- User’s Acknowledgment and Acceptance of Terms.
- Definitions. The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.
“Beauty in a Beat Trademark(s)” means names, titles, trademarks, service marks and logos of Beauty in a Beat.
“Customer(s)” means any individual (or business entity) entering into a Customer Agreement with Use related to the receipt of Styling Services.
“Site” means (i) the beautyinabeat.com website, (ii) related websites and/or mobile device applications provided or owned by Beauty in a Beat, (iii) the Site Content, and (iv) the Stylist Services and the related websites, technology, applications and platforms related to the Stylist Services.
“Site Content,” means any content, material, information, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on or through beautyinabeat.com and related websites, including, without limitation, any message boards, chat, and other original content.
“Stylist(s)” means any individuals (or business entities) registered as Stylists with Beauty in a Beat and who are offering Styling Services through the Site and performing such services.
“Styling Service(s)” means any permitted styling or beauty care services provided by a Stylist (and any related technology, website, application or platform related thereto). Such services may include, without limitation, salon-type services, make-up and hair styling services, and barbershop-type services, hair styling and shaving services.
“Stylist Account” means the user profile that Stylist creates through successful completion of the appropriate registration form, located on the Site or such other page made available by Beauty in a Beat from time to time, in connection with being a Stylist.
“User” or “You” or “Your” (and similar terms) means any person or entity that visits and views any portion of the Site, including, without limitation, Customers and Stylists.
- Description of Services.
Beauty in a Beat makes various Site Content available on this Site to Users, primarily for the purpose of enabling Customers to schedule Styling Services. Beauty in a Beat reserves the sole right to either modify or discontinue the Site or the Styling Services, including any features therein, at any time with or without notice to User. Beauty in a Beat shall not be liable to User or any third party should Beauty in a Beat exercise such right. User understands and agrees that temporary interruptions of this Site may occur as normal events. User further understands and agrees that Beauty in a Beat has no control over third party networks that User may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond Beauty in a Beat’s control. User understands and agrees that this Site is provided “AS IS” and that Beauty in a Beat assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Site Content, communications or personalization settings. User understands that the Site may include the display of advertisements. It is User’s responsibility for obtaining access to the Site, and that such access may involve third party fees, such as, without limitation, Internet service provider or airtime charges. User is responsible for those fees. In addition, User must provide and is responsible for all equipment necessary to access the Site. User understands that technical processing and transmission of the Site may involve (i) transmissions over various Internet networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- Electronic Contracting and Notices.
- User Requirements and Acknowledgments.
5.1 Accuracy. User agrees to: (i) provide true, accurate, current and complete information about User and User’s property as prompted by Beauty in a Beat’s forms and in any other related document or agreement; and (ii) maintain and update User’s information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, Beauty in a Beat reserves the right to terminate User’s use of the Site and withdraw any offer or agreement.
5.2 Restrictions. While using the Site, User agrees that User will not: (i) violate any laws, third party rights or Beauty in a Beat’s policies; (ii) use the Site or submit any of Beauty in a Beat’s forms if User is not able to form legally binding contracts or is temporarily or indefinitely suspended from using the Site or the Service; (iii) manipulate the Site, email responses or interfere with any other Users use of the Site; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from Beauty in a Beat, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any Site Content on the Site or any of our business ideas; (vii) distribute viruses or any other technologies that may harm Beauty in a Beat, or the interests or property of Beauty in a Beat’s Users; (viii) copy, modify, or distribute rights or Site Content from the Site or commercialize any of Beauty in a Beat’s applications or any information or software associated with such applications; or (ix) harvest or otherwise collect information about Users, including email addresses, without their consent.
User understands that all or some portions of the Site may not be available to the general public and may require User to, without limitation, create the appropriate user account, submit certain personal and payment information, agree to additional terms and conditions.
- Data and Privacy; Age.
- Conduct on Site.
7.1 Permitted Conduct. User may use the Site for viewing Site Content for user’s sole personal use or using any other available functionality, including, if User has successfully created a Customer Account or Stylist Account and, respectively, has completed the Customer Agreement or Stylist Services Agreement.
