YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Certain aspects of Service may be limited to those that have been diagnosed with, or have survived, cancer. If the Site or Service is limited in such a manner, You agree to fully comply with such limitations.
2. RELATIONSHIP BETWEEN YOU AND COMPANY. Company is not an owner or operator of salons or any other place of business for providing stylist services. Company’s role is solely to facilitate the availability of the Site and Service, which constitute a technology platform that enables You to connect with other users and third-party providers of salon and stylist services. Company does not process or control the exchange of money between You and any other user or any business. Unless otherwise agreed by Company in a separate written agreement with You, the Site and Service are made available solely for personal, non-commercial use by You.
If You use the Site or Service for any purpose, you understand and agree that COMPANY DOES NOT CONTROL AND IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND ANY OTHER PERSON(S) OR ANY OTHER USER(S) OF THE SITE OR SERVICE, EVEN IF YOU USE THE SITE OR SERVICE TO ENTER INTO SUCH AGREEMENT.
You understand and agree that no special relationship exists between You and Company that would create a duty for Company to control or protect You or any other user of the Site or Service.
You understand that you are solely responsible for your interactions with other users of the Site or Service, or any third party that you identify through the Site or Service. You understand that Company does not conduct criminal background checks or screenings on its users, inquire into the backgrounds of its users, or attempt to verify the statements of its users. Company makes no representations or warranties as to the conduct of users.
You may be required to open an account to use or access the Site or Service (“Account”). You covenant, represent and warrant that:
a. All required Account registration information You submit is truthful and accurate; and
b. You will maintain the accuracy of such information.
You may also be asked to provide a user name and password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that You incur as a result of someone else using your password, either with or without your knowledge. You agree to indemnify Company for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Information on your Account will include information and content You provide and/or upload as well as information Company collects from your account with social networking sites (each an “SNS”). Company reserves the right in its sole discretion to remove such information at any time for any reason. You agree that Company will not be liable to You or to any third party for such removal.
4. USE OF SOFTWARE. Company may make certain software available to you through the Site owned by Company or Company’s licensors. In connection with your use of the Site and Services, Company provides to You a non-exclusive license to use Company’s software, all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) in connection with your use of the Site and Services. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
“BeYOUtiful Foundation” and all other service marks, trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. Any use of such marks without the express written permission of Company is strictly prohibited. Company solely provides to You a non-exclusive, nontransferable limited license to display the BeYOUtiful Foundation trademark and logo solely for the purpose of advertising your use of the Site and Service and/or to display a hypertext link to the home page of Company (http://www.beyoutifulfoundation.com, or as such URL may be modified from time to time) on a website owned or operated by You. You may not modify, edit, or alter the Company trademark or logo in any manner. Company reserves the right to terminate this license and/or disable links from third party sites to the Site at any time in its sole discretion.
5. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you:
a. Grant Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content;
b. Grant Company the right to use Your name, image, likeness, and voice in still photos, slides, video, voice recorded productions, radio coverage, television coverage and/or any other media, now and in the future, for the purpose of promoting, advertising, and marketing Company and its services, if any such information is included in User Content. You waive all claims against Company for such use.
c. Agree that Company may publish or otherwise disclose your name and location in connection with your User Content; and
d. Warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
You will not be compensated for any User Content.
6. COMPLIANCE WITH LAWS AND REGULATIONS. You have the sole and ultimate responsibility for compliance with all laws, regulations, and other obligations related to your use of the Site or Service, including but not limited to those that govern the stylist and solon industries.
If you identify, request or offer salon or stylist services in connection with your use of the Site or Service, you covenant, represent and warrant that:
a. You are and will remain in compliance with all laws, rules, regulations, and standards of any applicable jurisdiction, including but not limited to zoning laws, health and safety laws, tax laws, license laws and any other applicable laws governing services and commerce; and
b. You bear all risks to persons and property arising from your (or your employees’ or contractors’) contact therewith, and you waive, and agree to indemnify Company for, any and all claims relating thereto against Company.
If you identify, request or offer salon or stylist services in connection with your use of the Site or Service, you understand and agree that Company does not in any way independently verify the credentials or representations of any of the users of the Site or Service, or of any salons or stylists identified on it, or their compliance with applicable laws. Company expressly disclaims any such representations and warranties, express or implied, in this regard, and assumes no responsibility for the compliance with any applicable laws, rules and regulations of any user of the Site or Service, or of any salons or stylists identified on the Site or Service, or the failure to comply with the aforesaid covenants by any user of the Site or Service.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, You agree to comply with the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with You.
8. INAPPROPRIATE CONTENT. In connection with your use of the Site and Services, You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
a. Is libelous, defamatory, obscene, pornographic, abusive, or threatening;
b. Creates a false identity for the purpose of misleading others;
c. Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
d. Contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
e. Uses any part of the Site for surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages;
9. ALLEGED COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service User who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention.
If You have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and You want Company to delete, edit, or disable the material in question, You must provide Company with all of the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c. Identification of the material that is claimed to be infringed 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 Company to locate the material;
d. Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
e. A statement that you have 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; and
f. 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 owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company’s designated agent either by email or first class mail at:
901 Westbourne Dr
West Hollywood, CA 90069
11. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES.
COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE YOU MAY ACCESS AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF THE SITE OR SERVICES OR ON ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE.
COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY CONTENT AVAILABLE ON THE SITE.
12. LIMITED LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH:
A) YOUR USE OF THE SITE, SERVICE, OR ANY OTHER MATERIALS, INFORMATION, OR SERVICES PROVIDED TO YOU BY COMPANY,
B) YOUR INTERACTION WITH ANY OTHER USERS OF THE SITE OR SERVICES, OR ANY PERSONS WHOM YOU IDENTIFY THROUGH THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO INTERACTIONS INVOLVING ANY SALONS OR STYLISTS OR USE OF OTHER USERS’ PROPERTY OR PREMISES, OR
C) YOUR INTERACTION WITH ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
FURTHER, YOU RELEASE COMPANY FROM ALL LIABILITY TO YOU AND YOUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVCE. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF COMPANY OR ANY OF COMPANY’S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THAT PARTY, OR THAT PARTY’S VIOLATION OF A STATUTE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from using the Site or Service for any illegal, unlawful or unauthorized purposes. You are also prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:
a. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
b. Attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
c. Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
d. Using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
e. Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or Service; or
f. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service.
Any violation of system or network security may subject you to civil and/or criminal liability.
16. COPYRIGHT. All contents of Site or Service are: Copyright © 2018 BeYOUtiful Foundation. All rights reserved.
18. BINDING ARBITRATION.
20. NO LICENSE. Except as provided in the “USE OF SOFTWARE” section, above, nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
21. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in locations outside of the United States. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
22. MODIFICATIONS. Company may, in its sole discretion and without prior notice:
b. Modify the Site and/or the Service; and
c. Discontinue the Site and/or Service at any time.
24. SUCCESSORS. This Agreement shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties.