SalonServices.net is
comprised of the internet sites
www.baby-books-online.com (the
"SalonServices.net Sites"), provides the
information and services on
SalonServices.net Sites to you, the user,
conditioned upon your acceptance, without
modification, of the terms and conditions of
use ("Terms") contained herein. Your use of
SalonServices.net Sites constitutes
agreement with such Terms.
Before using
SalonServices.net Sites, please
carefully read this agreement
relating to your use of
SalonServices.net Sites. By
using SalonServices.net Sites,
you agree to be bound by these
terms and conditions. If you do
not agree to these terms and
conditions, please do not use
SalonServices.net Sites.
SalonServices.net reserves the right, at
SalonServices.net's sole discretion, to
change, modify, add or remove portions of
these Terms periodically. Such modifications
shall be effective immediately upon posting
of the modified agreement to the website
unless provided otherwise (e.g., when
implementing major, substantive changes,
SalonServices.net intends to provide users
with up to fourteen days of advance notice).
Your continued use of the SalonServices.net
Sites following the posting of changes to
these Terms will mean that you accept those
changes.
Use of
SalonServices.net Sites
constitutes full acceptance of
and agreement to the Terms; if a
user does not accept
SalonServices.net's Terms, he or
she is not granted rights to use
SalonServices.net Sites as
defined herein, and should
refrain from accessing
SalonServices.net Sites.
SalonServices.net reserves
the right at any time and from
time to time to modify or
discontinue, temporarily or
permanently, any or all
SalonServices.net Sites (or any
part thereof). SalonServices.net
shall not be liable to any user
or other third party for any
such modification, suspension or
discontinuance except as
expressly provided herein.
By using
SalonServices.net Sites, you
warrant to SalonServices.net
that you will not use
SalonServices.net Sites, or any
of the content obtained from
SalonServices.net Sites, for any
purpose that is unlawful or
prohibited by these Terms. If
you violate any of these Terms,
your permission to use the
SalonServices.net Sites
automatically terminates.
The
SalonServices.net Sites are
owned and operated by
SalonServices.net for the
purpose of software development,
discussion, implementation and
innovation (the "Purpose"). The
SalonServices.net Sites provide
products and services for the
health & fitness industry,
specifically the commercial
indoor sunlamp tanning industry.
All information,
data, text, software, music,
sound, photographs, graphics,
video, messages, or any other
materials whatsoever
(collectively, "Content"),
whether publicly posted or
privately transmitted, is the
sole responsibility of the
person from whom such Content
originated. This means that the
user, and not SalonServices.net,
is entirely responsible for all
Content that he or she uploads,
posts, emails or otherwise
transmits via the
SalonServices.net Sites. No user
shall transmit Content or
otherwise conduct or participate
in any activities on
SalonServices.net Sites that, in
the judgment of
SalonServices.net, is likely to
be prohibited by law in any
applicable jurisdiction,
including laws governing the
encryption of software, the
export of technology, the
transmission of obscenity, or
the permissible uses of
intellectual property.
SalonServices.net reserves
the right to refuse or delete
any Content of which it becomes
aware and reasonably deems not
to fulfill the Purpose. In
addition, SalonServices.net
shall have the right (but not
the obligation) in its sole
discretion to refuse or delete
any Content that it reasonably
considers to violate the Terms
or be otherwise illegal.
SalonServices.net, in its sole
and absolute discretion, may
preserve Content and may also
disclose Content if required to
do so by law or judicial or
governmental mandate or as
reasonably determined useful by
SalonServices.net to protect the
rights, property, or personal
safety of SalonServices.net
Sites' users and the public.
SalonServices.net does not
control the Content posted to
the SalonServices.net Sites and,
as such, does not guarantee the
accuracy, integrity or quality
of such Content. Under no
circumstances will
SalonServices.net be liable in
any way for any Content,
including, but not limited to,
liability for any errors or
omissions in any Content or for
any loss or damage of any kind
incurred as a result of the use
of any Content posted, emailed
or otherwise transmitted via
SalonServices.net Sites.
Each user, by using
SalonServices.net Sites, may be
exposed to Content that is
offensive, indecent or
objectionable. Each user must
evaluate, and bear all risks
associated with the use of any
Content, including any reliance
on the accuracy, completeness,
or usefulness of such Content.
Use,
reproduction, modification, and
other intellectual property
rights to data stored on the
SalonServices.net Sites will be
subject to licensing
arrangements that may be
approved by SalonServices.net as
applicable to such Content.
Content located on any
SalonServices.net-hosted
subdomain which is subject to
the sole editorial control of
the owner or licensee of such
subdomain, shall be subject to
the appropriate license
applicable to such Content, or
to such other licensing
arrangements as may be approved
by SalonServices.net as
applicable to such Content.
You agree not to
sell, resell, or offer for any
commercial purposes, any portion
of the SalonServices.net Sites,
use of the SalonServices.net
Sites, or access to the
SalonServices.net Sites.
