PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply solely to your access to and use of the web sites of Facial Beauty PLLC (FB), located at www.facialbeauty.com and any other sites operated by Beauty Development LLC (BD) which link to these Site Terms (the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Facial Beauty PLLC and/or Beauty Development LLC, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf and that such entity agrees to indemnify you and FB and/or BD for violations of these Terms.
Facial Beauty PLLC and/or Beauty Development LLC reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and at their sole discretion. Any changes or modifications will be effective immediately upon positing the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Sites. All questions or comments about the Sites or its contents should be directed to [email protected].
2. Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content or other materials on the Sites, including without limitations, the FB and/or BD logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of FB and/or BD or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sub licensable license to access and use the Sites and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include; (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of FB/BD, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including the limited copyright and trademark laws and applicable communications regulations and statues. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, BD has adopted a policy of terminating, in appropriate circumstances and at BD’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. BD may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Copyright Complaints
If you believe that anything on the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: David Santos.
Full Address of Designated Agent to Which Notification Should Be Sent: 12301 NE 10th Place, Suite 101, Bellevue, WA 98005.
Telephone Number of Designated Agent: (425) 227.4000 Facsimile Number of Designated Agent: (425) 502.7781
Email: [email protected]
Please see 17 U.S.C. 512 (c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorney’s fees, incurred by us or the alleged infringers the result of our relying upon such misrepresentations in removing or disabling access to the material or activity claimed to be infringing.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray FB and/or BD or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FB and/or BD logo or other proprietary graphic of FB and/or BD to link to these Sites without the express written permission of Beauty Development LLC and/or Facial Beauty PLLC. Further, you may not use frame or utilize framing techniques to enclose any FB and/or BD trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without FB and/or BD’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, and copyright or proprietary right of FB and/or BD or any third party.
FB and/or BD makes no claim or representation regarding and accepts no responsibility for the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web Sites linking to the Sites. Such Sites are not under the control of FB and/or BD. Furthermore, FB and/or BD is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FB and/or BD provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by FB and/or BD of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
6. Third Party Content
FB and/or BD may provide third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. FB and/or BD does not control,
endorse or adopt any Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that FB and/or BD is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review and Third Party Content. Users use such Third Party Content contained therein at their own risk.
7. Third Party Products and Services
FB and/or BD may provide or allow users to provide information about links to third-party products or services on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. FB and/or BD is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non- affiliated advertisers or third party information on the Sites.
You acknowledge and agree that any questions, comments, suggestions, feedback, ideas, information or materials regarding the Sites, FB and/or BD’s general products or services (but excluding client information) (the “Feedback”) that are provided by you in the form of email or other submissions to FB and/or BD, or any postings on the Sites, are (as between you and FB and/or BD) non-confidential and shall become the sole property of FB and/or BD. FB and/or BD shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
9. User Content and Interactive Services or Areas
The Sites may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, data, information, text, music, sounds, photos, video, graphics, applications, code or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post upload to transmit, distribute, store, create or otherwise publish through the Sites any of the following;
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of FB and/or BD, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose FB and/or BD or its users to any harm or liability of any type. FB and/or BD takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FB and/or BD liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at FB’s and/or BD’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, FB and/or BD is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although FB and/or BD has no obligation to screen, edit, or monitor any of the Content posted into the Interactive Area, FB and/or BD reserves the right and has absolute discretion to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you post User Content to the Sites, unless we indicate otherwise, you grant FB and/or BD and its affiliates a non- exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, perform and display such User Content throughout the world in any media (on or in connection with the Sites and the promotion thereof) (including without limitation the right to use your name, likeness, voice or identity). You grant FB and/or BD and its affiliates and sub-license the right to use the name that you submit in connection with such content, if we choose. You understand and agree that the use of your or other users name, likeness, voice or identity in connection with various features on the Sites does not imply any endorsement of such feature or of the Sites of FB and/or BD unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
10. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to FB and/or BD, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to FB and/or BD.
You agree to defend, indemnify and hold harmless FB and/or BD, its independent contractors, service providers and consultants and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suite, demand or claim made against the FB and/or BD and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
Except as expressly provided to the contrary in a writing by FB and/or BD, the Sites, the site materials contained therein and the services provided on or in connection therewith (the “Services”) are provided on an ‘as is” basis without warranties of any kind, either express or implied. FB and/or BD disclaims all other warranties, express or implied, including without limitation, implied warranties or merchantability fitness for a particular purpose, title and non-infringement as to the Sites and the services, including the information, content and materials contained therein. FB and/or BD do not represent or warrant that materials in the Sites or the services are accurate, complete, reliable, current or error-free. FB and/or BD do not represent or warrant that the Sites or its servers are free of viruses or other harmful components.
FB and/or BD is not responsible for typographical errors or omissions relating to pricing, text or photography. While FB and/or BD attempts to make your access and use of the Sites and the services safe, FB and/or BD cannot and does not represent or warrant that the Sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
FB and/or BD reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or any Services offered through the Sites or any features or functionality of the Sites or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FB and/or BD.
13. Limitation of Liability
In no event shall FB and/or BD, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise arising out of or in any way connected with the use of or inability to use the Sites, the services, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by user on any information obtained from FB and/or BD, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays, in operation or transmission or any failure of performance, whether or not resulting from an act of God, communication failure, theft, destruction or unauthorized access to FB and/or BD’s records, programs or services. In no event shall the aggregate liability of FB and/or BD, whether in contract, warranty, tort (including negligience, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites or the Services or to these Site terms exceed any compensation you pay, if any, to FB and/or BD for access to or use of the Sites.
14. Applicable Law and Venue
These Site terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the State or Federal courts
located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, FB and/or BD reserve the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Questions and Contact Information
Questions or comments about the Sites may be directed questions or comments about the Sites may be directed to: [email protected].