Terms of Service
Last updated: August 2, 2022
These Terms of Service ("Terms") are a binding legal agreement between you and Mannequin that govern your rights to access and use the websites, mobile application Peruka, and other online products and services (collectively, the "Services") provided by Mannequin Technologies, Inc., which may be referred to herein as "Mannequin", "we", "us", or "our".
Section 13 of these Terms contains provisions governing the resolution of disputes between you and Mannequin. In particular, it contains a binding arbitration clause, jury waiver and class-action waiver that apply to all claims. Please read them carefully.
If you do not agree to these Terms, in whole or in part, including the arbitration clause and class action waiver, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at email@example.com, or at 5425 Grosvenor Blvd, Los Angeles, CA 90066.
1. Who Can Use the Services
You must be at least 13 years old to access or use our Services. If you are under 18 years old, you may only use the Services with the prior consent of your parent or legal guardian who agrees to be bound by these Terms. We may offer additional Services that may require you to be older than 13 years old to access or use them.
If you are accessing or using our Services on behalf of another person or entity, you represent that you are duly authorized to consent to these Terms on behalf of that person or entity, and all references to "you" and "your" in these Terms shall refer to both you and that person or entity.
2. User Account and Account Security
To access or use certain Services, you may need to create an account. You agree to provide us with accurate, complete, and updated information for your account. If you login to the Services through a third-party platform or a social media network, you will be required to use your credentials from such third-party platforms or social media networks. You are responsible for any activity that occurs on your account. It is your responsibility to keep your account secure and promptly notify us if you discover or suspect that your account has been accessed without your permission.
By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to the United States and other countries.
Mannequin (and its licensors) is the owner of the Services, including all proprietary content, information, material, software, images, text, slogans, graphics, illustrations, logos, icons, filters (including user-generated), patents, trademarks, service marks, copyrights, photographs, audio, video, music, and all related intellectual property rights (collectively, "Content"). Except as expressly stated in these Terms, Mannequin (and its licensors) reserve all rights in and to our Services and Content. Mannequin grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services.
This license is for your personal use only. This license does not include any right to use our Services for commercial purposes. You may not use the Services in ways that are not authorized by these Terms.
5. User Content and Feedback
Our Services may allow you to create, post, store, and share content, including photos, videos, text, software, and other material (collectively, "User Content"). Subject to these Terms, you retain all rights in and to your User Content. You are responsible for your User Content. You grant Mannequin a non-exclusive, worldwide, transferable, royalty-free, fully-paid license to use, reproduce, modify, adapt, create derivative works from, distribute, perform, and display your User Content solely to provide you with the Services. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
When you submit your User Content to the Services, you represent and warrant that you own or otherwise have the right to use the User Content and grant the rights and licenses contained in these Terms.
You may not create, post, store, or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy, abusive, or fraudulent;
- constitutes or encourages a criminal offense;
- may infringe any copyright, trademark, patent, or any other intellectual property right of any party;
- impersonates or misrepresents your affiliation with any person or entity;
- contains unsolicited promotions, advertising, or solicitations;
- contains personal information about a third party without that third party's consent;
- is, in our sole discretion, objectionable or restricts or inhibits any other person from using or enjoying our Services, or that may expose Mannequin (or its affiliates) to harm or liability of any kind.
Although we have no obligation to screen, edit, or monitor your User Content, we may delete or remove your User Content or disable your account at any time for any reason.
Mannequin (or our affiliates or third-party partners) may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may not always be identified as such and may appear near, between, over, or in your User Content.
You acknowledge and agree that you will not rely on the Services for the purposes of backup and storage of your User Content. Mannequin will not be liable for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
Any questions, comments, suggestions, ideas, or other feedback you submit about Mannequin or our Services (collectively, "Feedback") are not confidential. You grant Mannequin a non-exclusive, worldwide, irrevocable, perpetual, sublicensable, royalty-free and fully-paid license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services or Mannequin's business.
