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PRIVACY & TERMS

PRIVACY POLICY

Last modified: February 22, 2019

Introduction

Ratner Companies, L.C. (“Company,” “we or us”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide to us or to our affiliates when you use the “Digital Platforms” (as defined below) owned by us as well as those associated with the brands we manage which include: Hair Cuttery, Bubbles Salons and Salon Cielo (collectively “Our Brands”).  This policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

Digital Platforms include the following:

  • Our websites and those owned or operated by Our Brands.
  • Mobile and desktop applications offered by us or Our Brands.
  • Email and text messaging services between us or Our Brands and you.
  • Our advertising and applications on third-party websites and services, including our social media properties.
  • Information at collection points at retail stores operated by Our Brands (e.g. information you disclose face to face or through a kiosk to schedule a service at a salon, information you supply to access our wireless internet).

This policy does not apply to information collected by any third party other than Our Brands.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Digital Platforms. By accessing or using our Digital Platforms, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Digital Platforms after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Digital Platforms are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Digital Platforms. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to us on or through any of our Digital Platforms, make any purchases through the Digital Platforms, use any of the interactive or public comment features of our Digital Platforms or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via the methods set forth in the contact information section below.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Digital Platforms, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, date of birth or any other identifier by which you may be contacted online or offline (“personal information”);
  • that is about you but individually does not identify you, such as your personal preferences for salon services or products, your age, gender, interests or your location when you access and use certain Digital Platforms (when you enable those features on your device) and information about the websites you visit; and/or
  • About your internet connection, the equipment you use to access our Digital Platforms and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, pixel tags and other tracking technologies.
  • From third parties, for example, our business partners, service providers and social media platform operators.

Information You Provide to Us.  The information we collect on or through our Digital Platforms may include:

  • Information that you provide by filling in forms on Digital Platforms. This includes information provided at the time of registering to use our Digital Platforms, subscribing to our services or social media platforms, entering into promotions/sweepstakes/contests/rewards programs, posting material on our Digital Platforms, providing us with feedback, obtaining products or services from Our Brands retail outlets. We may also ask you for information when you report a problem with our Digital Platforms.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Digital Platforms and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Digital Platforms.
  • You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Digital Platforms, or transmitted to other users of the Digital Platforms or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Digital Platforms with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Digital Platforms, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Digital Platforms, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Digital Platforms.
  • Information about your computer and internet connection, including your IP address, operating system, geolocation, and browser type.

We also may use these technologies to collect information about your online activities over time but we do not collect information across third-party websites or other online services (behavioral tracking).

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Digital Platforms and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Digital Platforms according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Digital Platforms.
  • Recommend retail locations that are near your location (if you have permitted us to collect information about your location).

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Digital Platforms. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Digital Platforms.
  • Flash Cookies. Certain features of our Digital Platforms may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Digital Platforms. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our the Digital Platforms may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Digital Platforms are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Digital Platforms and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Digital Platforms or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Digital Platforms.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you and serve advertisements to you about our own (and Our Brands’) goods and services that may be of interest to you. If you do not want us to use your information in this way, please see below about how you can opt out of receiving certain communications from us. 

Disclosure of Your Information

We may disclose aggregated and anonymized information about our users, and information that does not identify any individual, without restriction.

We may disclose personally identifiable information that we collect as described in this privacy policy:

  • To our subsidiaries and affiliates for their use subject to the terms of this privacy policy.
  • To contractors, service providers, and other third parties we use to support our business so that they can provide services to us and Our Brands.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our or Our Brands assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us or Our Brands about our Digital Platform users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use, any terms of sale and product return policies, and other agreements between you and us, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect our or Our Brands rights, property, or the safety our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Digital Platforms may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to receive email or text communications from us or Our Brands you can opt out of receiving those communications by following the “unsubscribe” links provided in messages you receive.  If no such links are provided you can opt out of receiving further messages by contacting us at via the methods provided in the contact information section below.

Accessing and Correcting Your Information

You have the right to access personal information about you that we have collected through the Digital Platforms by sending a request using the contact information in the section below.  You can also request that we correct any such information in the same manner.  To verify that the request is authentic, we may require that such request be sent from the email address associated with your personal information.  While we will comply reasonably and promptly with your request, we may need to retain some of your information for our own recordkeeping or to fulfill a legal obligation.  If you delete, or ask us to delete, certain information, you may not be able to continue to access certain portions of the Digital Platforms without entering additional information.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Digital Platforms, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Digital Platforms like message boards or blogs. The information you share in public areas may be viewed by any user of the Digital Platforms.

