NOTICE: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE WEBSITE, THESE TERMS OF USE OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE.  YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY.

Welcome to Esthetic Underground, Inc., DBA  Biba Los Angeles,  Biba de Sousa Los Angeles These Terms of Use are between you and Biba de Sousa Los Angeles  and its corporate affiliates ("We," "us,"  "our," or the "Company") for the use of the Biba de Sousa Los Angeles (the " Website") and any current or future features, tools or services offered through the Website, or any apps associated with the Website. The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users of the Website. The Company will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (" Terms of Use" or "Agreement"). If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. 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.

Your Content

Our Website may allow you to post, share or make available certain comments, content or other materials onto the Website (e.g., through product reviews or community sections of the Website). In addition, we may use functionality provided by third parties, including social media networks (e.g., Instagram), which will allow us to re-post on our Website posts you have made through social networks, through the use of a specific hashtag or other tag we have identified for use with this feature. By submitting comments, content or other materials ("Your Content") in any manner, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sub licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Website. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Website (at which point such license will terminate within a commercially reasonable time after your request). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.

Keep in mind that any of Your Content that you post or make available to us directly or through a social network may be made public on the Website and can be copied by third parties. This includes your photo or any personal information you may include in Your Content. Therefore, if you don’t want Your Content made public, do not submit it to us or utilize the applicable hashtag or other identifier on your social network account.

By submitting Your Content as described herein, you agree to abide by the restrictions in the Prohibited Uses section below. Please note that our treatment of any personal information included in Your Content will be governed by our Privacy Policy.

Ownership of Our Content

All content on the Website other than Your Content (as defined below), including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the "Company Content"), is the proprietary property of the Company, or its endorsers or partners (collectively, " Company Partners"). All rights reserved. None of the Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish the Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company or a Company Partner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.

License To Use Website

You may use the Website, and the Company Content thereon, solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. You acquire no rights or licenses in or to the Website or Company Content other than the limited right to utilize the Website in accordance with these Terms of Use.

User Eligibility

You acknowledge that you are 13 years of age or older. Children under the age of 13 are not allowed to purchase any products through our Website.

Privacy

Any and all information that we obtain from you on the Website (including if you register for an account), or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: https://www.bibalosangeles.com/pages/privacy-policy

 

ACCOUNT

When you register for an account on the Website, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and other account information. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. Without limiting the foregoing, you are solely responsible for any and all use of your account. Your username and password are not transferable.

Products/Orders

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 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 are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

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 or based on your country of origin. 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.

Products/Pricing/Taxes

We have made every effort to display our products and the features, specifications and colors thereof as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and we cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued. We are not responsible for typographical errors regarding description, price or any other matter.

All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through the Website at any time at our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will make reasonable attempts to notify you and shall issue a credit to your credit card account in the amount of the incorrect price.

To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the tax laws applicable to the location to which the order is being shipped or delivered. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.

Payment

You must pay in full by debit or credit card in advance when you submit an order through our Website. Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by company.  If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.

Subscription Process, Renewal and Cancellation

 If you are placing an order online as part of our subscription program, your participation will remain in effect until it is cancelled. We may, in our sole discretion, terminate your participation in the program at any time without notice to you. If you subscribe to our automatic renewal program and you have provided us with a valid credit card or debit card number or an alternate payment method, each payment will be automatically processed at the time of each successive shipment of product and will be billed to the payment method you provided to us at the time of your initial purchase and enrollment. If you wish to cancel your participation in our automatic renewal program, you may do so at any time by clicking "unsubscribe" button in your Recharge app account, or get help with the process by emailing us at hello@bibalosangeles.com

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by emailing a customer service representative at hello@bibalosangeles.com or updating your information under "My Account" page on our Website.

Cancellations and Refunds

If you’re not 100% satisfied with your order, please e-mail us at  hello@bibalosangeles.com so we can find a solution that meets your skin care needs.

We want you to love your purchased items, but understand that occasionally products do not work out. 

• All return requests must be within 10 days from the delivery date. 
• All returns are evaluated on an individual basis. Requests need to be emailed to hello@bibalosangeles.com.  
• All refunds are for store credit only.   
• Returned items must be new and unused and original outer packaging intact.
• We must receive your returned items at our processing facility within 30 days of delivery. Your return may expire if we have not received your item within 30 days.
• We monitor the number of returns made by customers, and repeated returns will be flagged and may, at our discretion, be denied if deemed suspicious. 
• Outbound shipping fees from the original order are not refundable.
• Only if the return is a result of our error or defective product, we will refund the full cost of the merchandise and shipping charges.
• Returned items deemed unsellable, damaged, or altered in any way may not be accepted and may be returned to the customer. Biba de Sousa Los Angeles  reserves the right to reject the return of goods that are not returned under our policy. 
•  All international sales are final; no international returns or exchanges 

Final Sale

Items purchased with a promo code (excluding the sign-up code).  All items purchased during sales (eg.  Black Friday, Cyber Monday) and discounted items are final sale.  Orders that have been previously placed cannot be price matched during sale periods.

International Orders

All sales are final; no international returns or exchanges

 

Order Cancellation

Orders cannot be cancelled once Esthetic Underground, Inc/Biba Los Angeles has begun processing the order. In order to promptly deliver our product, the processing of an order commences almost immediately once you have submitted your order. We are unable to accommodate requests to change or cancel an order after one hour have passed since the order was placed, or if cancellation request is submitted after hours or during the weekend. Any changes to or cancellation of an order can only be made with our prior written approval. Additional charges may apply. Any agreement by us to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Esthetic Underground, Inc/Biba Los Angeles to that point, and you agree that such amounts may be deducted from any payments previously made to Esthetic Underground, Inc/Biba Los Angeles. Accordingly, we encourage you to carefully check your order before submitting it.

