| La Peer Beauty site-Guest/Member
agreement
This Agreement sets forth the terms and conditions which apply
to your use of the La Peer Beauty web site. The right to use the
La Peer web site and any other product or services offered by La
Peer through the La Peer web site is personal to you and is not
transferable to any other person or entity.
1. Definitions.
The "Service" is the products and information operated
by La Peer Beauty on the World Wide Web. "Guest" means
each person who visits the site. "Member" means each person
who registers to use any of the products or services, or features
of the service for which registration is required. Terms and conditions
will apply to both parties, hereafter referred to as "GUEST",
unless otherwise noted.
2. General.
La Peer Beauty shall have the right at any time to change or discontinue
any aspect or feature of the Service, including, but not limited
to, content, products and beauty services, hours of availability,
registration requirements and equipment needed for access or use.
3. Changed Terms.
La Peer shall have the right at any time to impose, change or modify
its other terms and conditions applicable to use of the Service,
or any part thereof, or to impose new terms and conditions. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any reasonable
means including, but not limited to, posting on the service a revised
version of this agreement and notification by posting on the site
and/or conclusively be deemed to constitute acceptance by the guest
of such changes, modifications, additions or deletions. The guest
agrees to review the terms and conditions periodically to be aware
of such revisions.
4. Guest Terms.
A) The service shall be used for lawful purposes only.
B) The Service contains copyrighted materials, trademarks and other
proprietary information including, but not limited to, text, software,
photos, video, graphics, and the entire content of the Service is
copyrighted as a collective work under the United States copyright
laws. La Peer owns a copyright of the selection, coordination, arrangement
and enhancement of such content, as well as in the content original
to it. No Guest may modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit,
any of the content of the Service, in whole or in part. Except as
otherwise expressly permitted under copyright law, no copying or
downloading material from the service will be permitted under copyright
law; no copying, redistribution, publication or commercial exploitation
of express written permission of La Peer Beauty and any other copyright
owner.
C) In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author attribution,
trademark, legend or copyright notice shall be made. Each Guest
acknowledges that he or she does not acquire any ownership rights
by downloading copyrighted materials.
D) No material protected by copyright, trademark or other proprietary
right shall be uploaded, posted or otherwise made available by the
Guest on the Service without the express permission of the owner
of the copyright, trademark or other proprietary right and the burden
of determining that any material is not protected by copyright rests
with the Guests. The Guests shall be solely liable for any damages
resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from any uploading, posting or submission.
E) Each Guest hereby grants to La Peer Beauty a royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform, and display any message posted or participation
in the Service (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or
later developed.
F) Each Member shall provide La Peer Beauty with accurate, complete
and updated information as to his or her name and e-mail address
provided by Member at registration.
G) No Guest may select or use a Guest name or e-mail address of
another person with the intent to impersonate the person; use a
Guest name or e-mail address subject to the rights of any person
other than the Guest without authorization; use a Guest name in
violation of the intellectual property rights of any person; use
a Guest name of any other person to accumulate points; or use a
Guest name that La Peer, in its sole discretion, deems offensive.
H) The foregoing provisions of this section are for the benefit
of La Peer, its affiliates, and third party content providers and
licensors, if any, and each shall have the right to assert and enforce
such provisions directly on its own behalf.
I) Guests/Members grant La Peer Beauty the right to use this information
internally without restrictions for the purposes of, but not limited
to, research, marketing, and content development. Members also grant
La Peer Beauty the right to contact them via e-mail regarding offers,
program updates, survey information or to content deemed worthy
by La Peer Beauty.
J) La Peer Beauty will not release any personal information to
third parties unless expressed permission is granted by the Member.
K) Members may authorize broader use of their contact information
(e.g. names, e-mail address, ect.) for special promotions, market
surveys and award incentives. From time to time, such information
may be provided to reputable third parties for marketing or information
gathering purposes. While La Peer will use reasonable good faith
efforts to require third parties to adhere to its privacy policies,
it does not bear any responsibility for any actions or policies
of such parties. You should be aware that when you voluntarily disclose
personal information (e.g. name, e-mail address, ect.) during these
promotions or through marketing firms, such information can be collected
and used by others and may result in unsolicited messages. (Refer
to Section 5 for Disclaimer of warranty-limitation of liability)
L) Cookies: Cookies are general mechanisms that web servers can
use to store information on the user side of the connection. In
our case, the cookies aren't transmitting any information that the
user hasn't already entered in our site. We use cookies to make
sure that we deliver content specific to your interests, to save
your password so you don't have to re-enter it each time, and to
rotate ads and other content so you don't see them repeatedly.