SalonServices.net may establish
general practices and limits
concerning use of the
SalonServices.net Sites. While
SalonServices.net will use
reasonable efforts to back up
site data and make such data
available in the event of loss
or deletion, SalonServices.net
has no responsibility or
liability for the deletion or
failure to store any messages
and other communications or
other Content maintained or
transmitted by any
SalonServices.net Site.
SalonServices.net reserves the
right to mark as "inactive" and
archive accounts and/or Content
that are inactive for an
extended period of time.
SalonServices.net reserves the
right to change these general
practices at any time, in its
sole discretion, with notice to
users and the public as
described in Section 1 above.
SalonServices.net, any
SalonServices.net Site or a
third party may provide links to
other websites.
SalonServices.net exercises no
control whatsoever over such
other websites and web-based
resources and is not responsible
or liable for the availability
thereof or the Content,
advertising, products or other
materials thereon.
SalonServices.net shall not be
responsible or liable, directly
or indirectly, for any damage or
loss incurred or suffered by any
user in connection therewith.
Your access and use of linked
websites, including information,
material, products and services
therein, is solely at your own
risk.
The SalonServices.net Sites'
Privacy Statement is applicable
only when you are on an
SalonServices.net Site. Once you
choose to link to another
website, you should read that
website's privacy statement
before disclosing any personal
information.
Each user shall
indemnify, defend and hold
harmless SalonServices.net, and
its parent corporation and
affiliates and their respective
officers, employees and agents,
and each of SalonServices.net's
website partners, from any and
all claims, demands, damages,
costs, and liabilities including
reasonable attorneys' fees, made
by any third party due to or
arising out of that user's acts
or omissions, including claims
arising out of that user's use
of the SalonServices.net Sites;
his or her submission, posting
or transmission of Content or
his or her violation of the
Terms.
EACH USER'S USE OF THE
SalonServices.net SITES IS AT
HIS OR HER SOLE RISK. THE
SalonServices.net SITES ARE
PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND
SalonServices.net ASSUMES NO
RESPONSIBILITY FOR THE
TIMELINESS, DELETION,
MIS-DELIVERY OR FAILURE TO STORE
ANY USER COMMUNICATIONS OR
PERSONALIZATION SETTINGS. EACH
USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO HIS OR HER
COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
SalonServices.net EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
SPECIFICALLY, SalonServices.net
MAKES NO WARRANTY THAT (i) THE
SalonServices.net SITES OR ANY
SERVICE THEREON WILL MEET YOUR
REQUIREMENTS, (ii) ANY USER
ACCESS WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE,
(iii) THE QUALITY OF ANY
CONTENT, PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL
OBTAINED BY ANY USER WILL MEET
HIS OR HER EXPECTATIONS, AND
(iv) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. EXCLUDING
ONLY DAMAGES ARISING OUT OF
SalonServices.net'S GROSS
NEGLIGENCE OR WILLFUL
MISCONDUCT, SalonServices.net
SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN
IF SalonServices.net HAS BEEN
ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM
ANY USER'S USE OR INABILITY TO
USE ANY SalonServices.net SITES
OR SERVICES THEREON; THE COST OF
PROCUREMENT OF SUBSTITUTE
SERVICES; UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE
SalonServices.net SITES; OR ANY
OTHER MATTER RELATING TO THE
SalonServices.net SITES. IN NO
EVENT SHALL SalonServices.net'S
TOTAL CUMULATIVE LIABILITY TO
ANY USER OR OTHER PARTY UNDER
THESE TERMS OF SERVICE OR
OTHERWISE EXCEED $1,000.00. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO
YOU. NOTHING HEREIN SHALL BE
DEEMED TO CREATE AN AGENCY,
PARTNERSHIP, JOINT VENTURE,
EMPLOYEE-EMPLOYER OR
FRANCHISOR-FRANCHISEE
RELATIONSHIP OF ANY KIND BETWEEN
SalonServices.net AND ANY USER
OR OTHER PERSON OR ENTITY NOR DO
THESE TERMS OF SERVICE EXTEND
RIGHTS TO ANY THIRD PARTY. AS
NOTED ABOVE, SalonServices.net
DOES NOT AND CANNOT CONTROL THE
ACTIONS OF SalonServices.net
SITE USERS, VISITORS OR LINKED
THIRD PARTIES. WE RESERVE THE
RIGHT TO REPORT ANY MALFEASANCE
THAT COMES TO OUR ATTENTION TO
THE APPROPRIATE AUTHORITIES. WE
DO NOT GUARANTEE CONTINUOUS
UNINTERRUPTED OR SECURE ACCESS
TO SalonServices.net SITES.
OPERATION OF SalonServices.net
SITES MAY BE SUBJECT TO
INTERFERENCE FROM NUMEROUS
FACTORS OUTSIDE OUR CONTROL.
