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.
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.
5. SWEEPSTAKES AND/OR CONTESTS.
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, firstname.lastname@example.org.
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.
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.
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.