M) This site has security measures in place to protect the loss,
misuse and alteration of the information under our control. Refer
to section 5 on Limitations of Liability.
N) Should La Peer make any changes in its Privacy Policy, it will
be posted on the site and you will be notified by e-mail. However,
due to the occasional unreliability of e-mail and often-changed
addresses, members are reminded that they must check the site regularly
for any changes to our policies.
O) Changing your Personal Information: You can change your personal
information at any time in member registration.
P) E-Mail notifications: ALL members of La Peer agree to receive
e-mail updates about important information and changes, updates
to our programs. We do this because we need to notify members of
important information notices, changes to terms and conditions and
privacy policies. It also indicates to us if members have changed
their e-mail address, which we need to keep our records current.
If you do not want to receive these, this is conditional of membership
and your membership will be cancelled.
5. Disclaimer of Warranty-Limitation of Liability.
A) Each guest expressly agrees that the use of the Service is at
his or her sole risk. Neither La Peer, its affiliates nor any of
their respective employees, agents, third party content providers
or licensors, if any, warrant that the service will be uninterrupted
or error free: nor do they make any warranty as to the results that
may be obtained from the use of the Service or as to the accuracy,
reliability or content of any information, service, or merchandise
provided through the service.
B) The Service is provided on an as is basis without warranties
of any kind, either expressed or implied, including but no limited
to warranties of title or implied warranties of merchantability
or fitness for a particular purpose, other than those warranties
which are implied by and incapable of exclusion, restriction or
modification under the laws applicable to this agreement.
C) The disclaimers of liability contained in this section 5 apply
to any damages or injury caused by failure of performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication lines failure, theft
or destruction or unauthorized access to, alteration of, or use
of record, whether for breach of contract, tortuous behavior, negligence,
or under any other cause of action. Each Guest specifically acknowledges
that La Peer Beauty is not liable for the defamatory, offensive
or illegal conduct of third parties, including Guests and that the
risk of injury from the foregoing rest entirely with each Guest.
D) In no event will La Peer Beauty or any person or entity involved
in creating, producing or distributing the Service be liable for
any direct, indirect, incidental, special or consequential damages
arising out of the use or inability to use the service or out of
breach of any warranty.
E) La Peer Beauty neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement on the online
service, nor for any offensive, defamatory or obscene posting made
on the service by anyone. Under no circumstances will La Peer Beauty
be liable for any loss or damage caused by a Guest's reliance on
information obtained through the content and/or any postings on
the service. It is the responsibility of each guest to evaluate
the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the service.
F) Each guest specifically acknowledges that in no event will La
Peer Beauty, its affiliates nor any of their respective employees
or agents be liable for any direct, indirect, incidental, special
or consequential damages arising out of the use by such Guest of
any browser owned or operated by any party and/or the downloading
of any software owned or operated by any third party in connection
with this service.
6. Indemnification.
Each Guest agrees to defend, indemnify and hold harmless La Peer,
its affiliates and their respective directors, officers, employees
and agents from and against all claims, demands, causes of action
and expenses, including attorney's fees, arising out of the use
of the service by such guests. In all cases, La Peer Beauty shall
be entitled to a defense using counsel of its choosing, and at the
sole expense of such guest.
7. Termination.
Either La Peer or Guest/Member may terminate this agreement at any
time. Guest's only right with respect to any dissatisfaction with
any terms and conditions of this agreement, any policy or practice
of La Peer Beauty in operating the service, or content available
through the service or any change therein, is to terminate this
agreement by sending written notice by e-mail to: customerservice@lapeerbeauty.com.
8. Trademarks.
Trademarks are the property of La Peer Beauty/beauty2beauty.com,
Inc. All rights reserved. All other trademarks appearing on the
service are the property of their respective owners.
9. Equipment.
Each guest shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of the service, and guests shall be responsible for all
charges related thereto.
10. Privacy policy.
La Peer is produced by Beauty2Beauty Inc, a California corporation
and can be reached at b2b@beauty2beauty.com.
11. La Peer may contain links to other sites where our privacy policy
does not apply.
Members should review the privacy policy at these specific sites
carefully before giving out information because they may not follow
the same policies as La Peer Beauty.
12. Miscellaneous.
This agreement and any operating rules for the service established
by La Peer constitute the entire agreement of the parties with respect
to the subject matter hereof, and supercede all previous written
or oral agreements between parties with respect to such subject
matter. This agreement shall be constructed in accordance with the
internal laws of the State of California, without regard to its
conflict of laws rules. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any proceeding
or subsequent breach or default. The section headings used herein
are for convenience only and shall not be given any legal import. |
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