6. Prohibited Conduct
You may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
- sell, resell, or use our Services or Content for commercial purposes;
- copy, modify, reproduce, distribute, broadcast, publicly perform, publicly display, make derivatives of, or otherwise use the Services or Content, except as expressly permitted by Mannequin (or its licensors);
- use branding, logos, icons, designs and other Content in a way that suggests or implies a partnership, sponsorship, endorsement, or any other affiliation with Mannequin or otherwise exploits or monetizes Mannequin's brand elements;
- violate or infringe Mannequin's (or our affiliates') copyrights, trademarks, patents, or other intellectual property rights;
- modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Content, except as expressly specified in these Terms;
- access or use another user's account without permission from that user and Mannequin;
- use any data mining, robots, crawlers, crapers, or similar data gathering or extraction methods to access the Services or extract other users' information;
- use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
- use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Any use of our Services or Content other than as expressly authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms.
7. Copyright Complaints
We will take reasonable steps to limit access to our Services and terminate the accounts of users who repeatedly infringe the copyrights of others upon prompt notification to us by the copyright owner or the copyright owner's agent. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated Copyright Agent: Mannequin Technologies, Inc., Attn: Copyright Agent, 5425 Grosvenor Blvd, Los Angeles, CA 90066. Your notice must contain the following information:
- physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed;
- description of the material that is claimed to be infringing or the subject of the infringing activity and information reasonably sufficient for us to locate the material;
- your contact information, including address, telephone number, and email address;
- a personal statement that you have a good-faith belief the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
8. Third-Party Materials and Advertising
Some of the Services may display, include, or make available content, data, information, applications, features, or materials from third parties ("Third-Party Materials"), or provide links to certain third-party websites. Your use of Third-Party Materials may be subject to different terms and policies maintained by such third parties. Mannequin (or its affiliates) is not responsible or liable for any aspect of such terms and policies. You acknowledge and agree that Mannequin is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties.
You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you agree that Mannequin may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
9. Additional Terms Applicable to iOS Devices
The following terms apply if you install, access or use our Services on any device that contains the iOS operating system ("App") developed by Apple Inc. ("Apple").
You acknowledge that these Terms are concluded between you and Mannequin, and not with Apple. Mannequin, not Apple, is solely responsible for the App and its Content. You also acknowledge that you have had the opportunity to review the Apple Media Services Terms and Conditions. In the event that these Terms are inconsistent with the Apple Media Services Terms and Conditions, the latter will govern if they are more restrictive.
The license granted to you is a non-transferable license to use the App on on any Apple-branded Products that you own or control and as permitted by the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing, if applicable.
You and Mannequin acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by the applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be our responsibility. Please refer to Section 10 of these Terms to find which warranties are disclaimed
Mannequin, not Apple, is responsible for addressing your claims or any third-party claims relating to the App or you possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the App or your possession and/or use of the App infringes that third party's intellectual property rights, Mannequin, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You agree to comply with applicable third-party terms when using the Services.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
If you have any questions, complaints, or claims with respect to the App, please direct them to Mannequin Technologies, Inc. at firstname.lastname@example.org, or at 5425 Grosvenor Blvd, Los Angeles, CA 90066.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, SUPPLIERS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree, to the maximum extent permitted by law, to indemnify, defend and hold harmless Mannequin, our affiliates, directors, officers, stockholders, employees, licensors, agents, and contractors from and against any and all complaints, demands, charges, claims, damages, liabilities, losses, costs, and expenses (including attorney's fees) due to, arising out of, or relating in any way to: (i) your access to or use of the Services; (b) your User Content or your Feedback; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or wilful misconduct.
13. Arbitration, Class-Action Waiver, Jury Waiver
Please read this Section carefully because it requires users who are U.S. residents to arbitrate certain disputes with Mannequin and limits the manner in which you can seek relief from us.
Applicability of Arbitration Clause. In this Section 13 ("Arbitration Clause"), you and Mannequin agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or your access to or use of the Services (including those claims and disputes that arose between us before the effective date of these Terms) that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Mannequin are not required to arbitrate any disputes in which you or Mannequin seeks equitable relief for the alleged unlawful use of intellectual property.
