The following terms and conditions govern the use of all the services, products, content (referred to collectively as the “Site” in this document) offered at iBeautify.com. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, iBeautify’s Privacy Policy) and procedures that may be published from time to time on this Site by the creator and owner of this software Salon Net, Inc (“Salon Net”), a Florida corporation.
iBeautify reserves the right to update the TOS at any time. Your continued use of the service after such changes means that you agree to the revised terms even if you have not reviewed them. The most current version of the TOS is always available in this page.
Acceptance of Terms
Please read this Agreement carefully before accessing or using the Site. By accessing or using the website www.iBeautify.com and other services, products, content (collectively, the “Site”) offered by Salon Net, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the service available at iBeautify. In consideration of your use of the Site, you represent that you are of legal age to form a binding agreement and are not a person barred under the laws of any applicable jurisdiction.
Description of Service
The purpose of the Site is to provide a web based tool for you to organize your personal content about users of social networking and other sites including Twitter and others (the “Services”). This Agreement applies to all users of the Site and Services including users who contribute content, information and other materials or services on the Site.
iBeautify does not claim ownership of the data and assets created using this service. The nature, content, intended creation and use of the service is the sole responsibility of the creator or company behind the project. iBeautify reserves the right to update, modify, enhance and transform the Service to any form and use.
Access to the Services
Subject to the terms and conditions of this Agreement, iBeautify may offer to provide the services, products, content, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services iBeautify performs for you, as well as the offering of any materials displayed or performed on the Site or the Services (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”).
iBeautify may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content.
iBeautify reserves the right to restrict a user/company’s bandwidth usage and storage capacity of the Service either directly or indirectly including but not limited to the usage of the service . This is done in order to protect any disruptions to other users by conserving resources.
iBeautify may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
iBeautify reserves the right, at its discretion, to modify this Agreement or Content at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You certify to iBeautify that if you are an individual (i.e., not a corporation) you are at least 13 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site and use the Services is revoked in such jurisdictions.
The Site can only be accessed from servers owned or leased by iBeautify, or its owner Salon Net. Users need to register for an account and accept these terms and other legal documents to use the Site.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, Services and Website or any part thereof owned or licensed by iBeautify, or its owner Salon Net, unless this is required by law.
iBeautify will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by iBeautify to minimize such disruption where it is within iBeautify’s reasonable control. YOU AGREE THAT NEITHER PEEPNOTE NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Content of the Site and Services
You may, to the extent the Site expressly authorizes you to do so, download or copy software accessible from the Site or the Content, and other items displayed on the Site or Services for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content; otherwise, you shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from iBeautify, or from the copyright holder identified in such Content’s copyright notice. All trademarks, service marks, and trade names which appear on the Site or through the Services (other than those appearing in any Content posted by a User) are proprietary to iBeautify and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You acknowledge and agree that if you use any of the Services to contribute Content to the Site or Services (“User Content”), you hereby do and shall grant iBeautify a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights”. To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by iBeautify and agree not to assert any Moral Rights with respect thereto. You also hereby do and shall grant each user of the Site and the Services a nonexclusive license to access your User Content through the Site and the Services and to use such User Content as permitted through the functionality of the Site and the Services and under this Agreement. You warrant, represent and agree that you have the right to grant iBeautify and the Site the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
iBeautify reserves the right to remove any User Content from the Site and the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if iBeautify is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You understand that iBeautify shall have the right to reformat, excerpt or translate any User Content submitted by you, that all information publicly or privately transmitted through the Site and the Services is the sole responsibility of the person from whom such information originated and the iBeautify will not be liable for any errors or omissions in content, and that iBeautify cannot guarantee the identity of any other Users with whom you may interact in the course of using the Site and the Services or the authenticity of data provided by other Users. You are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username (whether in the form of comments to a Circle or any other form). If you believe User Content residing on the Site or the Services infringes a copyright, please see our Copyright Policy below.
Any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to iBeautify shall become the property of iBeautify or its designee. iBeautify will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, iBeautify will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not iBeautify, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Restrictions
You are responsible for all of your activity in connection with the Services and accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any iBeautify user.
You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Services.
Warranty Disclaimer
iBeautify has no special relationship with or fiduciary duty to you. You acknowledge that iBeautify has no control over, and no duty to take any action regarding: which users gain access to the Site or Services; what Content you access via the Site or Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release iBeautify from all liability for your having acquired or not acquired Content through the Site. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. iBeautify makes no representations concerning any content contained in or accessed through the Site or Services, and iBeautify will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, PEEPNOTE DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE THAT PEEPNOTE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE OR SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE OR SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE OR SERVICES; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
Third Party Websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of iBeautify or the Site. Unless explicitly otherwise provided, neither iBeautify nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. iBeautify and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or iBeautify with respect to such sites and third party content.
Registration and Security
As a condition to using Services, you may be required to supply iBeautify with certain registration information, including registration information for third party services you access through iBeautify. You shall provide iBeautify with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to and/or use of the Site or Services. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. You shall never use another User’s account or registration information, for iBeautify or any third party services you access through iBeautify, without permission. iBeautify reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your iBeautify password.
You hereby irrevocably authorize iBeautify to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
Indemnity
You will indemnify and hold iBeautify, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Site or use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity. Limitation of Liability
IN NO EVENT SHALL PEEPNOTE, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. PEEPNOTE’S AND THE SITE’S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
Termination
Either party may terminate the Services at any time by notifying the other party by any means. iBeautify may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Privacy
Please review our Privacy Policy, which governs the use of personal information by iBeautify and to which you agree to be bound as a user of the Site and Services.
Dispute Resolution
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and iBeautify agree that any cause of action arising out of or related to the Site or Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of the Florida, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Tampa, Florida, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Tampa, Florida. Use of the Site and Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
Miscellaneous
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. iBeautify shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond iBeautify’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by you except with iBeautify’s prior written consent. iBeautify may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Both parties agree that this Agreement (including the Privacy Policy) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind iBeautify in any respect whatsoever.
Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support at ibeautify.com.