Unfortunately, the transmission of information via the internet is not completely secure. Although we use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Digital Platforms. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Digital Platforms.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page.  The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Digital Platforms and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Ratner Companies, L.C.
1577 Spring Hill Road, Suite 500
Vienna, Virginia 22182
Attn: Legal - Privacy
Fax: 703-269-5418

In addition, you can call the Client Service line at 1-866-25-STYLE (1-866-257-8953) or contact us using the “Contact Us” methods available on our Digital Properties.

TERMS & CONDITIONS

Welcome to the Salon Cielo® website (the “Site”) which is owned, operated, and provided to you (“You” or “your”) by Bubbles, Inc., a District of Columbia corporation, and its management company, Ratner Companies, L.C. (collectively, for purposes herein, “Salon Cielo”), and affiliates.  Please read these Terms and Conditions (“Terms”) and our Privacy Policy carefully before using the Site.

1. AGREEMENT.
By accessing or using the Site, You agree to abide by these Terms contained herein as to access and use.  If You do not wish to abide by these Terms, You may not access or use the Site. From time to time, Salon Cielo may revise these Terms without any notice to You. You agree that, each time You access or use the Site, You shall review and abide by the then current version of these Terms. Your continued use of this Site after any such changes will be considered your acceptance of those changes.

2. PRIVACY POLICY/SOCIAL MEDIA.
Salon Cielo’s Privacy Policy (located at http://www.saloncielo.com/privacy-terms the “Privacy Policy”) is incorporated herein, by reference, as if fully set forth herein.  In case of a conflict between any provision of the Privacy Policy and any provision of these Terms, the provision of these Terms will apply. Salon Cielo may also from time to time adopt certain other specific terms of use and/or guidelines (“Terms of Use”), which upon adoption and inclusion therein of a reference to these Terms shall be incorporated herein, by reference, as if fully set forth herein.

3. USE OF SITE/ELIGIBILITY/COMPLIANCE.

The Site must be used only for the purposes expressly set forth on the Site.  Any other use of the Site is prohibited. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The Site is not intended to be used by persons under the age of 18.  You represent and warrant that You are at least eighteen (18) years of age.

Notwithstanding any other provision of these Terms, You shall not:  (a) access or use the Site for any purpose that is unlawful; (b) access or use the Site for any purpose that is not expressly permitted by the Site or these Terms; (c) access or use the Site in any manner that could damage, disable, overburden, or impair any Salon Cielo computer system, server, or network; (d) access or use the Site in any manner that interferes with any other person’s access or use of the Site; (e) attempt to gain unauthorized access to the Site, other accounts, or any Salon Cielo computer system, server, or network; or (f) access or use materials or information through any means not intentionally made available by Salon Cielo. 

If You fail to abide these Terms in any way or any relevant law, rule or regulation, Salon Cielo may prohibit You from accessing or using the Site.  No action or omission by Salon Cielo shall be deemed to be a waiver of any right or remedy provided under these Terms or under applicable law. Salon Cielo reserves the right to immediately terminate your use of, or access to, this Site at any time, without notice.

4. THIRD-PARTY WEBSITES, COMPANIES, AND PRODUCTS.
This Site may include links to one or more external websites or resources owned and operated by third parties. These links do not constitute or imply an endorsement, sponsorship or recommendation by Salon Cielo of the third party, the third party website or the, information, goods, services or other materials contained therein. If You use these links You will leave the Site and will be subject to the terms of use and/or privacy policies or practices applicable to such websites.  Use of and access to any third party website is at your own risk and Salon Cielo will have no liability arising out of or related to use of such third party website.

5. SWEEPSTAKES AND/OR CONTESTS.
Any sweepstakes, contests, and/or other promotions run on the Site or referenced in connection with the Site (“Promotions”), shall be governed by the associated rules provided or posted in connection with such Promotions. Promotions may require the participant to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. Please see the Privacy Policy regarding the use of such information.

6. CONTENT.

You acknowledge that the Site permits the users of the Site (each, a “User”, collectively “Users”) to browse, view, download, and upload certain content subject to these Terms.  You acknowledge that You are responsible for any and all content, information, profiles, goals, opinions, messages, comments, photos, videos and any other content or material that You submit, upload, post, share or otherwise make available on or through the Site ("Submitted Content"). As to any Submitted Content that You submit, upload, post to, repost, share or otherwise make available on or through the Site by any means (such act, a “Post”), You represent and warrant that the Submitted Content is wholly complete, true, and accurate; and that You are the sole owner of the Submitted Content or have all rights, licenses, consents, approvals and releases that are necessary and appropriate to grant to Salon Cielo and all Users all rights in such Submitted Content, as are contemplated under these Terms. You shall not Post Submitted Content that is not wholly complete, true, and accurate; or of which You are not the sole owner or the possessor of all rights, licenses, consents, and releases that are necessary and appropriate to grant to Salon Cielo and all other Users all rights in such Submitted Content, as contemplated by these Terms.

