Effective Date: June 14, 2024
Thank you for visiting Project Hairstyles! We are delighted to offer you our content and services. Before you engage with our website, app, or services, please read these Terms of Service to understand what to expect when interacting with our platform.
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND PROJECT HAIRSTYLES (“COMPANY,” “WE,” OR “US”).
By accessing or using any website or application with a link to this Agreement, registering an account, or using any content, information, services, features, or resources available through our platform (collectively, the “Services”), or by taking any action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions as published; (2) confirm you are of legal age in your jurisdiction to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services. If you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, conditions, and policies we post separately on the Services (“Supplemental Terms”), which are incorporated by reference into this Agreement. Certain specialized features and tools accessible through our Services are provided by third-party companies and governed by their own terms of service (“Third-Party Terms”). By using such third-party features and tools, you agree that your relationships with these providers will be governed by the applicable Third-Party Terms.
1. Registration; Other Services
1.1 Registration Data. When applying for or registering an account for any of the Services, including subscriptions or access to content (“Account”), you agree to provide accurate, current, and complete information (“Registration Data”) and to promptly update your Registration Data in the event of any changes, including name, payment information, email, or postal address. You agree not to register for an Account if you are barred or suspended from using the Services under any applicable law or by the Company. You further agree not to maintain more than one Account for the same service at any given time. You are responsible for all activities that occur under your Account. You agree not to share your Account or password with anyone and to notify the Company immediately of any unauthorized use of your password or any other breach of security.
1.2 Subscriptions. If you subscribe to a publication or other Service for which there is a recurring charge, you agree to provide and keep current all payment account and contact information so we may continue to deliver and bill you without interruption. If we are unable to charge your selected payment method, we may seek to update your account information with your issuing bank and card association networks. Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which are incorporated by reference into this Agreement.
1.3 Sponsored/Affiliate Content. Certain portions of the Services may include content with links to third-party websites for which the Company may receive compensation when you click or make a purchase. By clicking these links, you understand and agree that you are leaving our platform and visiting a site not controlled by us.
1.4 Lead Generation. Certain portions of the Services may offer you the opportunity to be contacted by third-party suppliers to obtain particular services. By providing your contact information in connection with these Services, you consent to be contacted by these third parties and acknowledge that we have no responsibility or liability in connection with their products, estimates, or services.
1.5 Sweepstakes and Contests. All sweepstakes, contests, and other promotions conducted through the Services will be governed by the official rules applicable to that promotion, which are incorporated by reference into this Agreement.
1.6 Removal of Accounts. The Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree that you have no ownership or property interest in your Account and that all rights to your Account are owned by the Company.
1.7 Privacy Policy. Our information collection and use policies regarding your Registration Data and any other data provided or collected by the Company are detailed in our Privacy Policy, which is incorporated by reference into this Agreement.
2. User Content
2.1 Responsible Party for Content. You understand and agree that all user-generated content posted, displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content they make available through the Services (“User Content”). User Content includes your submission of any ideas, suggestions, documents, and/or proposals to the Company. The Company has no obligation to pre-screen any User Content. You agree to use all User Content and interact with other Users at your own risk. The Company reserves the right, but has no obligation, to pre-screen, review, refuse, or remove any content that violates this Agreement or is otherwise objectionable.
2.2 Ownership of Your Content. The Company does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you post or publish Your Content on or through the Services, you represent that you have all necessary rights to grant the Company the license set forth in Section 2.3. You agree that you have no right or title to any other content that appears on or in the Services, except with respect to Your Content.
2.3 License to Your Content. Subject to any applicable Account settings you select or license agreements you may be asked to agree to when posting Your Content, you grant the Company, its agents, and suppliers an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit Your Content (in whole or in part) in any manner or medium now existing or hereafter developed, including print and electronic storage, for any purpose. This includes the right to exploit any proprietary rights in Your Content and a waiver of any “moral rights” in Your Content. The Company may identify you as the author of Your Content by name, email address, or username as deemed appropriate. You will not receive any compensation for the use of Your Content. Other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. Accordingly, you should be selective about the personal information you disclose.
2.4 Ratings and Reviews. Ratings and reviews posted by Users are User Content that is not endorsed by the Company and does not represent the Company’s views. The Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. To maintain integrity, you agree: (a) to base any rating or review on your actual, first-hand experience; (b) not to provide a rating or review for any business, product, or service with which you have a competitive, ownership, or other economic interest; (c) not to submit a rating or review in exchange for payment or other benefits; and (d) that your review will comply with this Agreement. The Company may exclude or remove any User Content that diminishes the integrity of the ratings and reviews.
2.5 Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (a) infringe any patent, trademark, trade secret, copyright, right of publicity, or other rights; (b) engage in unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, or obscene behavior; (c) send unauthorized or unsolicited advertising or bulk email; (d) engage in commercial activities without our consent; (e) impersonate any person or entity or misrepresent your affiliation; or (f) violate any rules or regulations we post. You alone are responsible for your activities and the content you provide.
