PLEASE READ THESE TERMS CAREFULLY BEFORE YOU PROCEED WITH ACCESSING www.beautybywhitney.com. BY ACCESSING www.beautybywhitney.com, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU READ AND UNDERSTOOD THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT”) GOVERNING YOUR USE OF www.beautybywhitney.com’S WEBSITE AND SERVICES AND AGREED TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST ABORT AND MAY NOT ACCESS www.beautybywhitney.com.
1. The Services
2. Grant Of License
www.beautybywhitney.com grants you a limited, non-exclusive, non-transferable, revocable license, without right to sub-license, to access and use the Services, solely for your own personal purposes, subject to the terms and condition of this Agreement. All rights not expressly granted herein are reserved by www.beautybywhitney.com.
www.beautybywhitney.com alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Services, including, but not limited to, all related Intellectual Property Rights in and to the Services, the Content, www.beautybywhitney.com Technology and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The www.beautybywhitney.com’s & Beauty By Whitney name, trade marks, service marks, www.beautybywhitney.com’s logos, and the product names associated with the Services are trademarks and/or service marks and/or trade names owned by www.beautybywhitney.com or third parties who licensed their rights to www.beautybywhitney.com, and no right or license is granted hereunder to use them.
Unless otherwise expressly permitted in this Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of any of the Services, which are subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in this Agreement.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of www.beautybywhitney.com’s trademarks, service marks and logos.
You must avoid any action or omission which may dilute, or tarnish www.beautybywhitney.com’s goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
We do not claim ownership over all content, such as text and images that are displayed on www.beautybywhitney.com. However, when you send content to www.beautybywhitney.com, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet, in accordance with these terms. Without derogating the foregoing, www.beautybywhitney.com does not endorse or assume any responsibility with respect to content submitted and marked improperly.
Nothing in this Agreement constitutes a waiver of www.beautybywhitney.com’s Intellectual Property Rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Services, or any part thereof, by others.
Under conditions of this agreement you are prohibited to:
4.1 Sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Services or make them available to any third party in any way;
4.2 Display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, reverse engineer or combine any of the Services with other services;
4.3 Interfere in any manner with the functionality of the Services or use the Services in any way that breaches any code of conduct, policy or other notice applicable to the Services;
4.4 Copy any ideas, features, functions or graphics of the Services or any Content;
4.5 Use the Services for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements, or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations;
4.6 Modify, alter and create derivative works of any part of the Services, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in this Agreement;
4.7 Remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Services, whether of www.beautybywhitney.com or any other third parties;
4.8 Otherwise use the Services not in compliance with the terms of this license.
5. Responsibilities And Acceptable Use Of The Services
5.1 You are responsible for all of the acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You will generally, comply with any instructions concerning access to and/or use of the Services that www.beautybywhitney.com may offer from time to time;
5.2 You specifically agree not to, in any way:
(i) access (or attempt to access) the Service by any unauthorized or automated means, other than through the interface that is provided by www.beautybywhitney.com;
(ii) breach this Agreement or any other applicable rules and instructions that we may convey with respect to the use of the Services;
(iii) interfere with or disrupt the integrity or damage the performance of the Services or any other computer system or network or circumvent or manipulate the operation, or functionality of the Services, including any hosting services provided by third parties to facilitate the Services;
(iv) engage with any activities that violate anti-spamming laws and regulation, including the CAN SPAM Act of 2003;
(v) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services;
(vi) use robots, crawlers and similar applications to collect and compile Content from the Services, for the purposes of competing with the Services, or in such ways that might impair or disrupt the Services’ functionality;
(vii) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
(viii) collect or process personal information of the Services’ users without their explicit consent;
(ix) post commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material;
(x) export illegally any controlled or restricted items, including software, algorithms, or other data that is subject to export laws;
(xi) engage with any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography;
(xii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Services;
(xiii) interfering with the proper functioning of any System, including deliberate attempt to overload a system by mail bombing, or flooding techniques;
(xiv) send, store, provide or link through the Services to any content or material that may reasonably be deemed as:
- Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
- Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or any other similar software or programs that may damage the operation of the Services;
- Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
- Constituting a violation of a person’s right for privacy or right of publicity;
- Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
- Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
Should www.beautybywhitney.com become aware that you have violated section 5.2 above, www.beautybywhitney.com shall be entitled, at its own discretion, to remove the content in violation immediately, terminate your user account and/or notify the relevant authorities.
You shall be solely responsible for obtaining and maintaining all hardware, equipment and services needed for access to and use of the Services and all charges related thereto.
7. Dealings With Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that www.beautybywhitney.com shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
www.beautybywhitney.com may provide, or third parties may provide, links to non-www.beautybywhitney.com Internet Web sites or resources as a convenience to you (“Third-Party Sites”). Because www.beautybywhitney.com has no control over such sites and resources, you acknowledge and agree that www.beautybywhitney.com is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by www.beautybywhitney.com of such Third-Party Sites. You further acknowledge and agree that www.beautybywhitney.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
9. Availability & Internet Delays
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Services will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
10. Term And Termination
www.beautybywhitney.com may terminate this Agreement, or terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease. You may discontinue your use of the Service for any reason and at any time. You may remove the configuration of the Service from your mobile phone. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Services’ operations and loss of any data as a result.
11. Disclaimer Of Warranties
THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY www.beautybywhitney.com (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, www.beautybywhitney.com AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, THE www.beautybywhitney.com TOOLS OR ANY CONTENT. www.beautybywhitney.com (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR THE www.beautybywhitney.com TOOLS WILL BE TIMELY, UNINTERRUPTED, UNSUSPENDED FOR UNSCHEDULED DOWNTIME OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES AND/OR THEIR QUALITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE IMMUNE FROM ANY INTERRUPTION OR SUSPENSION CAUSED BY FACTORS OUTSIDE OF www.beautybywhitney.com OR THE SERVERS’ OPERATORS’ REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENT OR INTERNET ACCESS OR RELATED PROBLEMS, OR (G) THAT YOUR MOBILE DEVICE WILL BE COMPATIBLE WITH www.beautybywhitney.com’S SERVICES, OR (H) THAT THE DATA TRANSFERRED THROUGH THE SERVICES WILL ALWAYS BE COMPLETED, ARRIVED TIMELY AND WITHOUT ANY CHANGES.
12. Limitation Of Liability
12.1. IN NO EVENT SHALL www.beautybywhitney.com BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF www.beautybywhitney.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, defend and hold harmless, www.beautybywhitney.com and its managers, directors, shareholders, employees, sub-contractors, agents, licensors and anyone acting on www.beautybywhitney.com’s behalf, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Services, the Content that you post through the Services, any communications that you convey through the Services, or your breach of this Agreement, or any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons rights.