Thank you for
being a member of Your Beauty Network™ (YBN) a Business Support Service for
salon and spa professionals (“Service”) that provides daily, weekly, and
monthly business information and tools that are useful for YBN members. A key
component to our service is our website, located at www.ybn.com (“Site”).
It offers a large selection of business information, templates and tools that
are typically not available to salon and spa professionals. Your Beauty
Network, Inc. ™ and affiliates ("we, us, our") have established the
following terms and conditions so that we (we and you) know what to expect from
each other. By using the Service you agree to be bound by the terms set forth
herein. We may make changes to the Service, these Terms of Use, or the policies
and conditions that govern the Service at any time and we encourage you to
review these terms periodically for any updates or changes. They are located on
the Site at www.ybn.com/help/participation.asp or by calling us at (866)
364-4926. Your continued use of the Service shall be deemed your acceptance of
these changes and the reasonableness of these standards for notice of changes.
TRADEMARKS Your Beauty Network™ is our trademark and service mark: All
other trademarks, product names, and company names and logos appearing on our
Marketing Materials or on the Site are the property of their respective owners.
YOUR OBLIGATIONS In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete information about yourself
as requested for your account information (the "Account Information")
and (b) maintain and promptly update the Account Information to keep it true,
accurate, current and complete. Account Information and certain other
information about you is subject to our Privacy Policy. For more information,
please see our full privacy policy at www.ybn.com/help/privacy.asp
You will
receive a password and member ID# after you successfully complete and return
the membership agreement. You are responsible for maintaining the
confidentiality of the password and member ID# and are fully responsible for
all activities that occur under your password or Member ID#. You agree to
immediately notify us of any unauthorized use of your password or member ID# or
any other breach of security.
SITE CONDUCT Any conduct by you that in our sole discretion restricts or
inhibits any other user from using or enjoying the Site will not be permitted.
You agree to use the Site only for lawful purposes. You are prohibited from
posting on or transmitting through the Site any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
fraudulent, racially, ethnically, or otherwise objectionable material of any
kind, including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law. You agree
that your use of robots, spiders, crawlers, wanderers, Web agents and other
such automated processes on the Site will be Standard for Robot Exclusion (SRE)
-compliant robots. You agree not to violate any of the robot access policies
and acknowledge that any violation of the policies may result in termination of
your access to the Site, deactivation or deletion of your account and all
related information and files in your account, and preclusion of any further
access to such files or the Site, without prior notice. You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site, or access to the Site. You
agree not to access the Site by any means other than through the interface that
is provided by us for use in accessing the Site.
SITE CONTENT You acknowledge that the Site contains information, data,
software, photographs, graphics, videos, text, images, typefaces, sounds, and
other material (collectively "Content") that are protected by
copyrights, trademarks, or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work under
the U.S. copyright laws, and we own a copyright in the selection, coordination,
arrangement, and enhancement of such Content. You may not modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any of the Content, in
whole or in part. If no specific restrictions are displayed, you may make
copies of select portions of the Content, provided that the copies are made
only for your personal, information and noncommercial use and that you do not
alter or modify the Content in any way, and maintain any notices contained in
the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding sentence or as
permitted by the fair use privilege under the US copyright laws (see e.g. 17
U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any
way Content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other proprietary right.
In addition to the foregoing, use of any software Content shall be governed by
the software license agreement accompanying such software, if any.
DISCLAIMERS YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR
EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"),
MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS
("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"),
WARRANT THAT THE SITE 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 SITE, OR AS
TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE,
OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR
AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS,
MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE A WARRANTY. All
information contained on the Site is for informational purposes only. It is
often presented in summary or aggregate form. YOU SHOULD CAREFULLY READ ALL
INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT
PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE SITE.. Further,
we explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from the Site from
third parties associated or not associated with us. We encourage discretion
when browsing the Internet using our or anyone else's service. Because some
sites employ automated search results or otherwise link you to sites containing
information that may be deemed inappropriate or offensive, we cannot be held
responsible for the accuracy, copyright compliance, legality, or decency of
material contained in third-party sites, and you hereby irrevocably waive any
claim against us with respect to such sites.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF
PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR
INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE
SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY LAW. You agree to indemnify and hold us, and
our subsidiaries, affiliates, officers, directors, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Site, your use of the Site,
your connection to the Site, your violation of the Terms of Use, or your
violation of any rights of another.
