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Effective as of December 30, 2015
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. (Note: The Websites may not recognize the “do not track signals” that some browsers may employ.) As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties' direct marketing purposes offline or for email please write to us at email@example.com. To find out more about your opt-out rights, please contact us as described in the "User Consent to Receive Electronic Communications" section below.
You may be able to create a personalized account that includes a unique username and a password to access the Websites and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, or account.
You agree that you will not under any circumstances:
1. post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
2. use the Websites for any unlawful purpose or for the promotion of illegal activities;
3. attempt to, or harass, abuse or harm another person or group;
4. use another user’s account without permission;
5. provide false or inaccurate information when registering an account;
6. interfere or attempt to interfere with the proper functioning of the Websites;
7. make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
8. bypass any robot exclusion headers or other measures we take to restrict access to the Websites or use any software, technology, or device to scrape, spider, or crawl the Websites or harvest or manipulate data; or
9. publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
The content of the Websites includes, without limitation, (i) the Company's trademarks, Websites marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively, "the Company Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, Websites, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "the Company Content"). The Company Content is the property of the Company, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any the Company Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact the Company. Any use of the Company Marks without the Company's express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the Company Content, including any such notices appearing on any the Company Content you are permitted to download, transmit, display, print, or reproduce from the Websites.
When you create your account, you may be able to provide feedback, comment, or any other content (“User Content”). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Websites. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Websites at its sole discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Websites, you agree as follows:
1. You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
2. You will not post information that is malicious, false, or inaccurate;
3. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
4. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Websites, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Websites is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Websites.
Opinions, advice, statements, offers, or other information or content (including User Content) made available through the Websites, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Websites and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Websites. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Websites, or transmitted to users.
As part of the Websites, the Company may provide you with links to third party website(s) (“Third Party Websites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Website subscribers. The Company has no control over Third Party Websites and Third Party Applications, Software or Content or the promotions, materials, information, goods or websites available on these Third Party Websites or Third Party Applications, Software or Content. Such Third Party Websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company; and the Company is not responsible for any Third Party Websites accessed through the Websites or any Third Party Applications, Software or Content posted on, available through or installed from the Websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Websites and access the Third Party Websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Websites to which you navigate from the Websites or relating to any applications you use or install from the Websites.
The Websites may contain advertisements. The inclusion of advertisements on the Websites does not imply endorsement of the advertised products or Websites. The Company shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Websites. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
This policy statement lists our requirements for notice of copyright infringement and for responses to such a notice if you or your materials are accused.
We use the copyright infringement procedures of the Digital Millennium Copyright Act. We respect the intellectual property rights of others and requests that the users do the same. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
a. Notice of Copyright Infringement. To notify us of copyright infringement, please send a written communication to our Copyright Notices Department, which may be contacted at the address in Section c below. That written communication should include the following:
1. A physical or electronic signature of a 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 website are covered by a single notification, a representative list of such works at that website.
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.
b. Counter-Notice by Accused Subscriber. If you are a subscriber and we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Notice Department, which may be contacted at the address in Section 3. That written communication should include the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the subscriber’s address is outside of the United States, the Federal District Court for the District of Minnesota, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
c. Agent for Notices. Please send all notices required by this policy to our Copyright Agent at:Supersilk
d. Termination of Repeat Infringers. In appropriate circumstances, we will terminate the accounts of subscribers who are repeat copyright infringers.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Websites after receipt of the counter-notice.
By posting any User Content via the Websites, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Websites.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Websites, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Websites may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
To the extent that the Websites’ functions include e-mail or electronic messaging capabilities, communications made through the Websites’ e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org or mail to the following postal address:
Opting out may prevent you from receiving messages regarding the Company or special offers.
THE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE WEBSITES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS FROM, AND NONE OF THEM SHALL BE LIABLE TO YOU, FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITES; (C) THE WEBSITES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have a dispute with one or more users or any stylist or other vendor or merchant of the Company, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §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.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
The Company provides opportunities for user interaction within its Websites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging Websites. On those social media profiles, content and links to other Internet Websites should not be construed as an endorsement of the organizations, entities, views or content contained therein. The Company is not responsible for content or links posted by others.
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