By way of example, and not as a limitation, you agree to the following:
- You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, screen names you post to the Site (“User Content”).
- You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others
- You must not violate the privacy rights of others
- You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group)
- You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications
- You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permissions from the third party, which permissions you agree to disclose to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally
- You must not impersonate another person or entity, which includes not using anyone else’s username or password
- You must not use this Site for any illegal or unauthorized purpose. This includes but is not limited to spamming
- You must abide by all federal, state and local laws. If you are outside The United States you must comply with all local laws with respect to your online conduct and acceptable User Content as well as the export of data to the United States or to your country or residence
- You cannot modify or delete any Content and communications on this Site and/or of other individuals other than your own
- You must not transmit any viruses, worms, defects, or any items and/or code of a destructive nature
- You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Site
- You agree that you will not harvest, collect or store information about the users of the Site or the Content, or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications
- You must not interfere or disrupt the Site or servers or networks connected with the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Sight
- You cannot create member accounts under any false or fraudulent pretenses (including by automated means)
- You must not state or imply that any of your submitted and or posted User Content is endorsed by HairUWear
- You must not retrieve, store or collect personal information about other users for any unauthorized purpose
- You must not engage in any ad “slamming”
- You cannot use HairUWear’s name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that HairUWear is associated with, or endorses, or is in any way connected with you, your business, or your User Content
- You must not use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify any content in this Site, or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of HairUWear’s copyright and other proprietary rights
WHILE HAIRUWEAR EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THIS SITE ENTIRELY AT YOUR OWN RISK, AND THAT HAIRUWEAR SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
You will be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials (as previously defined, “User Content”). This means that you have sole responsibility—not HairUWear—for all User Content that you upload post, email, transmit or otherwise make available through this Site, and to make sure that you are in compliance with the User Conduct above.
You agree that you are the sole responsible person and/or entity from which such User Content originated. Thus, HairUWear shall have no liability of any kind with respect to any User Content posted by you or other users of this Site. You agree that you must assess and bear all risks associated with the use of any User Content. In this regard, you may not rely on any User Content created by other user members or otherwise created, distributed and displayed on any part of the Site. HairUWear does not control or monitor the User Content posted via this Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
The User Content created by you will be owned by you or you will have been granted the prior permission to use it. HairUWear does not own any of the User Content you post. By placing User Content on the Site you are providing HairUWear with a worldwide, royalty-free, unlimited, non-exclusive license, to publicly display, modify, reproduce and distribute your User Content on the Site for editorial and promotional purposes of the Site.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use your User Content. Therefore, if you have information, content or ideas that you would not want others to use or should otherwise remain confidential, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect the views of HairUWear or those of our content providers, advertisers, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
This Site may, from time to time, contain contests or sweepstakes that offer prizes or that requires you to submit material or information about yourself. Each contest has its own official rules, which you must read and agree to before you may enter. Other general information regarding sweepstakes rules are provided for here. HOW TO HAIRDO STYLIST PHOTO CONTEST OFFICIAL RULES
Third Party Websites and Links
You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Third Party Merchants
The Site may enable you to receive or order products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions with these third parties.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements and promotions of the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services of third parties.
The use of this Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. HAIRUWEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HAIRUWEAR MAKES NO WARRANTY THAT 1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
Limitation of Liability
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HAIRUWEAR’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Governing Law; General Information
We control and operate the Site from our offices in the State of Kansas, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of Kansas. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please feel free to contact us via email firstname.lastname@example.org, or send a letter to HairUWear at:
Attention: Legal Department
14865 W. 105th St.
Lenexa, Kansas 66215
You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S., mail to your email or mailing address as appearing in our records from time to time.