7.2 Prohibited Conduct. User may not use the Site to gain unauthorized access to Beauty in a Beat’s network(s) or server(s), as determined by Beauty in a Beat in Beauty in a Beat’s sole discretion. User shall not interfere with any User’s use and enjoyment of the Site or other similar services, as determined by Beauty in a Beat in Beauty in a Beat’s sole discretion. User may not in any way harm Beauty in a Beat, the Site, Users, Beauty in a Beat’s Affiliates or any other person or entity, or interfere with or manipulate the functioning or normal operations of any of the foregoing, as determined by Beauty in a Beat in Beauty in a Beat’s sole discretion. User covenants and agrees that User’s use of the shall not constitute, involve, facilitate, advocate or promote, one or more of the following, without limitation,: (i) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability or any other unlawful basis under applicable law; (ii) libelous, defamatory, threatening harassing, tortious, or similarly abusive activities; (iii) obscene, pornographic, sexually explicit or similar activities; (iv) gambling; (v) sale, export or use of illegal substances; (vi) terrorism, sedition or other illegal activities; (vii) music, video, content and/or other proprietary materials for download, sale or otherwise; (viii) a conflict or violation of any law or regulation or any intellectual property or other rights of any person or entity; (ix) harm to minors in any way; and (x) impersonation of any person. User’s use of the Site may not, in any way, violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity.
User is prohibited from providing or repurposing the Site or Beauty in a Beat Trademarks and any portion thereof to other parties in any manner. Under no circumstances can User allow other commercial entities (including, without limitation, User’s affiliates or business partners) to access the Site. User shall not: (i) disassemble, reverse engineer, decompile, or otherwise attempt to derive source code from the Site; (ii) gain or attempt to gain unauthorized access to the Site or its related systems; (iii) transfer, license, sublicense, lease, loan, sell, resell for revenue, distribute or otherwise grant any rights in the Site in any form to any other party; (iv) copy the Site, except as authorized herein; (v) send spam or otherwise send duplicative or unsolicited messages in violation of applicable law; (vi) send or store viruses, worms, Trojan horses or other malicious or harmful code, files, scripts or programs; (vii) interfere with or disrupt the integrity or the operation of the Site or other content or data contained therein; (viii) modify, copy or create derivative works based on the Site or Beauty in a Beat Trademarks; (ix) create Internet links to or from the Site, or “frame” or “mirror” any content of the Site; (x) use “bots,” “crawlers” or other automated methods to “scrape” or copy information and data from the Site; or (xi) copy any features, functions, screens, interfaces or graphics of the Site or Beauty in a Beat Trademarks.
User may not use the Site Content for any purpose other than User’s personal noncommercial use and User may not further distribute or provide the Site Content in any manner to any third party. This description of prohibited conduct is not intended to be exhaustive, and Beauty in a Beat has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability. Beauty in a Beat disclaims all liability and responsibility for such content and matters.
Portions of the Site may be accessible to Users through mobile devices, including, without limitation, a mobile device application or a mobile device web browser. User agrees to obey all traffic or other laws, regulations or rules that restrict the use of mobile devices when accessing the Site or the Service.
- Third Parties: Sites and Information; Advertisements; Payment and Scheduling Services.
8.1 Third Party Sites and Information. This Site may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Beauty in a Beat’s control, and User acknowledges that Beauty in a Beat is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Beauty in a Beat responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site, the Service, Beauty in a Beat or Beauty in a Beat’s Affiliates, or any warranty of any kind, either express or implied.
8.2 Advertisements. User agrees that Beauty in a Beat shall have the right to place advertisements on any page containing Site Content, or any other portion of the Site, and that Beauty in a Beat shall have the right to determine, in its sole discretion, the type, style, placement and any other implementation decisions regarding how, when and where advertisements are placed on any Site Content or any portion of the Site. User agrees that Beauty in a Beat shall be entitled to collect and retain all revenues from placing advertisements on the Site. User acknowledges that Beauty in a Beat does not recommend or endorse any of the products or services that are promoted in any advertisements appearing on the Site. User acknowledges that Beauty in a Beat is not responsible for the content of any advertisements that appear anywhere on the Site, including, without limitation, any portion of the Site displaying Customer Accounts or Stylist Accounts, and that Beauty in a Beat is under no responsibility or obligation to remove, alter or suspend advertisements that appear anywhere on the Site, including, without limitation, any portion of the Site displaying Customer Accounts or Stylist Accounts.
