1. Introduction
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".
2. Your Acceptance of This Agreement
The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference including, without limitation, our Privacy Policy (as defined below), constitute a legal agreement (collectively, this "Agreement") and are entered into by and between you ("you", "your", "User") and TWO PRETTY ("Company" "we" "us", & "our"). This Agreement contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of (the "Website "). Please read the Agreement carefully. BY ACCESSING AND USING THIS WEBSITE, YOU: (A) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;
(B) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
(C) YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
3. Updates to this Agreement or the Website
We may revise this Agreement and the Website and its content at any time without notice and all such
revisions are effective immediately upon posting and apply to all access to and continued use of the
Website. By continuing to use this Website you are agreeing to be bound by the then current version of this
Agreement.
4. Your Responsibilities
You are required to ensure that all persons who access the Website are aware of this Agreement and
comply with it. The Website, including content or areas of the Website, may require user registration. It is a
condition of your use of the Website that all the information you provide on the Website is correct, current,
and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of
our security procedures, must be treated as confidential, and you must not disclose it to any other person
or entity. You agree to notify us immediately of any unauthorized access to or use of your username or
password or any other breach of security. You also agree to ensure that you logout from your account at
the end of each session. You are responsible for any password misuse or any unauthorized access.
5. Prohibited Activities
You are prohibited from attempting to circumvent and from violating the security of this Website, including,
without limitation:
(a) accessing content and data that is not intended for you.
(b) attempting to breach or breaching the security and/or authentication measures which are not
authorized.
(c) restricting, disrupting or disabling service to users, hosts, servers, or networks.
(d) illicitly reproducing TCP/IP packet headers.
(e) disrupting network services and otherwise disrupting our ability to monitor the Website.
(f) using any robot, spider, or other automatic device, process, or means to access the Website for
any purpose, including monitoring or copying any of the material on the Website.
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding,
mailbombing, or crashing; and
(i) otherwise attempting to interfere with the proper working of the Website.
6. Ownership of the Website and Content
You understand and agree that the Website and any and all of its entire contents (including without
limitation all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data,
and other elements available on or through the Website, and the design, structure, selection, arrangement,
and look and feel of those items, and the Website as a whole), features, and functionality are owned by us,
our licensors, or other providers of such material and are protected in all forms by intellectual property laws
including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Your use of the Website does not transfer to you any right, title or interest in, to or associated with the
Website or its content.
7. Your Limited Rights to Access and Use the Website
The viewing or downloading of any content, grants you only a limited, non-exclusive, revocable, non-
transferable licence for use solely by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale or redistribution).
8. Our Rights
We have the right, without provision of notice to:
(A) take appropriate legal action, including, without limitation, referral to or cooperation with law
enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized
use of the Website.
(B) terminate or suspend your access to all or part of the Website for any or no reason, including,
without limitation, any violation of this Agreement.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER,
INTERNET, AND DATA SECURITY.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS,
LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM
ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY,
INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
9. Third-Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content.
We make no representations about any other websites or third-party content that may be accessed from
this Website. If you choose to access any such sites, you do so at your own risk. We have no control over
the third-party content or any such third-party sites and accept no responsibility for such sites or for any
loss or damage that may arise from your use of them. You are subject to any terms and conditions of such
third-party sites.
10. Disclaimers, Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS,
DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS.
AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS,
INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE
NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR
THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE
COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,
CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS.
NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED.
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE
PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, GOODS, DIGITAL PRODUCTS,
SERVICES, INFORMATION, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES,
NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF COMPANY
WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents,
service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’
fees) arising out of or relating to your breach of this Agreement or your use of the Website including, but
not limited to, third-party sites and content, any use of the Website's content and services other than as
expressly authorized in this Agreement.
11. Privacy Policy
Your provision of personal information through the Website is governed by our privacy policy located at
www.twopretty.com (the “Privacy Policy").
12. Governing Law
The Website and this Agreement will be governed by and construed in accordance with the laws of
California and any applicable federal laws applicable therein, without giving effect to any choice or conflict
of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any
action or proceeding arising out of or relating to this Website and/or under this Agreement will be
instituted in the courts of California, and each party irrevocably submits to the exclusive jurisdiction of such
courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over
you by such courts and to the venue of such courts.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will
not govern this Agreement or the rights and obligations of the parties under this Agreement.
13. Other Matters
The headings in this Agreement are for reference only and shall not affect the interpretation of this
Agreement.
This Agreement constitutes the entire agreement between you and Company with respect to your access
and use of the Website, its content and supersedes all prior and contemporaneous agreements between
you and Company.
Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full force and effect.
We may provide any notice to you under this Agreement by: (i) sending a message to the email
address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by
email will be effective when we send the email and notices we provide by posting will be effective
upon posting. It is your responsibility to keep your email address current.
To give us notice under these Agreement, you must contact us as follows: (I) by personal delivery,
overnight courier or registered or certified mail to Two Pretty,
Memphis, TN. We may update the address for notices to us by posting a notice on this
Website. Notices provided by personal delivery will be effective immediately once personally received
by an authorized representative of Company. Notices provided by overnight courier or registered or
certified mail will be effective once received and where confirmation has been provided to evidence
the receipt of the notice.
This website is operated by TWO PRETTY
Should you become aware of misuse of the website including libelous or defamatory conduct, you mu:
report it to the Company. All reports of misuse and other feedback, comments, requests for technical
support, and other communications relating to the Website should be directed to Your email.
Copyright © 2024 TWO PRETTY - All Rights Reserved.
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