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.

 
 
© 2003 La Peer Beauty - Terms and Conditions- Last modified: February 02 2005 00:06:12. - Designed by P&H Design