Arbitration Rules. The Federal Arbitration Law governs the interpretation and enforcement of this Arbitration Clause, and not state law. Arbitration will be conducted by JAMS (https://www.jamsadr.com). Arbitration will be conducted by a single neutral arbitrator. Disputes involving claims, counterclaims, or requests for relief under $250,000 (not including interest or attorney's fees), will be subject to most current JAMS's Streamlined Arbitration Rules and Procedures. All other disputes will be subject to most current JAMS's Comprehensive Arbitration Rules and Procedures. JAMS's Rules are available on their website. If JAMS is not available to arbitrate, you and Mannequin will select an alternative forum. You may choose to have the arbitration conducted virtually, based on written submissions, in person in your hometown area, or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Fees. JAMS sets forth fees for its services, which are available on their website. If Mannequin is the party initiating arbitration against you, Mannequin will pay all administrative costs associated with arbitration, including the entire filing fee. If you are the party initiating arbitration against Mannequin, the only fee you will be required to pay is $250. All remaining administrative fees will be borne by Mannequin.
Authority of the Arbitrator. The arbitrator will have exclusive authority to decide all disputes concerning the arbitrability of a claim (including scope, applicability, enforceability, or validity of this Arbitration Clause), subject to this Arbitration Clause. The arbitrator will decide the rights and liabilities, if any, of you and Mannequin. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Mannequin.
Waiver of Jury Trial. YOU AND MANNEQUIN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO A TRIAL BY JURY IN ANY LITIGATION BETWEEN US, INCLUDING LITIGATION OVER WHETHER TO VACATE OR ENFORCE AN ARBITRAL AWARD.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION CLAUSE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Right to Opt-out. You have the right to opt-out of this Arbitration Clause within 30 days after becoming subject to this Arbitration Clause. To do so, you must notify Mannequin in writing by mailing your notice to 5425 Grosvenor Blvd, Los Angeles, CA 90066, or by emailing the notice to email@example.com. Your notice must include your name and address, your username and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.
13. Governing Law and Venue
These Terms and your access to and use of the Services will be governed by, construed, enforced, and interpreted in accordance with the 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) that would cause the application of laws of any jurisdiction other than those of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
To the extent that these Terms allow you or Mannequin to initiate litigation in a court, you and Mannequin agree that all claims and disputes, arising out of or relating to the Terms or the access to or use of our Services will be litigated exclusively in the United States District Court for the Central District of California, unless it would lack original jurisdiction over the litigation, in which case all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Mannequin consent to the personal jurisdiction of both courts.
14. Electronic Communications
By accessing or using our Services, you consent to receive electronic communications from Mannequin. You agree that any notices or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
15. Termination and Survival
We reserve the right, without notice and in our sole discretion, to terminate, in whole or in part, your right to access or use the Services. After termination, you and Mannequin agree to continue to be bound by Sections 2 and 5 - 19 of the Terms.
These Terms are subject to change by Mannequin in its sole discretion at any time. When changes are made, we will make a new copy of these Terms available on our Services. We will also update the "Last Updated" date at the top of these Terms. If we make any material changes to these Terms, we will notify you in advance in accordance with Section 15 of these Terms. Any changes to these Terms will be effective immediately or within the time period specified in such notice of material changes. We may require you to provide consent to the updated Terms in a specified manner before further access to or use of the Services is permitted. If you do not agree to the updated Terms, you must stop accessing or using the Services; otherwise, your continued access to or use of the Services constitutes your acceptance of the updated Terms. Please check our website regularly to view the then-current Terms.
You may not use, export, import, or transfer all or any portion of the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Mannequin are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Mannequin products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
These Terms constitute the entire agreement between you and Mannequin relating to your access and use of our Services and supersede all prior agreements.
If any term or provision of these Terms, in whole or in part, is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
The headings used in these Terms are for convenience purposes only and do not affect or control the meaning of any provision of these Terms.
You may not transfer any or your rights or obligations under these Terms without our consent. Mannequin reserves the right to transfer our rights under these Terms and provide the Services using another entity, provided that that entity upholds these Terms.
The failure of Mannequin to exercise or enforce any right or provision of these Terms will not operate as a waiver of such rights or provisions.