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Terms of Service |
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1. ACCEPTANCE OF TERMS
Welcome to Salon Channel . Salon Channel (the "Site") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Salon Channel services, you and Salon Channel shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Salon Channel also may offer other services from time to time, such as Salon Channel Store and Salon Channel Site that are governed by different Terms of Services. These TOS do not apply to the Salon Channel Service, Salon Channel Store or Salon Channel Site or such other services.
Salon Channel, Inc (hereinafter "Salon Channel" or "Salon Channel
Auctions") reserves the right to change any of the terms and conditions contained in this
TOS or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING
SALON CHANNEL'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
2. DESCRIPTION OF SERVICE
Salon Channel currently provides users with access to a rich collection of on-line
resources, including, various communications tools, online forums,
shopping services, personalized content and branded programming through
its network of properties (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new Salon Channel properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that Salon Channel assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Salon
Channel has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Salon Channel has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). Salon Channel is concerned about the safety and
privacy of all its users, particularly children. For this reason, parents
of children under the age of 13 should not allow their children to use this site
without their supervision. Please remember that the Service is
designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the
Services and/or Content (as defined in Section 6 below) are appropriate
for your child.
4. FEES AND SERVICES (For Auctions) Joining and bidding on items at Salon Channel is free. Our Fees and Credits Policy is available (at http://salonchannel.com/selling-fees.html) and is incorporated by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the announcements board. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
5. SALON CHANNEL'S ROLE (For Auctions) Salon Channel's Auction site acts as a venue for sellers to list items (or as appropriate, solicit offers to buy) and buyers to bid on items. Salon Channel is not involved in the actual transaction between Sellers and Buyers and is not the agent of and has no authority for either for any purpose. As a Seller, you may "list" any item on the Site unless it is a prohibited item as defined in the procedures and guidelines contained in the Help Section. Specifically, you may not list any item, link or post any related materials, or purchase any item that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, trade secrets), or other proprietary rights (including rights of publicity or privacy); or (b) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale or auction. Salon Channel cannot and does not know whether any listing is accurate, complete, misleading or deceptive or if the Seller and Buyer will perform as promised so you should always take due care in entering into any agreement with another person. Because Salon Channel wants you to have a more safe buying experience, we have established a user-initiated feedback system to help you evaluate with whom you are dealing, but otherwise Buyers and Sellers use the Site and the Services at their own risk. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Salon Channel (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. 6. YOUR TRANSACTIONS (For Auctions)
7. SALON CHANNEL PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, please see our full privacy
policy at http://salonchannel.com/privacy/.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify Salon Channel of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Salon Channel cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
9. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not Salon Channel, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service. Salon
Channel does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will Salon
Channel be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
You acknowledge that Salon Channel does not pre-screen Content, but that Salon
Channel and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, Salon Channel and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Salon Channel or
submitted to Salon Channel, including without limitation information in Salon
Channel Message Boards and in all other parts of the Service.
You acknowledge and agree that Salon Channel may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Salon Channel, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
11. PUBLIC CONTENT POSTED TO SALON CHANNEL
(a) For purposes of the TOS, "publicly accessible areas of the Service"
are those accessible by the general public. By way of example, a publicly
accessible area of the Service would include public Salon Channel Message Boards, but would not include private
Salon Channel communication services such as Salon Channel Mail . (b) With respect to Content you elect to post for
inclusion in publicly accessible areas of Salon Channel or that consists of
photos or other graphics you elect to post to any other publicly
accessible area of the Service, you grant Salon Channel the world-wide, royalty
free and non-exclusive license to reproduce, modify, adapt and publish
such Content on the Service solely for the purpose of displaying,
distributing and promoting the specific Salon Channel to which such Content
was submitted, or, in the case of photos or graphics, solely for the
purpose for which such photo or graphic was submitted to the Service. This
license exists only for as long as you elect to continue to include such
Content on the Service and shall be terminated at the time you delete such
Content from the Service. (c) With respect to all other Content you
elect to post to other publicly accessible areas of the Service, you grant Salon
Channel the royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed.
12. INDEMNITY
You agree to indemnify and hold Salon Channel, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Salon Channel may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on Salon Channel's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that Salon Channel has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that Salon Channel reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that Salon
Channel reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
15. MODIFICATIONS TO SERVICE
Salon Channel reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Salon Channel shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service.
16. TERMINATION
You agree that Salon Channel, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if Salon Channel believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. Salon Channel may also
in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree that Salon
Channel may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that Salon Channel shall not be
liable to you or any third-party for any termination of your access to the
Service.
17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Salon Channel shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
18. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Salon Channel has no control over such
sites and resources, you acknowledge and agree that Salon Channel is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Salon Channel shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
19. SALON CHANNEL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Salon Channel or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. Salon Channel grants
you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided
by Salon Channel for use in accessing the Service.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SALON CHANNEL SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SALON CHANNEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
23. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 20 and 21 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware" is
apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. Salon Channel shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
24. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
25. TRADEMARK INFORMATION
Salon Channel, the Salon Channel logo product and service names
are trademarks of Salon Channel Inc. (the "Salon Channel Marks"). Without
Salon Channel's prior permission, you agree not to display or use in any manner,
the Salon Channel Marks.
26. COPYRIGHTS and COPYRIGHT AGENTS
Salon Channel respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Salon Channel's Copyright Agent the following information:
Notice of claims of copyright infringement shall be given by postal mail to: who can be reached as follows: By mail: Copyright Agent P.O. Box 188 27. BREACH Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us
28. LEGAL COMPLIANCE
29. ARBITRATION Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Salt Lake City, Utah, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Salon Channel may seek any interim or preliminary relief from a court of competent jurisdiction in Salt Lake City, Utah necessary to protect the rights or property of you or Salon Channel pending the completion of arbitration.
29. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Salon Channel and govern
your use of the Service, superceding any prior agreements between you and Salon
Channel. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Salon Channel shall be
governed by the laws of the State of Utah without regard to its
conflict of law provisions. You and Salon Channel agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Salt Lake,
Utah. The failure of Salon Channel to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
Please report any violations of the TOS to our Customer
Service group.
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