INTERNATIONALSCHOOLOFBEAUTY.COM
ONLINE TERMS OF USE AGREEMENT
By accessing or
using the website you agree to be bound by the terms
and conditions of this agreement. If you do not wish
to be bound by this agreement, you may not legally
access or use the information provided on internationalschoolofBeauty.com.
Mirela & Associates, owner
of the International School of Beauty, may modify
this agreement at any time, and such modification
shall be effective immediately upon
either posting of the modified agreement or notifying you. You agree
to review this agreement periodically to ensure that you are aware
of any modifications. Your continued access or
use of Mirela & Associates shall
be deemed your conclusive acceptance of the modified agreement.
1. GENERAL DISCLAIMER
The information contained in Mirela & Associates
is compiled from a variety of sources and therefore we cannot guarantee
the validity of all information contained on this site.
Mirela & Associates services information
accessed through the InternationalSchoolOf Beauty.com
website (the "services") are provided "as is" without
warranty, express or implied. Mirela & Associateshereby excludes
all implied warranties of merchantability and fitness for a particular
use or purpose
with respect to the services. There are no warranties that extend beyond
the description on the face of this agreement. Mirela & Associates
make no warranty as to the reliability, accuracy, timeliness, usefulness,
adequacy, completeness or suitability of the services. Mirela & Associates
cannot and does not warrant against human and machine errors, omissions,
delays,
interruptions or losses, including loss of data. Mirela & Associates
does not warrant or guarantee that the functions or services performed
in
Mirela & Associates will be uninterrupted or error-free or that defects
in Mirela & Associateswill be corrected. Users of Mirela & Associates
are responsible for (1) implementing and maintaining adequate procedures
and checkpoints to satisfy their particular requirements for accuracy
of data input and output and (2) maintaining a means external to Mirela & Associatesfor
the reconstruction of any lost data.
2. LICENSES, IDEA & INFORMATION SUBMISSIONS
You agree to grant to Mirela & Associates a non-exclusive,
worldwide, royalty-free, perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
or services) you submit to public areas of Mirela & Associates by all
means and in any media now known or hereafter developed. You hereby waive
your moral rights in any such materials and information, and you hereby
warrant that any such materials and information are original with you,
or that you have the right to submit such materials and information.
You agree that you shall have no recourse against Mirela & Associates
for any alleged or actual infringement or misappropriation of any proprietary
right in your communication to us.
3. OTHER SITES
You are encouraged to use discretion while browsing
the Internet. InternationalSchoolOfBeauty.com may contain links that
may lead unintentionally to sites containing information that some
people
may find inappropriate or offensive. It may also lead to sites that
contain inaccurate information, false or misleading advertising, or
information
that violates copyright, libel or defamation laws. Mirela & Associates
makes no representations concerning any effort to review all of the
content
of sites listed in its catalog.
4. REVIEW OF POSTINGS & UPLOADS
Mirela & Associates cannot review all communications
and materials posted or uploaded to our site and therefore is not responsible
for the content of these communications and materials. However, Mirela & Associates
reserves the right to block or remove communications or materials that
it determines, in its sole discretion, to be (a) abusive, libelous,
defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation
of a copyright or trademark, other intellectual property right of another
or (d) offensive or otherwise unacceptable to Mirela & Associates.
5. LIMITED LICENSE
By this Agreement, Mirela & Associates grants,
subject to the terms of this Agreement, only a limited, non-transferable
and non-exclusive license to use the software and documentation necessary
to access, explore and otherwise use Mirela & Associates in real time
and to use the materials in Mirela & Associates in a manner consistent
with paragraph 11 (Copyright) below.
6. USER'S AGREEMENT
You agree to: (a) maintain all equipment required
for your access to and use of Mirela & Associates ; (b) maintain the
security of your user identification, password and other confidential
information relating to your Mirela & Associates account; and (c) be
responsible for all charges resulting from use of your Mirela & Associates
account, including unauthorized use prior to your notifying Mirela & Associatesof
such use and taking steps to prevent its further occurrence by changing
your password.