EXPORT The U.S. export control laws regulate the export and re-export of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to certain
foreign nationals. You agree to abide by these laws and their regulations -
including but not limited to the Export Administration Act and the Arms Export
Control Act and not to transfer, by electronic transmission or otherwise, any
Content derived from the Site to either a foreign national or a foreign
destination in violation of such laws.
OUR RIGHTS We may elect to electronically monitor areas of the Site and
may disclose any Content, records, or electronic communication of any kind (i)
to satisfy any law, regulation, or government request; (ii) if such disclosure
is necessary or appropriate to operate the Site; or (iii) to protect our rights
or property or the rights of the users, Sponsors, Providers, Licensors, or
Merchants. We are not responsible for screening, policing, editing, or
monitoring such Content. If notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content, we may investigate the allegation and
determine in our sole discretion whether to remove or request the removal of
such Content from the Site. We may terminate your access, or suspend your
access to all or part of the Site, without notice, for any conduct that we, in
our sole discretion, believe is in violation of any applicable law or is
harmful to the interests of another user, a third-party Provider, Merchant,
Sponsor, Licensor, service provider, or us.
LINKS TO THIRD PARTY SITES Occasionally, we may make available a link to
a third party's web site. These links will let you leave the Site. The linked sites
are not under our control and we are not responsible for the contents of any
linked site or any link contained in a linked site, or any changes or updates
to such sites. We are not responsible for webcasting or any other form of
transmission received from any linked site. We provide the links to you only as
a convenience. We do not endorse the site or its use or contents.
Submissions We are pleased to hear from our customers and welcome your comments
regarding our products, including the Site. We request that you be specific in
your comments on our services and products. If you send us comments,
suggestions, ideas, materials, notes, drawings, concepts, or other information
(collectively, "Submissions"), the Submissions shall be deemed, and
shall remain, our property. None of the Submissions shall be subject to any
obligation of confidence on our part, and we shall not be liable for any use or
disclosure of any Submissions. Without limiting the foregoing, you agree that
we shall exclusively own and hereby assign to us without compensation or
further obligation 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, including the right to publish on the Site or elsewhere and to use
the Submission, including any suggestions, ideas, etc. contained herein.
APPLICABLE LAW We control the Site from our offices within the United
States of America. We make no representation that the Content in the Site is
appropriate or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those who choose to
access the Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or
export the Content in violation of US export laws and regulations. Any claim
relating to the Site, the services provided through the Site or the Content
shall be governed by the internal laws of the state of California, without
reference to its choice of law provisions.
TERMINATION These terms are effective until terminated by either party
in writing. If you no longer agree to be bound by the Terms of Use, you must
cease your use of the Service. Subject to applicable law, we reserve the right
to suspend or deny, in our sole discretion, your access to all or any portion
of the Service with or without notice. You agree that any termination of your
access to the Service may be effected without prior notice, and acknowledge and
agree that we may immediately deactivate or delete your account and all related
information and files in your account and bar any further access to such files
or the Service. Further, you agree that we shall not be liable to you or any
third-party for any termination of your access to the Service.
SHIPPING ADDRESS To make purchases from YBN, you must have a shipping
address in the United States, Canada or Mexico.
GENERAL INFORMATION These Terms of Use constitute the entire agreement
between us (you and us) and govern the use of the Service. You also may be
subject to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. Our failure to exercise
or enforce any right or provision of the Terms of Use shall not constitute a
waiver of such right or provision. If any provision of the Terms of Use 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 of Use remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or the Terms of Use must be filed within one
year after such claim or cause of action arose or be forever barred. The
section titles in the Terms of Use are for convenience only and have no legal
or contractual effect.
COPYRIGHT COMPLAINTS We respect the intellectual property of others, and
we ask our users to do the same. If you believe that your work has been copied
and is accessible on the Site in a way that constitutes copyright infringement,
you may notify us by providing our copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; 2. a description of the
copyrighted work that you claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work; 3. identification of the URL or other specific
location on the Site where the material that you claim is infringing is
located; 4. your 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 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. Our agent for notice of claims of copyright
infringement on the Site can be reached as follows:
By mail: Legal Dept., Your Beauty Network, Inc. 2103 Camino Vida Roble Suite B, Carlsbad,
CA. 92011 By phone: (866) 364-4926 By fax: (760) 929-2612 By email:
info@ybn.com