8.3 Third Party Payment and Scheduling Services. User acknowledges that Beauty in a Beat may, but is not required to, use third party services for payment processing and scheduling as these relate to Styling services. User agrees to use such services as may be required for use of the Site and to abide by any applicable policies related to payment processing or scheduling imposed by those third parties or by Beauty in a Beat. User grants Beauty in a Beat the right to submit any User information to these third parties that is required for use of those third party services. Beauty in a Beat disclaims all responsibility for the functioning or policies of any third party or third party service.
- Intellectual Property Information.
Copyright (c) 2015 Beauty in a Beat, LLC. All Rights Reserved.
- User Submitted Information.
10.2 Suspected Copyright Violations. Beauty in a Beat respects the intellectual property of others, and Beauty in a Beat asks Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by Site Content on this Site, User should send notification to Beauty in a Beat, via the contact information on the Site, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit Beauty in a Beat to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Beauty in a Beat to locate the materials; (iv) 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, agent, or the law; and (v) 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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Beauty in a Beat’s Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of Users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Notice of Claimed Infringement:
Beauty in a Beat, LLC
firstname.lastname@example.org or email@example.com
10.3 Removal of Infringing Content. Beauty in a Beat will remove the infringing Site Content, subject to the procedures outlined in the Digital Millennium Copyright Act. User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Beauty in a Beat may immediately remove the identified materials from Beauty in a Beat’s Site without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimer of Warranties.
THE SITE AND ALL SITE CONTENT ON, AND SERVICES PROVIDED THROUGH, THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BEAUTY IN A BEAT MAKES NO WARRANTY THAT (A) THE SITE, SITE CONTENT AND RELATED SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE SITE, SITE CONTENT AND RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, RELATED SERVICES OR SITE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE SITE FROM BEAUTY IN A BEAT OR BEAUTY IN A BEAT’S AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. BEAUTY IN A BEAT MAY MAKE CHANGES TO THE SITE, SITE CONTENT AND RELATED SERVICES ON THIS SITE. THE USE OF THE SITE, RELATED SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
- Limitation of Liability.
IN NO EVENT SHALL BEAUTY IN A BEAT OR BEAUTY IN A BEAT’S AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT BEAUTY IN A BEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, RELATED SERVICES (INCLUDING STYLING SERVICES), OR ANY SITE CONTENT, OR WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, BEAUTY IN A BEAT SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. BEAUTY IN A BEAT’S AND ITS AFFILIATES’ MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER’S USE OR ACCESS TO THE SITE SHALL BE $100. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
- International Use.
Although this Site may be accessible worldwide, Beauty in a Beat makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Site Content is illegal or prohibited. Users who choose to access this Site from other locations do so on User’s own initiative and are responsible for compliance with local laws, regulations or rules. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
- Termination of Use.
- Law; Venue.
18.2 Force Majeure. In addition to any excuse provided by applicable law, Beauty in a Beat shall be excused from liability for non-delivery or delay in delivery of products and services available through this Site arising from any event beyond Beauty in a Beat’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Beauty in a Beat’s reasonable control, whether or not similar to those which are enumerated above.
18.5 Right to Sue Beauty in a Beat. User covenants and agrees that User will not, at any time hereafter, either directly or indirectly, initiate, assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation, maintenance or prosecution of any claim, demand or cause of action at law or otherwise, against Beauty in a Beat, its employees, members or Affiliates, or any of them, for damages, loss or injury of any kind arising from, related to, or in any way connected to any service related to this Site or the Service. This covenant shall be binding upon, and inure to, the benefit of the parties, their successors, assigns and executors, administrators, personal representatives and heirs.
18.8 No Endorsement. The appearance of any non-Beauty in a Beat produced Site Content on the Site shall in no way constitute an endorsement, implied or otherwise, of such content or its owner.