Delivery

 Delivery will be deemed to have taken place at the time Esthetic Underground, Inc/Biba Los Angeles places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Esthetic Underground, Inc/Biba Los Angeles not responsible for lost, stolen or damaged goods once an order leaves our possession. If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries

Stolen Packages

Esthetic Underground, Inc/Biba Los Angeles is not responsible for reimbursement if the package was successfully delivered to the correct address.  The responsibility for securing the delivery location is on the purchaser's part. Tracking number provides a timeline and delivery dates that are trackable, which provides purchasers with the opportunity to ensure successful package

Termination

We may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of this Agreement, we may delete and/or store, in its discretion, data associated with your use of the Website. We may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any feature, database, or content.

Promotions

The Website may periodically contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Social Media Agreement

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on our website, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #BibadeSousa #BibadeSousaSkincare or any other Biba de Sousa promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Esthetic Underground, Inc/Biba Los Angeles a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Esthetic Underground, Inc/Biba Los Angeles will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Esthetic Underground, Inc/Biba Los Angeles shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Esthetic Underground, Inc/Biba Los Angeles retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

User Content

By submitting or posting user content on our Website, on your social media accounts or through any tools or applications we provide for posting or sharing your user content with us, you represent and warrant that: (i) you own or control any and all rights in and to the user content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the user content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the user content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the user content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Esthetic Underground, Inc/Biba Los Angeles , you will furnish Esthetic Underground, Inc/Biba Los Angeles  any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the user content and you hereby agree to indemnify and hold Esthetic Underground, Inc/Biba Los Angeles and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Esthetic Underground, Inc/Biba Los Angeles does not guarantee the truthfulness, accuracy or reliability of any user content or endorse any opinions expressed by you or anyone else. By submitting or posting the user content you fully and unconditionally release and forever discharge Esthetic Underground, Inc/Biba Los Angeles and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by Esthetic Underground, Inc/Biba Los Angeles  or you of the user content including, without limitation, any and all claims that use of the user content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Esthetic Underground, Inc/Biba Los Angeles has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any user content. Esthetic Underground, Inc/Biba Los Angeles  acts as a passive conduit for user content and has no obligation to screen or monitor user content. If Esthetic Underground, Inc/Biba Los Angeles  becomes aware of any user content that allegedly may not conform to these Terms, Esthetic Underground, Inc/Biba Los Angeles  may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms.Esthetic Underground, Inc/Biba Los Angeles  has no liability or responsibility to users for performance or nonperformance of such activities.

Without limiting the foregoing in any way, Esthetic Underground, Inc/Biba Los Angeles  has the absolute right to remove and/or delete without notice any user content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against Esthetic Underground, Inc/Biba Los Angeles  for such removal and/or deletion. Esthetic Underground, Inc/Biba Los Angeles  is not responsible for failure to store posted content or other materials you transmit through the website. You should take measures to preserve copies of any data, material, content or information you post to the website or any other sites or platforms.

 

Communications On Internet; Events Beyond Our Control

Use of the Website and the products sold thereon is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Website or the products sold thereon. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

While the Company has endeavored to create a secure and reliable Website, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company is not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.

Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION APPEARING ON THE WEBSITE IS PROVIDED "AS IS, AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL COMPANY, ANY COMPANY PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF ANY COMPANY OR COMPANY PARTNER PROMOTION, YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, OR YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE. IN NO EVENT SHALL COMPANY’S OR ANY COMPANY PARTNER’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

The terms of this section shall survive any termination of the Terms of Use.

Links To Other Websites And Information About Other Products And Services

Links found on this Website may let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website 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 Website 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 Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

Copyright Policy

If you believe that any content, including any user submissions, or other materials, posted on the Website constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: hello@bibalosangeles.com.

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement and counter-notices should be delivered via email to hello@bibalosangeles.com or by mail addressed to BIBA LOS ANGELES  7162 Beverly Blvd, suite 510, Los Angeles, CA 90036 USA. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances.

Indemnity

You agree to indemnify and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.

Governing Law/Dispute Resolution/Arbitration

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

By using the Site, you agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by the Company, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court with appropriate jurisdiction, including equitable relief or other provisional relief as appropriate, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of Los Angeles, California. Notwithstanding anything else in these Terms of Use or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. Notwithstanding anything else in these Terms of Use or the JAMS rules, it is agreed that the arbitrator is specifically denied the authority to consider or certify any Class Action under these Terms of Use. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith and each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, Los Angeles County. For purposes of these Terms of Use, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Location

We make no representations or warranties that the Website is appropriate or available for use in your country of origin. Visitors who choose to access the Website do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Modifications to this Agreement

The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. When we post amended terms, we will include the date such amended terms were posted in the last line of these Terms of Use. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.

Entire Agreement

This Agreement, our Privacy Policy, and all other policies posted on the Website (e.g., Shipping and Returns policies) contain the entire agreement between you and the Company with respect to this Website and your purchases through the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Assignment

The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Miscellaneous

For any questions or comments, or to report violations of this agreement, contact the Company at: hello@bibalosangeles.com with "Terms of Use Agreement" in the subject line of your email.

These Terms of Use are effective as of July 2021 and were modified in January 2022.