FURTHER, SCHEDULED AND
PREVENTIVE MAINTENANCE AS WELL
AS REQUIRED AND EMERGENCY
MAINTENANCE WORK MAY TEMPORARILY
INTERRUPT SERVICES OR ACCESS TO
THE WEBSITE. THE DISCLAIMERS OF
WARRANTY AND LIMITATIONS OF
LIABILITY APPLY, WITHOUT
LIMITATION, TO ANY DAMAGES OR
INJURY CAUSED BY THE FAILURE OF
PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO,
ALTERATION OF OR USE OF ANY
ASSET, WHETHER ARISING OUT OF
BREACH OF CONTRACT, TORTIOUS
BEHAVIOUR, NEGLIGENCE OR ANY
OTHER COURSE OF ACTION BY
SalonServices.net.
SalonServices.net respects the
intellectual property rights of
others, and requires that the
people who use the
SalonServices.net Sites do the
same. It is our policy to
respond promptly to claims of
intellectual property misuse.
If you believe that your
work has been copied and is
accessible on this site in a way
that constitutes copyright
infringement, you may notify us
by providing our copyright agent
with the following information
in writing:
(1) the electronic or
physical signature of the owner
of the copyright or the person
authorized to act on the owner's
behalf;
(2) identification of the
copyrighted work that you claim
has been infringed;
(3) identification of the
material that is claimed to be
infringing and information
reasonably sufficient to permit
SalonServices.net to locate the
material, including the full
URL.
(4) your name, address,
telephone number, and email
address.
(5) 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;
(6) a statement, made under
penalty of perjury, that the
above information in your notice
is accurate and that you are the
copyright owner or are
authorized to act on the
copyright owner's behalf.
If SalonServices.net
receives such a claim,
SalonServices.net reserves the
right to refuse or delete
Content as described under
Section 5 hereto, or to
terminate a user's account in
accordance with Section 9.
Our designated agent to
receive notification of claimed
infringement under the Digital
Millennium Copyright Act OF 1998
("DMCA") is Rick Houston, 400
Shearer Blvd, Cocoa, FL
32922
After receiving a claim of
infringement, SalonServices.net
will process and investigate
notices of alleged infringement
and will take appropriate
actions under the DMCA and other
applicable intellectual property
laws. Upon receipt of notices
complying or substantially
complying with the DMCA,
SalonServices.net will act
expeditiously to remove or
disable access to any material
claimed to be infringing or
claimed to be the subject of
infringing activity, and will
act expeditiously to remove or
disable access to any reference
or link to material or activity
that is claimed to be
infringing. SalonServices.net
will take reasonable steps to
expeditiously notify the
subscriber that it has removed
or disabled access to such
material.
Upon receipt of a proper
counter notification under the
DMCA, SalonServices.net will
promptly provide the person who
provided the initial
notification of claimed
infringement with a copy of the
counter notification and inform
that person that it will replace
the removed material or cease
disabling access to it in ten
(10) to fourteen (14) business
days. Additionally,
SalonServices.net will replace
the removed material and cease
disabling access to it ten (10)
to fourteen (14) business days
following receipt of the counter
notice, unless
SalonServices.net's designated
agent first receives notice from
the person who submitted the
initial notification that such
person has filed an action
seeking a court order to
restrain the subscriber from
engaging in infringing activity
relating to the material on the
SalonServices.net system or
network.
You may provide us with a
counter notification by
providing our copyright agent
the following information in
writing:
(1)
your physical or electronic signature;
(2)
identification of the material that has been
removed or to which access has been
disabled, and the location at which the
material appeared before it was removed or
access to it was disabled, including the
full URL;
(3)
a statement under penalty of perjury that
you have a good faith belief that the
material was removed or disabled as a result
of mistake or misidentification of the
material to be removed or disabled;
(4)
your name, address, and telephone number,
and a statement that you consent to the
jurisdiction of Federal District Court for
the judicial district in which your address
is located, or if your address is outside of
the United States, for any judicial district
in which SalonServices.net may be found and
that you will accept service of process from
the person who provided the initial
notification of infringement.
The Terms constitute the
entire agreement between each user and
SalonServices.net and govern each user's use
of SalonServices.net Sites, superseding any
prior agreements. Each user may be subject
to additional terms and conditions that may
apply when that user uses affiliate
services, third party content or third party
software. The Terms and the relationship
between each user and SalonServices.net
shall be governed by the laws of the State
of California without regard to its conflict
of law provisions and each party shall
submit to the personal and exclusive
jurisdiction of the courts located within
the county of Santa Clara, California . If
any provision of the Terms is found by a
court of competent jurisdiction to be
invalid, the parties nevertheless agree that
the court should endeavor to give effect to
the parties' intentions as reflected in the
provision, and the other provisions of the
Terms remain in full force and effect.
Please report
any violations to
info@salonservices.net