As to any Submitted Content, You grant to Salon Cielo and all Users an irrevocable, non-exclusive, transferable, sublicensable, perpetual, worldwide and royalty-free license (“License”) to (in any media, whether now known or not currently known or invented) link to, utilize, publicly perform, reproduce, edit, use, copy, encode, adapt, store, archive, distribute, transmit, share, modify, translate, publicly display, and create derivative works from, the Submitted Content, throughout the world and in any and all advertising and promotional materials, including without limitation the Site, any Salon Cielo branded social media and/or blogs and in any manner or media whatsoever for purposes of art, advertising, editorial, trade, or promotion or any other purpose whatsoever.Additionally, You grant to Salon Cielo and all Users the right to use the name or user identification You submit in connection with any Submitted Content.

As to any Submitted Content which is a photograph, video, or other display of likeness, voice or biographical or identifiable information (such aforedescribed Submitted Content is known as the, “Photo Content”), You represent and warrant that the subject of the Photo Content (“Subject”) is:  (a) You; or (b) a minor (aged 13 years of age or older) of whom You are the parent or legal guardian.  You shall not Post to or through the Site any Photo Content that depicts any person other than You or a minor (age 13 years or older) of whom You are the parent or legal guardian. As to any Photo Content, You, on behalf of yourself or as the parent or legal guardian of Subject, grant to Salon Cielo and all Users the irrevocable right, and permission to display, reproduce, broadcast, publish, or otherwise use Subject’s name and likeness and Photo Content, separately or in conjunction with other photographs or Submitted Content, throughout the world and in any and all advertising and promotional materials, including without limitation the Site, and in any manner or media whatsoever for purposes of art, advertising, editorial, trade, or promotion or any other purpose whatsoever.

You shall not Post any Submitted Content that:  (a) is harmful; vulgar; obscene; profane; sexually explicit; abusive; threatening; privacy invading; defamatory; racially, ethnically, or otherwise objectionable; or unlawful in any way; or (b) infringes, violates, or may infringe or violate, any intellectual property or other right of another person. acknowledge that Salon Cielo does not endorse or pre-screen Submitted Content.  Salon Cielo shall have the right, but not the obligation (in Salon Cielo’s sole discretion) to reject, edit, move, or remove any Submitted Content from the Site.

7. INTELLECTUAL PROPERTY.
The Site, the design of this Site and all text, graphics, logos, Marks, photographs, audio visual, information, content, processes, and other material displayed on or that can be downloaded from the Site, other than the Submitted Content (“Proprietary Content”) are protected by U.S. and or foreign copyright, trademark, and possibly patent and other laws and are either owned by Salon Cielo its partners, management company, subsidiaries, affiliates, related entities, contributors or other third parties who have authorized their use on the Site (“Affiliates”).  Copyrights in the Proprietary Content are owned by Salon Cielo, the Affiliates or other copyright owners who have authorized their use on the Site. The trademarks, service marks, trade names, service marks, and all associated logos, symbols, or images, that appear throughout the Site (“Marks”) are proprietary to Salon Cielo and/or Affiliates and are protected by applicable law.  You are prohibited from and may not reproduce, copy, replicate, manipulate, display, distribute, publish, modify, Post or use the Proprietary Content (including without limitation of the Marks) in any way or manner without the prior express written permission of Salon Cielo or the applicable owner of the same. 

8. DMCA NOTICE PROCEDURE.

Salon Cielo will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If You believe that your work was copied or posted on the Site in a way that constitutes copyright infringement, please contact our designated agent, Lester D. Mardiks, c/o Ratner Companies, L.C., 1577 Spring Hill Road, Suite 500, Vienna, Virginia  22182, Attn: Legal (DMCA), Phone: 703-269-5269, Fax: 703-269-5418, lmardiks@ratnerco.com.

