By accessing, viewing or using Austin Beauty Guide or any feature available through Austin Beauty Guide, any information provided as part of Austin Beauty Guide services, or any related emails, newsletters or services (hereinafter collectively “Austin Beauty Guide” or the “Services”), or by clicking "Add a Profile" or "Create Your Account" during the registration process, you conclude a legally binding agreement with Austin Beauty Guide (“we”) based on the terms of this User Agreement (“Agreement”) and become a Austin Beauty Guide user (“User”). If you are using Austin Beauty Guide on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do not click "Add a Profile" or "Create Your Account" and do not access, view or use any of Austin Beauty Guide's web pages, information or services.
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform Austin Beauty Guide in the event that any such information has changed since your registration with Austin Beauty Guide and, if appropriate, you agree to make such modifications yourself to your profile.
Prior to joining Austin Beauty Guide, you must consider the extent to which you wish to reveal information about yourself and your business to Austin Beauty Guide and its Users, and you must not communicate any information of which could be harmful to you.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Austin Beauty Guide; (c) are not a direct competitor of Austin Beauty Guide; (d) do not have more than one personal (individual) account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Austin Beauty Guide account or any information therein to another party or charging anyone for access to any portion of Austin Beauty Guide, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Austin Beauty Guide or (c) any activity in which you engage on or through Austin Beauty Guide.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly/quarterly/annual fees for standard listings and/or upgraded accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Premium Services: If you have access to any of Austin Beauty Guide’s Upgraded Services, this User Agreement applies to your use of such services.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
Forums/Blogs/Chat Rooms: Austin Beauty Guide includes various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Austin Beauty Guide cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. AUSTIN BEAUTY GUIDE AND AUSTIN BEAUTY GUIDE AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
The purpose of Austin Beauty Guide is to provide a service to connect local, industry businesses with interested consumers in Austin, Texas.
Any other use of Austin Beauty Guide (such as seeking to connect to someone a User does not know or to use Austin Beauty Guide as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
We allow you to access Austin Beauty Guide as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Austin Beauty Guide, partially or entirely, or to charge and modify prices for Austin Beauty Guide. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Austin Beauty Guide and all related items.
Austin Beauty Guide reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Austin Beauty Guide has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Austin Beauty Guide may include or automatically produce links to third party web sites (“Third Party Sites”). Austin Beauty Guide is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Austin Beauty Guide may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Austin Beauty Guide and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Austin Beauty Guide or relating to any applications you use or install from the site.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Austin Beauty Guide, Austin Beauty Guide Affiliates, its Users and the public.
Austin Beauty Guide may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
You are solely responsible for your interactions with other members. Austin Beauty Guide reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Austin Beauty Guide determines, in its sole discretion, that doing so is prudent.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON AUSTIN BEAUTY GUIDE, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE PLATFORM FOR AUSTIN BEAUTY GUIDE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY AUSTIN BEAUTY GUIDE OR ANYTHING RELATED TO AUSTIN BEAUTY GUIDE, YOU MAY LEAVE AUSTIN BEAUTY GUIDE AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
AUSTIN BEAUTY GUIDE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH AUSTIN BEAUTY GUIDE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
AUSTIN BEAUTY GUIDE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, AUSTIN BEAUTY GUIDE DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
AUSTIN BEAUTY GUIDE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. AUSTIN BEAUTY GUIDE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AUSTIN BEAUTY GUIDE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF AUSTIN BEAUTY GUIDE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO AUSTIN BEAUTY GUIDE.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Austin Beauty Guide nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Austin Beauty Guide Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Austin Beauty Guide even if Austin Beauty Guide is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
You may terminate this Agreement, for any or no cause, at any time, with notice to Austin Beauty Guide, which shall be effective upon Austin Beauty Guide processing such notice. Austin Beauty Guide may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Upgraded Services may be terminated only by Austin Beauty Guide or the party paying for such services. Termination of your account includes disabling your access to Austin Beauty Guide (including any content you submitted or others submitted) and may also bar you from any future use of Austin Beauty Guide.
In furtherance and without limiting the foregoing, Austin Beauty Guide has adopted a policy of terminating, in appropriate circumstances and at Austin Beauty Guide’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. Austin Beauty Guide may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Consequences of Termination
Upon termination, you lose access to Austin Beauty Guide. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
Texas Law and Arbitration
Choice of Law: The Agreement and any disputes with us or any Austin Beauty Guide Affiliate arising out of or relating to the Agreement or Austin Beauty Guide (“Disputes”) shall be governed by Texas law, excluding conflicts of law principles.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Austin, Texas, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.austinbeautyguide.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at Info@austinbeautyguide.com or via mail to PO Box 50131, Attn: Legal Department, Austin, TX 78763 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.austinbeautyguide.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Austin Beauty Guide Affiliate shall be deemed legally binding on any Austin Beauty Guide Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Austin Beauty Guide.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: Austin Beauty Guide Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Austin Beauty Guide for any third party that assumes our rights and obligations under this Agreement.
As a condition to access Austin Beauty Guide, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Claims Regarding Copyright Infringement
Each User grants Austin Beauty Guide a license to use the content supplied by each such User for the purposes of disclosure on Austin Beauty Guide website.
This license includes the right for Austin Beauty Guide to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Austin Beauty Guide and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes Austin Beauty Guide to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Austin Beauty Guide for any purpose other than for those purposes strictly related to use of Austin Beauty Guide services for personal purposes.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Austin Beauty Guide has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Austin Beauty Guide’s 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;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail 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; and
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.
Austin Beauty Guide’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at email@example.com or by mail at:
Austin Beauty Guide
ATTN: Copyright Agent
PO Box 50131
Austin, TX 78763, USA
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Austin Beauty Guide may remove or disable access to the material that is alleged to be infringing;
2. Austin Beauty Guide may forward the written notification to such alleged infringer; and
3. Austin Beauty Guide may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Austin Beauty Guide’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to Austin Beauty Guide’s Copyright Agent for Notice that includes the following information:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Austin Beauty Guide may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
1. Austin Beauty Guide may promptly provide you with a copy of the Counter-Notification;
2. Austin Beauty Guide may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. Austin Beauty Guide may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Austin Beauty Guide’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Austin Beauty Guide’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to Austin Beauty Guide, then the User is obligated to reimburse Austin Beauty Guide for the corresponding value. Each party must fulfill its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation; for Austin Beauty Guide, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if Austin Beauty Guide has begun providing the service with the User’s explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself.