any other information (“Applicant Content”) does not infringe upon any third party rights, including any intellectual property and privacy rights.

3. Disclosure. 

IBMG and TBV reserve the right to access, read, preserve and disclose Applicant Content to: 

1. 1. Evaluate Applicant for Mentorship Program
   2. Respond to Applicant questions
   3. Analyze, assess and improve the Mentorship Program
   4. Enforce this Agreement, including investigation of potential violations of it
   5. Satisfy any applicable law, regulation, legal process, subpoena or governmental request
   6. Detect, prevent or otherwise address fraud, security or technical issues
      

4. Prohibited Content.

Applicant agrees that Applicant will not send, display, post, submit, publish or transmit Applicant Content that: 

1. 1. Is unfair or deceptive under the consumer protection laws of any jurisdiction
   2. Impersonates another person
   3. Contains the contact information or any personally identifiable information of any third party unless Applicant has first obtained the express consent of said third party to include their contact information or personally identifiable information
   4. Constitutes an unauthorized commercial communication
   5. Is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Applicant is the owner of such rights
   6. Is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent

5. Intellectual Property Rights

Nothing in this Agreement will directly or indirectly be construed to assign or grant Applicant any right of ownership, title or interest, or any intellectual property rights relating thereto, in the Mentorship Program or any related content.

“Intellectual Property Rights” mean all rights, title and interest in and to the Mentorship Program, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Mentorship Program, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

6. Privacy

IBMG and TBV may use any personal information that IBMG/TBV collects or the Applicant submits in connection with the Mentorship Program in accordance with this Agreement, and Applicant agrees that IBMG/TBV may do so. Use of any private information will be governed by the terms of IBMG’s Privacy Policy found at: https://www.beautyindependent.com/privacy/

7. Warranty Disclaimers

IBMG AND TBV DO NOT WARRANT THAT BY APPLYING FOR THE MENTORSHIP PROGRAM APPLICANT WILL BE ACCEPTED TO THE MENTORSHIP PROGRAM.  APPLICANT AGREES THAT IBMG AND TBV WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO APPLICANT OR ANY THIRD PARTY THAT MAY RESULT FROM APPLICANT’S INABILITY TO SECURE A PLACE IN THE MENTORSHIP PROGRAM.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL IBMG OR TBV BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE APPLICANT’S ACCEPTANCE OR REJECTION INTO THE MENTORSHIP PROGRAM.

IN ANY EVENT, IBMG AND TBV’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM APPLICANT’S ACCEPTANCE OR REJECTION INTO THE MENTORSHIP PROGRAM, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNT OF FEES PAID BY APPLICANT TO IBMG OR TBV.

9. Term and Termination

This Agreement is effective until terminated by IBMG, TBV or Applicant. IBMG and TBV reserve the right, at any time, to: (i) discontinue or modify any aspect of the Mentorship Program; and/or (ii) terminate this Agreement and Applicant’s submission with or without cause, and shall not be liable to Applicant or any third party for any of the foregoing. If Applicant objects to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Mentorship Program in any way, Applicant’s only recourse is to immediately discontinue applying for the Mentorship Program.

Upon termination of this Agreement, sections ‎5 (Intellectual Property Rights), ‎6 (Privacy), 7 (Warranty Disclaimers), ‎8 (Limitation of Liability), ‎12 (Governing Law and Disputes ), and ‎13 (General) shall survive termination of this Agreement.

10. Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by Applicant but may be assigned by IBMG or TBV without restriction or notification.

11. Modification

IBMG and TBV reserve the right to modify this Agreement at any time by sending Applicant a notification and/or publishing the revised Agreement on the Service. Such change will be effective seven (7) days following the foregoing notification thereof, and your continued use of the Service thereafter means that you accept those changes.

12. Governing Law and Disputes

This Agreement shall be governed by and construed in accordance with the laws of New York, NY, USA, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York, NY, USA, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

13. General

This Agreement, and any other legal notices published by us in connection with the Service, shall constitute the entire agreement between you and us concerning the Mentorship Program. In the event of a conflict between this Agreement and any other communication, the terms of this Agreement shall prevail. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. A party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. APPLICANT AGREES THAT ANY CAUSE OF ACTION THAT APPLICANT MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.