3. Ownership of and License to Use Company Services
3.1 Use of the Services. Except for User Content, the Company and its suppliers own the rights, title, and interest in the Services. The Services are protected by copyright and other intellectual property laws. The Company grants you a limited license to use the Services for your personal non-commercial purposes. Any future release, update, or addition to the Services is subject to this Agreement. The Company and its suppliers reserve all rights not granted in this Agreement.
3.2 Trademarks. The Company’s stylized name and related trademarks, graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of the Company and may not be used without permission. Other trademarks on the Services are the property of their respective owners. You will not remove, alter, or obscure any proprietary rights notices incorporated in or accompanying the Services.
3.3 Restrictions on Use of Services. You agree not to:
(a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or commercially exploit the Services or any part of them;
(b) Frame or use framing techniques to enclose any trademark, logo, or Services content;
(c) Use any metatags or hidden text using the Company’s name or trademarks;
(d) Modify, translate, adapt, merge, make derivative works of, circumvent, decrypt, disassemble, decompile, reverse compile, or reverse engineer any part of the Services;
(e) Use manual or automated software, devices, or other processes to “scrape,” harvest, or download data from the Services;
(f) Use any data from the Services to develop any software program;
(g) Access the Services to build a similar or competitive website, application, or service;
(h) Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services;
(i) Remove or destroy any copyright notices or proprietary markings on the Services;
(j) Use the Services in violation of any law;
(k) Attempt to gain unauthorized access to other computer systems through the Services;
(l) Interfere with the proper functioning of the Services;
(m) Harm our Services or interfere with another party’s use or enjoyment of the Services, including introducing harmful code or overloading, spamming, or crashing the Services.
Unauthorized use of the Services immediately terminates the licenses granted by the Company.
3.4 Third-Party Links. The Services may contain links to third-party services. The Company does not control and is not responsible for these third-party services. Your use of all third-party links is at your own risk.
3.5 Embedded Video Links. If you embed videos from our Services, you agree not to alter the content or format and not to insert advertising or promotional messages. You must use the provided video player and not use the videos for software development purposes. You agree to defend, indemnify, and hold us harmless from any claims arising from your use of embedded videos.
4. Indemnification and Limitation of Liability
4.1 Indemnification. You agree to indemnify and hold the Company and its affiliates harmless from any damages, losses, costs, liabilities, and expenses (including attorneys’ fees) arising from claims related to your violation of third-party rights, misuse of the Services, or breach of this Agreement.
4.2 Disclaimer of Warranties and Conditions. The Services are provided “as is” and “as available.” The Company disclaims all warranties, including those related to availability, accuracy, and completeness of the Services. The Company makes no warranty that the Services will meet your requirements or be uninterrupted or error-free. The Company is not liable for any reliance on the information provided through the Services. Our Services are not a substitute for professional advice.
4.3 Disclaimer of Certain Damages. The Company is not liable for indirect, incidental, punitive, exemplary, special, or consequential damages, including loss of profits, data, or business interruption.
4.4 Cap on Liability. The total liability of the Company for any claims arising from this Agreement is limited to the greater of the amount paid by you in the twelve months prior to the claim or $100. This cap does not apply to liability for death, personal injury, or fraud.
4.5 Basis of the Bargain. The limitations of damages are fundamental to the agreement between you and the Company.
4.6 Exclusions. Some states do not allow the exclusion or limitation of certain damages, so some exclusions may not apply to you.
4.7 Survival. The provisions of this section will survive any termination of your Account or this Agreement.
5. General Provisions
5.1 Disclaimer. The information provided through the Services is for informational purposes only and is provided “as is.” The Company makes no guarantees as to the accuracy or completeness of the information.
5.2 Termination. The Company may modify, suspend, or terminate the Services or your access to the Services at any time, for any reason, with or without notice. The Company reserves the right to take legal action for any misuse of the Services.
5.3 Procedure for Making Claims of Copyright Infringement. If you believe content on the Services infringes your copyright, please provide our Copyright Agent with the required information as specified in this Agreement.
5.4 Electronic Communications. Communications between you and the Company will be electronic. You consent to receive communications from the Company electronically and agree that these communications satisfy any legal requirements for written communications.
5.5 Notice. You are responsible for providing the Company with your current email address. Notices will be effective upon dispatch. You may give notice to the Company at the address provided in this Agreement.
5.6 Governing Law and Exclusive Venue. This Agreement is governed by the laws of the State of New York. Any claims arising from this Agreement will be litigated exclusively in the state courts in New York County, New York, or federal courts in the Southern District of New York.
5.7 International Users. The Services are controlled from the United States. Users accessing the Services from other countries do so at their own risk and are responsible for compliance with local laws.
5.8 Export Control. You may not use the Services in violation of U.S. export laws or any other applicable laws. By using the Services, you represent that you are not located in a prohibited country and are not on a restricted list.
5.9 Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior discussions. Any waiver or failure to enforce any provision of this Agreement will not be deemed a waiver of any other provision.
5.10 Questions, Complaints, Claims, Permissions. For any questions, complaints, or claims regarding the Services, please contact our customer service department. For usage and reprint permissions, please email [email protected].
5.11 California Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Division of Consumer Services of the California Department of Consumer Affairs.
Thank you for reading and agreeing to our Terms of Service. Enjoy using Project Hairstyles!