Accounts and Registrations.
Ownership of Intellectual Property.
The contents of this Site and the App, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”) are the property of Great Clips and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under copyright law and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed by Section 5 below, is strictly prohibited.
Limited License; Permitted Uses.
Portions of this Site may be developed to permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings.
You may not post, submit, upload or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork or other content or information onto the Site or the App that:
contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;
infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights;
is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;
constitutes hate speech.
You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Great Clips possesses the right to change, use, delete, exploit and distribute the Posting in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Any and all Postings shall become the property of Great Clips and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.
Great Clips reserves the right but does not monitor, endorse, edit or screen any Postings. Postings do not necessarily reflect the views or opinions of Great Clips. You acknowledge, understand and agree that Great Clips shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.
Links to Other Websites.
Errors, Corrections and Changes.
Great Clips does not represent or warrant that the Site or App will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site or App will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site or App at any time.
Copyrights and Copyright Agents.
Great Clips respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site;
(d) Your name, physical address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) 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 Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Disclaimer. THIS SITE AND THE APP ARE INTENDED FOR INFORMATIONAL OR SALON SERVICE PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE OR ACCESSED THROUGH THE APP IS NOT INTENDED TO CONSTITUTE LEGAL OR PROFESSIONAL ADVICE.
YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE AND APP ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Limitation of Liability.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT GREAT CLIPS AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THE APP, OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GREAT CLIPS AND YOU. THIS SITE, THE APP AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE AGGREGATE LIABILITY OF GREAT CLIPS AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE OR THE APP, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST GREAT CLIPS AND ANY OF OUR AFFILIATED PARTIES.
Applicable Law, Venue and Jurisdiction.