BARBERSHOPCONNECT.COM (THE "SITE") IS OWNED AND OPERATED BY HOT IN HERE, INC (“BSC”, “WE” OR “US”) AND PROVIDES ITS SERVICES (COLLECTIVELY WITH THE SITE, THE “SERVICE”) FOR YOUR PERSONAL ENTERTAINMENT, INFORMATION, EDUCATION AND COMMUNICATION. PLEASE FEEL FREE TO BROWSE THE SITE. HOWEVER, YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE ("TERMS OF USE") AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS OF USE BELOW.
Eligibility
The Service is intended solely for users located in the United States who are 13 years of age or older. If you are not located in the United States or if you are under the age of 13, you are not permitted to use the Service.
Ownership Rights
You acknowledge and agree that BSC (and in certain instances its licensors) owns all legal right, title and interest in and to the Services, including without limitation any intellectual property right which make up the Service. You will not do anything that might impair BSC's rights, titles or interests in the Service (and any and all elements thereof). CPS does not warrant to the copyright ownership of any content submitted by users of the Service, including but not limited to software, messages, photographs, audio, video, text, or other materials provided by a User through the Service (collectively, "User Content") .
User Account
When you become a Registered User, you provide us with certain information including, without limitation, name, email address, age, and a password chosen by you (collectively, the “Registration Data”) that identifies you as a Registered User (the “User Account”). The Registration Data submitted by you to create your User Account will be used in accordance with the Site’s Privacy Policy.
By creating a User Account, you agree to:
• provide accurate, current, and complete Registration Data about you as may be prompted by any registration forms on the Website, and to keep the Registration Data current and complete;
• maintain the security of your User Account password and identification and not disclose your password to any third party;
• be fully responsible for all use of your account and for any actions that take place using your account.
You understand and acknowledge that you have no ownership rights in your User Account, and that if you cancel your User Account or if your User Account is deactivated for any reason, you may lose all your account information retained by the Service. Such information will be marked as deactivated and may be deleted from our databases. UPON CANCELLATION YOU WILL LOSE ALL PRIVILEGES OF BEING A REGISTERED USER.
Content in the Service
You understand that all information which you may have access to through your use of the Service is the sole responsibility of the person or entity from which such content originated. Content provided to BSC is not investigated, monitored, or checked for accuracy or appropriateness by us, and we are not responsible for any content provided to us, including without limitation, the subject matter, accuracy, offensiveness, opinions, reliability, and any links contained with such content. You use the Service, and access any content through the Service, at your own risk.
If you choose to upload, submit, or otherwise directly provide User Content through the Service, you must comply with these Terms of Use and with any rules or guidelines posted on the Service that allows such upload or submission. Our Privacy Policy will govern the use by BSC of any information that you provide to us whether such information is collected automatically, such as your IP address, or you choose to upload, submit, or otherwise directly provide such information to us.
If BSC becomes aware of any User Content that violates these Terms of Use or other posted rules or guidelines on the Services, or that it believes to be otherwise objectionable, BSC may, but is not required to, act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these Terms of Use.
To the extent that you provide any User Content, you represent, warrant, and agree that you have the right to make such content available and that it will not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, attorney-client privilege, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. By submitting User Content, you grant BSC, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, royalty-free, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote the content in any medium. You hereby waive and agree not to enforce any moral rights you may have in and to any of your User Content, even if such material is altered or changed in a manner not agreeable to you.
You agree that users, and not BSC or its parent, subsidiaries, affiliates, employees, or agents, are entirely responsible for User Content and that BSC may not be held liable for User Content or any loss or damage incurred by you or any other party as a result of any User Content. BSC does not guarantee (except as provided in the Privacy Policy) that User Content will be private or protected from disclosure, even if you the content provided is publicly available on the Services. Accordingly, you agree not to make User Content or make other information available to the Services that you want to protect from being distributed to others.
Prohibited Content & Activities
In addition to any other requirements of these Terms of Use, you further agree that while using the Service, you will not to do any of the following:
• use the Service in any manner that could damage, disable, overburden or impair the Service;
• use automated scripts to collect information from, or otherwise interact with the Service;
• use the Service to make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
• use the Service to make available any 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;
• use the Service to make available 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;
• unless prior permission is granted by us, register for more than one User Account, register for a User Account on behalf of an individual other than yourself, or register for a User Account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
• express or imply that any statements you make are endorsed by BSC;
• decipher, decompile, disassemble or reverse engineer any of the software comprising of, or in any way making up all or part of the Service.
