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CONTENTS |
Copyrights 1.1 Welcome to the Professional Beauty Network (PBN), Empowerment of the Beauty Professional. We hope that you enjoy your learning experience and thank you for your business. These Copyright Laws (collectively, the "Agreement") govern your use of Professional Beauty Network's OnLine E-Training Center, an Internet subscription service operated by Professional Beauty Network (the "Service"). The Service consists of computing and information services and software, information, interactive forums and other content provided by Professional Beauty Network and its affiliates (collectively "PBOEC"). In addition, third parties provide information, software and other content, licensed by Professional Beauty Network, which may be accessed over the Service. 1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service, enrolling in a class, workshop or seminar, downloading an e-book, or by purchasing any of our physical products. Professional Beauty Network reserves the right, in its discretion, to change or modify all or any part of this Agreement, at any time. Such changes or modifications shall be effective immediately upon publication on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions including any changes or modifications made by Professional Beauty Network as permitted above. If at any time, any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. Professional Beauty Network is not obligated to refund any portion of fees paid or which remain payable, but it may consider requests for refund in its sole and absolute discretion. This Agreement is the entire agreement relating to its subject matter between you and Professional Beauty Network and it supercedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement. Professional Beauty Network grants you the right, with a standard web browsing program not supplied by Professional Beauty Network (a "Browser") to use the Service that contains information, software, photographs, audio and video clips, graphics and other material (collectively, the "Content") for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content at a time. You may not share your access nor distribute any Content from the Service to others without the prior written permission of Professional Beauty Network. 3.1 You acknowledge that the Service contains Content that is protected by copyright, trademark or other proprietary rights of Professional Beauty Network, its affiliates, or third parties. All Content on the Service is copyrighted as a collective work of Professional Beauty Network pursuant to applicable copyright law or has been licensed by Professional Beauty Network. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the individual, noncommercial use of the registered subscribers of the Service. 3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. 3.3 You may download or copy the Content only for your own individual use, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Professional Beauty Network or the owners of such Content. 3.4 You may upload to or download from the Service any Content in the public domain (content that is not protected by copyright or other law) for your own individual use or for noncommercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices that may be posted on such Content. 3.5 You grant to Professional Beauty Network, the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence. You may use the student forum for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Service, any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to Professional Beauty Network in its sole and absolute discretion, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not use the Service for any commercial purpose and may not distribute over the Service any advertising or solicitation of funds or goods and services. In addition, you may not use the Service to solicit subscribers to join other online information services that are competitive with the Service. Professional Beauty Network does not and cannot review generally the content posted by subscribers of the Service ("Subscribers' Content") and is not responsible for such Subscribers' Content. However, Professional Beauty Network reserves the right to cancel your access to these areas and/or delete, move, or edit any Subscribers' Content (including messages posted in any forum) that it may determine, in its sole discretion, violates this Agreement. You shall remain solely responsible for all Subscribers' Content posted by you or by any other person using your account. Professional Beauty Network shall have the right, but not the obligation, to correct any errors or omissions in any Subscribers' Content, as it may determine in its sole discretion. 6.1 Professional Beauty Network does not represent or endorse the accuracy or reliability of any Subscribers' Content displayed, uploaded, posted on any message board, or otherwise distributed through the Service by any subscriber, information provider or any other third party. Professional Beauty Network expressly disclaims any liability related to Subscribers' Content, and you acknowledge that any reliance upon such Subscriber Content shall be at your sole risk. 6.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that Professional Beauty Network is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites. 7.1 As part of the registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide Professional Beauty Network with any updates to that information promptly after such changes occur. 7.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Minors may receive access keys or user id/passwords only as part of an authorized group subscription. Your right to use the Service is personal to you and cannot be transferred to any other person. 7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement. 7.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet Service Provider, or your local telephone company. Unless you elect otherwise by making the appropriate selection on the Professional Beauty Network personal information page, Professional Beauty Network shall have the right to disclose certain limited subscriber information including, but not limited to, the subscriber's name, e-mail and mailing address, to affiliates, partners and third party vendors for the purpose of providing subscribers with information about products and services. Professional Beauty Network shall also have the right to disclose aggregate information about subscriber usage and demographics in a manner that does not reveal the personal identity of any individual subscriber. Professional Beauty Network shall have the right to send you electronic mail to inform you of changes or additions to the Service, or of any products and services of Professional Beauty Network.For additional information, see our Privacy Policy 9. Service and System Availability: Professional Beauty Network uses reasonable efforts to maximize system availability. Should technical difficulties occur with the Service, Professional Beauty Network shall make a reasonable effort to correct the problem and is not responsible for any down time. Professional Beauty Network is not responsible for any technical difficulties resulting from the World Wide Web, internet access, computer hardware or software. You hereby agree to indemnify, defend and hold Professional Beauty Network, and all of its officers, directors, employees, owners, agents, information providers, affiliates and licensors (collectively, the "Professional Beauty Network Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by Professional Beauty Network or any Professional Beauty Network Representative in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. Professional Beauty Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Professional Beauty Network's defense of such claim. 11.1 Professional Beauty Network reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid. 11.2 Professional Beauty Network may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. 12. Disclaimer of Warrantees; Limitation of Liability: 12.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF PROFESSIONAL BEAUTY NETWORK, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER PROFESSIONAL BEAUTY NETWORK OR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PROFESSIONAL BEAUTY NETWORK, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. 12.2 NEITHER PROFESSIONAL BEAUTY NETWORK, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PROFESSIONAL BEAUTY NETWORK, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The provisions of paragraphs 3, 4, 10, 12 and 16 are for the benefit of Professional Beauty Network, Third Party Content providers and their respective employees, agents and contractors; and each such party will have the right to enforce such provisions directly on its own behalf. Please refer to our privacy
policy for information. 15. Secured Purchases on the Service: Please refer to our safe shopping guarantee for information. This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Orange County, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 4, 7, 8, 10, 11, 12, 13, 14, and 16 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive. Users have
the following options for changing and modifying information previously
provided to the site. 1. Send e-mail to:
PBN Support
If you have
any questions about these terms and conditions, your website experience
with us, or our business practices.
Please contact C. Tito Booth E-Mail: tito@professionalbeauty.net |
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