Your notification of alleged infringement must comply with the provisions of the DMCA and must include the following information:  (1) a description of the copyrighted work which You claim has been infringed (if You are not the owner of the work, You must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner); (2) a description of where the allegedly infringing material is located on the Site; (3) information reasonably sufficient to permit Salon Cielo to contact You (such as an address, telephone number, and, if available, an email address where You may be reached); (4) a statement that You have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and (5) a statement by You, made under penalty of perjury, that the information in your notification is accurate, and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

Upon receipt of such written notification, conforming to the DMCA and containing the information described in this Section, Salon Cielo will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and attempt to promptly notify the alleged infringer that the allegedly infringing material has been removed. If allegedly infringing material is removed by Salon Cielo, the alleged infringer may deliver a counter-notification to Salon Cielo’s designated agent which complies with the provisions of the DMCA and includes the following information:  (1) a physical or electronic signature of the alleged infringer; (2) a description of the of the material that has been removed, or to which access has been disabled, and the location at which the material appeared on the Site before it was removed or access to it was disabled; (3) a statement, under penalty of perjury, that the alleged infringer 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 alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of United States District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Salon Cielo may be found, and that the alleged infringer will accept service of process from the person who provided the notification or an agent of such person.

Upon receipt of a counter-notification, conforming to the DMCA and containing the information described in this Section, Salon Cielo will promptly provide You, the party who delivered the original notification, with a copy of the counter-notification and inform You that it will replace the removed material, or cease disabling access to it, within ten business days.  If Salon Cielo’s designated agent does not receive notice from You that an action has been filed seeking a court order to prohibit the alleged infringer from engaging in the infringing activity complained of in the original notification, Salon Cielo will replace the removed material, or cease disabling access to it, within ten to fourteen business days after receipt of the counter-notification.

9. NO WARRANTY/DISCLAIMER.
THE SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SALON CIELO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THE SITE MAY CONTAIN LINKS TO OTHER SITES. SALON CIELO IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES OF THOSE SITES. ANY CONTENT OR MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. 

10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL SALON CIELO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS (“SALON CIELO PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, ITS CONTENT ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE, OR ANY MATTER RELATING TO THE SITE, ITS CONTENT OR THESE TERMS.  IN NO EVENT SHALL SALON CIELO AND/OR SALON CIELO PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM CONTENT (INCLUDING WITHOUT LIMITATION SUBMITTED CONTENT) PROVIDED BY OR REPRESENTATIONS MADE BY ANOTHER USER OF THE SITE. IN ANY EVENT, SALON CIELO’S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THESE TERMS OR ARISING FROM YOUR ACCESS OR USE OF THE SITE OR ITS CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO SALON CIELO PURSUANT TO THESE TERMS.

11. INDEMNITY.
You agree to defend, indemnify and hold harmless Salon Cielo, its officers, directors, employees, and agents, Creative or the Affiliates or any of their respective officers, directors, employees, shareholders, agents, successors or assigns  from and against  any claims, liabilities, damages, actions, expenses or demands, including, without limitation, all reasonable attorney’s fees and costs, made by any third party due to or resulting from your access or use of the Site, its contents and any breach (or alleged breach) of these Terms by You, any false representation made by You in these Terms, your breach or alleged breach of the copyright, trademark, proprietary or other rights of any third party or any breach of a warranty made by You in these Terms.  You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submitted Content You Post. You further agree that you will not upload, Post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submitted Content that You Post. 

12. MISCELLANEOUS PROVISIONS.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  The Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. Any action seeking legal or equitable relief or any legal proceeding (including without limitation any tort claim) arising out of or relating to the Site, its content or these Terms will be brought only in the courts of the Commonwealth of Virginia or the United States District Court for the Eastern District of Virginia or in the courts of Fairfax County, Virginia. Each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding and waives any claim that any legal proceeding (including, without limitation, any tort claim) brought in accordance with this Section has been brought in an inconvenient forum or that the venue of that proceeding is improper. In the event that any provision of these Terms is invalidated by a court of competent jurisdiction, then all of the remaining provisions of the Terms shall continue unabated and in full force and effect. Should any party breach these Terms the non-breaching party shall be entitled to an award of its costs and reasonable attorneys’ fees expended in any action based upon the terms of this Agreement in any case in which it is the substantially prevailing party. The Terms shall apply in addition to, and shall not be superseded by, any other written agreement between Salon Cielo in relation to your participation as a User. The Terms shall be binding upon each of the parties and upon their respective successors and assigns, and shall inure to the benefit of each of the parties and to their respective successors and assigns.  These Terms and the Privacy Policy (and any Terms of Use) contain the entire understanding and agreement between You and Salon Cielo with respect to the Site, its contents and use thereof and the contents contained herein, and supersede all prior or contemporaneous communications whether electronic, oral or written with respect to the same. These Terms are not intended to confer upon any person, other than the parties, any rights or remedies. 

13. QUESTIONS.
Please call our Client service line at 1-866-257-8953 (1-866-25-STYLE) if You have any questions, requests or comments regarding, or problems with, this Site.