Terms and Conditions
This page contains the “Terms and Conditions” under which you may use HollywoodAirbrushTanningAcademy.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Hollywood Airbrush Tanning Academy, (the “Company”) owner of HollywoodAirbrushTanningAcademy.com, may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and may change without notice. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this web site for any reason.
Use of Material.
The Company authorizes you to view and download a single copy of the material on HollywoodAirbrushTanningAcademy.com (the “Web Site”) solely for your personal, noncommercial use. You may not use any material found on this site or given to you by HollywoodAirbrushTanningAcademy.com for the purpose of training third parties.
The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company’s copyright.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit, distribute, sell, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) otherwise prohibited by the Company.
Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
This site is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use this site without permission of their parents or guardians. Minors who cannot meet these requirements may not use this Web Site. Business entities that wish to use this site must agree that they are legally able to make binding contracts.
You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Web Site. You are also expected to pay for any state fees or applicable taxes that may be associated with the activities from this Web Site.
You may also not do anything that would cause the Company to lose the services of any of its ISPs or other suppliers. Nor may you do anything that would cause the Company to violate any law or other regulation.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes as specified on the website. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate information in the open discussions, facebook and chat forum sections (if applicable) or other areas of the Web Site. This includes, but is not limited to, any postings that are sexually implicit, use derogatory statements or offensive language, negative or false comments about the company or it’s owners/employee, are implicit or immoral in nature, are harassing or libelous, and any unlawful statement.
Posting any false or inaccurate biographical information when setting up an account or requesting other information from this Web Site. This includes, but is not limited to misrepresenting yourself, your company, and company goods and/or services.
Posting any incomplete, false or inaccurate information in any other part of this Web Site. This includes, but is not limited to posting misleading or false product, service or service request information.
Posting of any corrupted files, viruses and other software damaging activities.
Posting any franchise, pyramid scheme, multi-level marketing, “club membership”, distributorship or sales representative agency arrangement or other business opportunities which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents, or other commercial venture.
Attempting to gather or solicit other user’s information for any reason not authorized by the Company.
Deleting or revising any material posted by any other person or entity. This includes, but is not limited to, the infringement of any third party’s content or transmission.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers, such as Netscape Navigator and Microsoft Explorer.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
Framing of or linking to any of the materials or information available from the Web Site.
Violate any other posted policy in regards to the use of this Web Site, regardless as to where the policy is located at on the Web Site.
The Company has a right to refuse to post any message or other postings if the Company believes it is in violation of these terms and conditions. The Company also reserves the right to terminate your use of this site if you violate any of these prohibited uses.
User Information.
When you register (for a training session or other information) regardless of reason for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent (and you may opt out of this as well), except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. You should not release your personal information to anyone using HollywoodAirbrushTanningAcademy.com, unless necessary to complete a transaction. HollywoodAirbrushTanningAcademy.com will not be liable for your misuse of your personal information. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.
The Company does not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described here and in the Privacy Policy. Your personal information and safeguarding it is very important to the Company. Your information is on computers and is protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
User Submissions.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things (as mentioned above): post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of the Company or others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
It is the responsibility of the users of the Web Site to verify the accuracy of all the information (including personal) posted by that party to the Web Site and other company run chat rooms, such as Facebook.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. As a user, you will be liable for all damages based on your content. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company, in its sole discretion, reserves the right to expel users and prevent their further access to the Web Site or chat rooms (such as Facebook chat rooms) for violating the Terms and Conditions or the law and the right to remove communications which are false, misleading, abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may effect its goodwill, create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site, including regular postings, message boards, forums, contests, testimonials, photographs and chat room text, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) in your copyright, trademark, publicity and database rights, a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (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, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. These rights also include your information in any media now known or not currently known. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. This information will only be used in accordance with the Company’s privacy policy.
Any hyperlinks contained in any postings will be, at the discretion of the Company, disabled for use by others.
Copyright Notification in the Event of Possible Infringement.
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
HollywoodAirbrushTanningAcademy.com’s Copyright Agent for notice of claims of copyright infringement on its site is Simone Emmons, who can be reached as follows:
e-mail: simone@simonesairbrushtanning.com
Termination of Users who Violate the Company’s policy on infringement of Copyright or other Intellectual Property rights of Others.
The Company respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
The Company’s Liability.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Contacting Company.
Users may contact the Company, for customer support or service at the following e-mail address(s):
simone@simonesairbrushtanning.com
Notice shall be deemed delivered once an e-mail is sent to the address provided by you when you signed up to use this service, or 3 business days from the date of any postal mailing.
Links to Other Sites.
The Web Site may contain links to third party web sites. The Company does not endorse any of these sites and is provided to you as a convenience only. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party Web sites, you do so at your own risk.
Many of the Vendors or users will provide links to their web sites. If you access their web sites, you will need to follow their terms and conditions, privacy policies, and any other agreements found on their web site. The Company is not liable for of the Vendor’s agreements, nor did the Company have any control of its contents.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web Site.
Limitation of Liability.
The aggregate liability for the Company, our subsidiaries, employees and suppliers, to you or any third party in any circumstance for all claims arising from the use of the Web Site is limited to the purchase price your purchased training session. Some states may give you more rights, so please refer to your state’s laws.
Termination.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site or other chat areas, such as Facebook, and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions (or other agreements found in this Web Site) or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site. This also includes any attempt to commit fraud against the Company or any user.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you (if possible), at your expense, in defending any such claim, suit or proceeding.
General Terms.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of California, in the County of Los Angeles, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles County, California, and all parties submit to the jurisdiction of the venue of these courts. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, such as a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
Changes To These Terms
We reserve the right to change these terms and conditions from time to time. By continuing to use the site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the site.
Additional Terms of Use.
Certain areas of this web site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.