Welcome to our website. |
Ibiza hair, Inc. provides the services available on the
Website to you subject to the following terms and conditions (the "Terms and
Conditions"). By accessing or using the Website, you are acknowledging that you
have read, understand, and agree, without limitation or qualification, to be
bound by these Terms and Conditions.
so that you may understand our privacy practices.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our products and
services on the Website; however, to the extent permitted by applicable law, we
do not warrant that the product descriptions, prices for products and services,
hours of operation or other content available on the Website is accurate,
complete, reliable, current, or error-free.
3. Intellectual Property
All content available on the Website, including, but not limited to, text,
graphics, logos, button icons, images, audio clips, data compilations, and
software, and the compilation thereof (the "Content") is the property of Ibiza
Hair our affiliates, our partners or our licensors, and is protected by United
States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively,
the "Trademarks") are the registered and unregistered marks of Ibiza Hair, our
affiliates, our licensors or our partners, in the United States and other
countries, and are protected by United States and international trademark laws.
All other Trademarks not owned by us, our affiliates, our partners or our
licensors that appear on the Website are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
Except as set forth in the limited license in Section 4 below, or as required
under applicable law, neither the Content, the Trademarks, nor any other
portion of the Website may be used, reproduced, duplicated, copied, sold,
resold, accessed, modified, or otherwise exploited, in full or in part, for any
purpose without our prior written consent.
4. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make
personal use of the Website. Please note that you may not frame or utilize
framing techniques to enclose the Website or any portion thereof without our
prior written consent.
The limited license set forth in this Section 4 does not include the right to:
(i) modify or download the Website or its contents (except caching or as
necessary to view content); (ii) make any use of the Website or its Content
other than personal use; (iii) create any derivative work based upon either the
Website or its Content; (iv) collect account information for the benefit of
another party; (v) use any meta tags or any other "hidden text" utilizing our
name or the Trademarks without our express written consent; or (vi) use
software robots, spiders, crawlers, or similar data gathering and extraction
tools, or take any other action that may impose an unreasonable burden or load
on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Website for personal, non-commercial use
only. A website that links to our Website (i) may link to, but not replicate,
our Content; (ii) may not imply that we are endorsing such website or its
services or products; (iii) may not misrepresent its relationship with us; (iv)
may not contain content that could be construed as distasteful, obscene,
offensive or controversial, and may contain only content appropriate for all
ages; (v) may not portray us or our products or services, in a false,
misleading, derogatory, or otherwise offensive or objectionable manner, or
associate us with undesirable products, services, or opinions; (vi) may not use
any Trademark without express written permission; (vii) may not link to any
page of the Website other than the home page. We may, in our sole discretion,
request that you remove any link to the Website, and upon receipt of such
request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set
forth in this Section 4 without prejudice to any other remedy provided by
5. Third Party Links
We are not responsible for the content of any off-Website pages or any other
websites linked to or from the Website. Links appearing on the Website are for
convenience only and are not an endorsement by us, our affiliates or our
partners of the referenced content, product, service, or supplier. Your linking
to or from any off-Website pages or other websites is at your own risk. We are
in no way responsible for examining or evaluating, and we do not warrant the
offerings of, off-Website pages or any other websites linked to or from the
Website, nor do we assume any responsibility or liability for the actions,
content, products, or services of such pages and websites, including, without
limitation, their privacy statements and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all
off-Website pages and other websites that you visit.
We welcome inquiries or feedback on the products you use or might like to
purchase, however it is our policy to decline unsolicited suggestions and
ideas. Notwithstanding our policy with regard to unsolicited suggestions and
ideas, any inquiries, feedback, suggestions, ideas or other information you
provide us (collectively, "Submissions") will be treated as non-proprietary and
or posting any Submission, you hereby grant us a nonexclusive, royalty-free,
perpetual, transferable, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, sell, assign, translate, create derivative
works from, distribute, and display any Submission in any form, media, or
technology, whether now known or hereafter developed, alone or as part of other
works. You also acknowledge that your Submission may not be returned and we may
use your Submission, and any ideas, concepts or know how contained therein, for
any purpose including, without limitation, developing, manufacturing,
distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise
control the rights to your Submission. You further represent and warrant that
such Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of "spam." You may not
use a false e-mail address, impersonate any person or entity, or otherwise
mislead us as to the origin of any Submission. You agree to indemnify us for
all claims arising from your claims to any rights in any Submission.
7. Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND
CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS
SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES,
FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER
VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR
USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES;
OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or
costs, including reasonable attorneys' fees, resulting from any third party
claim, action, or demand resulting from your use of the Website. You also agree
to indemnify us for any loss, damages, or costs, including reasonable
attorneys' fees, resulting from your use of software robots, spiders, crawlers,
or similar data gathering and extraction tools, or any other action you take
that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Website, your rights and obligations
and all actions contemplated by these Terms and Conditions shall be governed by
the laws of California, as if the Terms and Conditions were a contract wholly
entered into and wholly performed within California. Any dispute relating in
any way to your visit to the Website shall be submitted to confidential
arbitration in California, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in California, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
You acknowledge and agree that these Terms and Conditions, together with our
concerning your use of the Website, and supersede and govern all prior
proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the Website. Any changes are
effective immediately upon posting to the Website. Your continued use of the
Website constitutes your agreement to all such terms and conditions. We may,
with or without prior notice, terminate any of the rights granted by these
Terms and Conditions. You shall comply immediately with any termination or
other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating
any agency, partnership, or other form of joint enterprise between us. Our
failure to require your performance of any provision hereof shall not affect
the full right to require such performance at any time thereafter, nor shall
our waiver of a breach of any provision hereof be taken or held to be a waiver
of the provision itself. In the event that any provision of these Terms and
Conditions shall be unenforceable or invalid under any applicable law or be so
held by any applicable court decision, such unenforceability or invalidity
shall not render these Terms and Conditions unenforceable or invalid as a
whole. We will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, our original objectives
and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact
us by e-mail at firstname.lastname@example.org