User Terms and Privacy Policy

Subject to the terms and conditions of this END USER LICENSE TERMS AND PRIVACY POLICY (this "Agreement), WhoDoesYourHair.com and its parent and subsidiary companies (collectively, "Licensor", "we", "us" or "our") grant you a non-exclusive, revocable, limited license, to (a) use the most current generally available version of the website including all updates thereto), and (b) use the Salon and Stylist Web Pages template and tools, gift certificate transactions you download and install solely for your personal, non-commercial purposes. "Website" means WhoDoesYourHair.com website and all features available. "Website" means all the websites associated with the features of WhoDoesYourHair.com.

 License Conditions

WhoDoesYourHair.com owns the Salon Directory, Salon Web Page Template and all associated technologies. The Website, including all code, content, protocols, software, and documentation provided to you by Licensor are Licensor's property or the property of Licensor's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the WhoDoesYourHair.com Salon Directory and/or Salon Web Pages. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Website at any time, and we may at any time suspend or terminate any license hereunder and disable access to the Website or any of its component features.

You cannot buy, sell, or tamper with the Website Salon Directory or Salon Web Page Template. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Website for the benefit of any third party. You may not access the Website on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Website or the Websites, except to cancel from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify reverse-engineer, decompile, disassemble, or otherwise discover the Website or attempt to do so for any reason. You may not access, create or modify the source code of the Website in any way. You do not have the right to and may not create derivative works of the Website. All modifications or enhancements to the Website remain the sole property of Licensor.

Ownership of Content you Submit. You retain ownership of all rights in the content that you display on or through the use of the Website.  However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of our services. If at our request you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of WhoDoesYourHair.com. None of the Submissions shall be subject to any obligation of confidence on the part of the Website. WhoDoesYourHair.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing,  WhoDoesYourHair.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

 

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  2. WhoDoesYourHair.com does not pre-screen Content, but WhoDoesYourHair.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright©, behindthechair.com, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from WhoDoesYourHair.com.

You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Website.

You may use Website only for lawful purposes. The services we provide are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Licensor Websites. You agree not to use the Website, or any other services provided by Licensor to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound

Links and Search Results. The Website may provide access to search results or other links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 site or resource.

Access to Content through Website. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Website, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by using the Website you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Website links to such Content from the Websites.

The Website is exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Website, and any information you download or offer to share by means of the Websites, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting there from. For image content posted to or uploaded, we do not store any backup images and you are solely responsible for create and/or save of photos that you upload and share.

 

 

Copyright Protection of Content you display using our services

You are solely responsible for the Content you display on or thorough the use of the Website. It is your obligation to ensure that the display of any Content including photos, text, video and files, is not violating any copyright. You must either own or have a license to use any copyrighted Content that you display on the Websites.

Licensor respects and expects its users to respect the rights of copyright holders. On notice, Licensor will act appropriately to remove Content that infringes the copyright rights of others. Licensor reserves the right to disable the access to the Websites or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyright rights, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Objectionable Content. Licensor will also act appropriately to remove Objectionable Content. "Objectionable Content" is includes, but is not limited to:

  • Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
  • Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
  • Content that may harm minors in any way;
  • Content that has the goal or effect of "stalking" or otherwise harassing another
  • Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
  • Content that is vulgar, offensive, obscene or pornographic,
  • Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

If we become aware that, while using any Website, you have uploaded, posted or shared Objectionable Content, we may disable your account.

 

 

Disclaimer of Warranty

YOUR ACCESS AND USE OF THE TECHNOLOGY, WEBSITES AND SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE. WE PROVIDE THE SOFTWARE, THE WEBSITES AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WhoDoesYourHair.com MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

 Limitation of Liability

YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "COVERED PARTIES") ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE TECHNOLOGY, SITES OR SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES, (D) RELIANCE ON CONTENT OR POSTINGS ON THE SITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE SOFTWARE, THE SITES OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.

 Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WHODOESYOURHAIR.COM, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY WHODDOESYOURHAIR.COM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

 

The USER LICENSE TERMS AND PRIVACY POLICY, and the relationship between you and us are governed by the laws of the State of Illinois, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of DuPage.

Severability. if any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Actions Brought Against Us; No Waiver. You agree that any claim or cause of action arising out of your use of the Software, the Sites, the Services, or this Agreement, including the Privacy Policy, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

When agreeing to the User Agreement, you will be participating in the WhoDoesYourHair.com Salon Directory and Monthly Membership, Salon and/or Stylist Space Web Page and unique salon URL address, Pay per Click, Pay per Call Payment Model, marketing opportunities and gift certificate sales programs. You will be billed on a monthly basis on the credit card that is submitted at the time of registration for your WDYH Membership and only for the actual client clicks.