Terms & Conditions

Effective as of September 15, 2020

Please read these terms and conditions (“Terms & Conditions”) carefully before using the services of this website, pureculturebeauty.com (the “Site”). BeNome, Inc., d/b/a Pure Culture Beauty (“Pure Culture Beauty,” “we,” “our,” “us”) maintains the Site as a service to its customers, and by using the Site and/or purchasing our products and services, you agree to comply with and be bound by these Terms & Conditions. 

Pure Culture Beauty reserves the right to update, change, or replace these Terms & Conditions at any time and without prior notice. It is your responsibility to check our Site from time to time for updates to these Terms & Conditions. Your continued use of our Site, products, or services following changes to the Terms & Conditions will constitute your acceptance of such changes. If you do not agree to the Terms & Conditions, do not use our Site, services, or products. 

1. Acceptance of Agreement. These Terms & Conditions constitute a binding contract between you and Pure Culture Beauty and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site or our products or services. 
2. General Terms of Use. By accessing the Site, using our services, and/or ordering any products, you agree that you will not use Pure Culture Beauty’s services in a manner that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any third party.
3. Fraud. By creating an account, you confirm that the information provided is true, accurate, current, and complete. Please note that we may cancel your account, at our sole discretion and without notice, if we determine that you have provided false or misleading information, otherwise violated the Terms & Conditions, or committed any other abuse.
4. Copyright. Our Site and its content, features, and functionalities, including, but not limited to, software, text, graphics, data, logos, images, and button icons, as well as our services and products, are protected under applicable U.S. copyright, trademark, patent, and other proprietary rights laws (including, but not limited to, intellectual property). We strictly prohibit the copying, redistribution, use, or republication of any such content or any part of the Site. By using our Site, products, and services, you do not acquire ownership rights to any content, document, or other materials. 
5. Limited Right to Use. The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use. You may not republish, distribute, assign, sublicense, sell, prepare derivative works, or otherwise exploit any part of our Site, services, or products, including by incorporation into any information retrieval system, electronic or mechanical, other than for your own personal use (excluding for resale or redistribution).

6. Protection of Intellectual Property. If you believe that any product purchased on the Site or any content appearing on the Site has been copied in a way that infringes your copyright, please notify us by email at privacy@pureculturebeauty.com or by mail at:

   Pure Culture Beauty
   660 4th Street, #510
   San Francisco, CA 94107

   Your notification must be in writing and include the following information:

   • Your physical or electronic signature;
   • Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
   • The specific location of the allegedly infringing material on the Site;
   • Your contact information (including your name, address, telephone number, email address); and
   • A statement (notarized if possible) by you indicating that: (i) you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (ii) the information in your notice is accurate; and (ii) you are, or are authorized to act on behalf of, the copyright owner.

   Please note that this procedure is exclusively for notifying Pure Culture Beauty that your copyrighted material has been infringed. Upon receipt of your notification and verification of its accuracy, Pure Culture Beauty will remove the infringing materials from the Site and take appropriate remedial actions in accordance with applicable laws.

7. Editing, Deleting, and Modification. We reserve the right, at our sole discretion, to edit or delete any documents, information, or other content appearing on the Site, including these Terms & Conditions, without notice.
8. Use of Information. We have developed a Privacy Policy to inform you of our practices with respect to the collection, use, sharing, and disclosure of your information. You can find the Pure Culture Beauty Privacy Policy here, which is incorporated into these Terms & Conditions. By using the Site, our services, and/or products, you agree to the terms of the Privacy Policy.
9. Payments. You represent and warrant that when making a purchase from Pure Culture Beauty: (i) any credit card, gift card, or store credit information you provide is true, correct, and complete; (ii) your credit card company will honor the charges incurred by you; and (iii) you will pay the charges incurred by you at the posted prices (including any shipping fees and applicable taxes). You may only use gift cards to purchase products or services from Pure Culture Beauty. You may not use gift cards to purchase additional gift cards.
10. Title and Loss. Title and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Please note that all delivery dates are estimates and are not a guarantee that you will receive the product on the specified date. Pure Culture Beauty is not liable for any loss or expenses which you may incur as a result of any delay in your order delivery.
11. No Resale. Unless expressly permitted in writing by an authorized representative of Pure Culture Beauty, you agree to not resell or exploit products purchased on this Site for other commercial purposes.
12. Links to Other Websites. Our Site may contain links to independent third party websites. When you click on a link to another website or location, you will leave our Site, and the third party website may collect personal information from you. We are not responsible for the content or privacy practices of any third party website, application, or feature. Inclusion of any linked website on Pure Culture Beauty’s Site does not imply approval or endorsement of the linked website by Pure Culture Beauty. You should review the privacy policies or notices of any websites you visit. 
13. Submissions. All suggestions, ideas, notes, concepts, content, photos, product reviews, feedback, and other information you may send to Pure Culture Beauty (collectively, “Submissions”) shall be deemed and shall remain Pure Culture Beauty’s sole property and shall not be subject to any obligation of confidence on Pure Culture Beauty’s part. Without limiting the foregoing, Pure Culture Beauty shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
14. Return Policy. If you purchase a product that is defective, we will issue a full refund to your payment method. For more information about returns please see Pure Culture Beauty’s Return Policy. Note, all returns will be subject to restocking, shipping, and handling fees.
15. Verify Address. Pure Culture Beauty reserves the right to contact you via email to verify the accuracy of account information (including your name and address) as necessary to process your transaction or respond to a customer service inquiry.
16. Order Modification/Rejection. Pure Culture Beauty reserves the right to reject or modify any order, whether or not we have confirmed such order and/or charged your payment method. We will notify you of any rejection or changes to your order via the email address you provide at checkout. If you make a payment, and any portion of your order is rejected after we have charged your payment method, Pure Culture Beauty will offer you a refund or store credit in the amount rejected depending on the type of payment method. If you pay with a credit card, Pure Culture Beauty may offer either store credit or a refund to the card. If you pay with a gift card or store credit, Pure Culture Beauty will issue store credit. 

17. Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING OUR SITE, SERVICES, AND PRODUCTS AT YOUR OWN RISK. THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PURE CULTURE BEAUTY, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM, TO THE EXTENT PERMISSIBLE BY LAW, ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. PURE CULTURE BEAUTY, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH OUR SITE OR SERVICES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR OUR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SITE OR THE SERVICES, IN WHOLE OR IN PART, OR IN ANY SPECIFIC GEOGRAPHIC AREA. ACCESS TO THE SITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

    YOU ASSUME ALL RISK ASSOCIATED WITH THE PRODUCTS AND YOU HEREBY RELEASE PURE CULTURE BEAUTY AND ITS REPRESENTATIVES FROM ANY CLAIMS, CAUSES OF ACTION, INJURY, OR OTHER LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS.

18. Skincare Information. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL SKINCARE INFORMATION PROVIDED ON THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AND OTHER MATERIALS PROVIDED BY PURE CULTURE BEAUTY OR BY THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SITE. THE INFORMATION AND STATEMENTS PROVIDED ON OUR SITE AND THROUGH OUR PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IN THE EVENT OF AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

    YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA OUR SITE, PRODUCTS, AND SERVICES, AND YOU SHOULD NEVER USE SUCH INFORMATION/CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PURE CULTURE BEAUTY, ITS AFFILIATES, OR ANY THIRD PARTY.

19. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, PURE CULTURE BEAUTY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR PRODUCTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

    UNDER NO CIRCUMSTANCES WILL PURE CULTURE BEAUTY AND ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE, YOUR DATA, OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS PURE CULTURE BEAUTY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

20. Indemnification. You agree to defend, indemnify, and hold harmless Pure Culture Beauty and its directors, officers, managers, employees, agents, service providers, licensors, and licensees (“Indemnified Parties”) from and against all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, expert witness fees, and costs of litigation made against Pure Culture Beauty by any third party due to or arising out of or in connection with (i) content you submit, post to, or transmit through the Site including reviews, feedback, and photos; (ii) your use of and access to the Site; (iii) your violation of the Terms & Conditions; (iv) your violation of any third-party rights; (v) your violation of any applicable law, rule, or regulation; or (vi) any other party’s access and use of the Site with your unique username or password.

Without limiting the above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands, and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms & Conditions, the Privacy Policy, and/or any use by you of the Site.

1. Notices and Electronic Communications. Except as explicitly stated otherwise, you should send any notices to Pure Culture Beauty by mail to:

   Pure Culture Beauty
   660 4th Street, #510
   San Francisco, CA 94107

   You hereby consent to receive notices and other communications by Pure Culture Beauty posting to the Site, sending you an email at the address provided in your account, or by mailing a notice to you at the billing address provided in your account profile. You agree that all agreements, notices, disclosures, and other communications that Pure Culture Beauty provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. 

2. Notice for California Residents. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us via email at privacy@pureculturebeauty.com or by mail to Pure Culture Beauty, 660 4th Street, #510, San Francisco, CA 94107. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210.

3. Applicable Law and Disputes. These Terms & Conditions and any dispute that may arise between you and Pure Culture Beauty shall be governed by and interpreted in all respects in accordance with the laws of the state of California without regard to choice of law provisions.

   You agree that Pure Culture Beauty, at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to the Terms & Conditions or the Site exclusively to final and binding arbitration taking place in California under the International Rules of Arbitration (“Rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, the laws of the state of California shall govern such proceeding. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. You must commence any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms & Conditions or the Site (including the purchase of Pure Culture Beauty products via pureculturebeauty.com) within one (1) year after the claim or cause of action arises.

4. Waiver and Severability. No waiver by Pure Culture Beauty of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Pure Culture Beauty to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If a court or other tribunal of competent jurisdiction finds any provision of these Terms & Conditions to be invalid, illegal, or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms & Conditions shall continue in effect.
5. Assignment. These Terms & Conditions and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms & Conditions without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
6. Entire Agreement. These Terms & Conditions and the other agreements referred to herein constitute the sole and entire agreement between you and Pure Culture Beauty with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

CONTACT US

If you have any questions about these Terms & Conditions, please email us at privacy@pureculturebeauty.com or call us at 1-856-517-8141.