User Comments
The Site may include sections for user comments which allow for feedback to BSC. BSC does not control the content or information provided in the user comment section, unless otherwise noted therein, and BSC has no obligation to monitor such comments. However, BSC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BSC's sole discretion are objectionable or in violation of these Terms of Use.
Disclaimer of Warranty
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Services, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.
THE SERVICE AND ANY CONTENT MADE AVAILABLE BY THE SERVICE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BSC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BSC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR TIMELINESS OF ANY CONTENT OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, TEXT, GRAPHICS, AND LINKS.
BSC DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BSC IS NOT RESPONSIBLE FOR THOSE COSTS.
Limitation on Liability
You specifically acknowledge and agree that BSC is not liable for any defamatory, offensive or illegal conduct of any user.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL BSC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS MADE AVAILABLE THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED OR OPINIONS GIVEN THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.00.
Notice and Procedure for Making Claims of Copyright Infringement
If any copyrighted work is made available through the Service in violation of a copyright, the owner of such copyright or its authorized representative may provide us with a written communication or notice pursuant to the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. § 512(c)(3) (the “DMCA Notice”). The DMCA Notice should be sent to [PLEASE MAKE SURE TO INSERT THE NAME OF BSC’S DESIGNATED AGENT, OR EMAIL US AND WE CAN INSERT IT FOR YOU], who is BSC’s “Designated Agent” and can be contacted as follows:
• By Mail:
• By Telephone:
• By Email:
The DMCA Notice to the Designated Agent should include the following:
• Signature of Copyright Owner or Agent - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the Copyrighted Material - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single written notice, a representative list of such works.
• Identification of the Allegedly Infringing Material - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BSC to locate the material.
• Contact Information - Information reasonably sufficient to permit BSC to contact the sender of the DMCA Notice, such as an address, telephone number, and, if available, an electronic mail address at which the sender may be contacted.
• Good Faith Belief of Infringement - A statement that the sender of the DMCA Notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• Accuracy and Authority - A statement that the information in the DMCA Notice is accurate, and under penalty of perjury, that the sender of the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that a sender of a DMCA Notice may be liable for damages, including court costs and attorneys fees, if the sender materially misrepresents that content made available through the Service infringes upon the copyright of another.
[TO ENSURE COMPLIANCE WITH THE DMCA SAFE HARBOR FOR SERVICE PROVIDERS PER 17 USC § 512(c)(2) THE AGENT SHOULD BE REGISTERED WITH THE U.S. COPYRIGHT OFFICE BY SUBMITTING AN $80 FEE WITH THE FORM
FOUND HERE: http://www.copyright.gov/onlinesp/agent.pdf ]
Third Party Sites
BSC may provide links and pointers to Internet sites maintained by others ("third party sites"). BSC has not reviewed all of the third party sites linked to the Site and is not responsible for the contents of or any products or services offered in such third-party sites.
Termination
We may delete any User Content that you have provided through the Service and/or otherwise prohibit you from using or accessing the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice.
Security
This Site has security measures in place to protect against loss, misuse and/or alteration of the information that you provide. Please note that we cannot guarantee the security of personal information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. However, we have taken every precaution technically possible to prevent any unauthorized access to the contents of this Web server.
Children’s Privacy
This Site is a general audience website. We do not knowingly collect any personal information from children younger than the age of thirteen (13) on this Site and we will delete any information later determined to be from a user younger than thirteen (13). If you believe we have collected any information through this Site from or about anyone under 13, please contact us. By providing any information to us through the Site (e.g., through a form) about a child under 13, you hereby agree, represent and certify (a) that you are the parent or legal guardian of such child, (b) that you will not or have not provided your child’s name or email address through the Website, or in the event you do, that we can immediately delete such information from our Website’s data files upon receipt upon becoming aware that such child is under 13, and (c) that we may use such information to respond to you and that such action will not violate the Children’s Online Privacy Protection Act (http://www.coppa.org/).
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
Software from this Site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or reexported into any country to which the U.S. has embargoed goods.
Miscellaneous
BSC may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
These Terms of Use constitute the entire agreement between you and CPS regarding your use of the Service, superseding any prior agreements between us relating to your use of the Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision is held invalid, the remaining provisions of these Terms of Use shall continue in full force and effect. If any provision of these of Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Contact Us
If you need to contact us regarding these Terms of Use, we can be reached at [email protected]