7. ONLINE COMMUNICATIONS
7.01 Your participation in on-line communications
occurs in real time and is not edited, censored, or otherwise controlled
by Mirela & Associates. Mirela & Associates cannot and
does not screen content provided by you to Mirela & Associates. Notwithstanding
the foregoing, Mirela & Associates reserves the right to monitor content
on Mirela & Associates and to remove content, which Mirela & Associates
, in its sole discretion, determines to be harmful, offensive, or otherwise
in violation of this Agreement.
7.02 You may send and receive electronic mail ("email"), engage
in conferences and chats, download and upload files and otherwise use
Mirela & Associates as permitted by this Agreement's operating policies
and applicable law. Files that you upload, public messages that you send
and your activity in conferences and chats are subject to review, modification
and deletion without notice by the forum manager responsible for Mirela & Associatesarea
where your uploading or other activity takes place (or by an individual
designated by such forum manager for such purpose). Mirela & Associates
operating policies relating to online conduct, storage and deletion of
email and uploaded files, conferences and other matters are available
and/or will be made available online. Mirela & Associates reserves the
right in its sole discretion to change such policies at any time. Files
uploaded to our server may be subject to posted limitations on usage,
reproduction and/or dissemination, and you are responsible for adhering
to such limitations if you download them.
7.03 You are responsible for your communications
and your use of Mirela & AssociatesYou may not, under any circumstances,
do any of the following: (a) use simultaneous, unattended or continuous
connections to Mirela & Associates with one account; (b) post or transmit
any message which is libelous or defamatory; (c) post or transmit any
message, data, image or program which is indecent, obscene or pornographic;
(d) post or transmit any message, data, image or program that would violate
the property rights of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential proprietary information,
and trademarks or service marks used in an infringing fashion; (e) use
Mirela & Associates to threaten, harass, stalk, abuse, or otherwise violate
the legal rights (including rights of privacy and publicity) of others;
(f) intercept or attempt to intercept email or other private communications
not intended for you; (g) send email to Users or other Internet users
for any purpose other than personal communication, including to advertise
or offer to unsolicited sell goods or services to other Users, use as
a mass unsolicited distribution medium to communicate a generally unsolicited
message, or use your email account as an address to which Users or other
Internet users need to respond (except as otherwise expressly permitted
by Mirela & Associates ); (h) send unsolicited email messages through
third-party mail servers in order to relay your email or hide the origination
of your email to others; (i) upload or download files that contain software
or other material protected by intellectual property laws, rights of
privacy or publicity, or any other applicable law unless you own or control
the rights to such files or have received all necessary consents; (j)
upload files that contain a virus or corrupted data; (k) delete any author
attributions, legal notices or proprietary designations or labels in
a file that you upload to a BBS or Mirela & Associates ; (l) falsify
the source or origin of software or other material contained in a file
that you upload to a BBS or Mirela & Associates ; (m) use Mirela & Associates
in a manner that adversely affects the availability of its resources
to other Users; (n) use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity that is not a subscriber to Mirela & Associates
the User directory or any portion thereof other than for personal, noncommercial
purposes ; (o) falsely purport to be an employee or agent of Mirela & Associates
(p) cause repeated disruptive incidents; or (q) act, or fail to act,
in your use of Mirela & Associates , in a manner that is contrary to
applicable law or regulation. In addition, you may not post or transmit
any message which is harmful, threatening, abusive or hateful. It is
not the intent of Mirela & Associatesto discourage Users from
taking controversial positions or expressing vigorously what may be unpopular
views in Mirela & Associates , nonetheless, Mirela & Associates reserves
the right to take such action as it deems appropriate in cases where
Mirela & Associates is used to disseminate statements which are deeply
and widely offensive and/or harmful. Each time you upload a file on Mirela & Associates
, you represent and warrant that you own or otherwise control the rights
or have the necessary consents to do so, and you grant every other User
the right to download and use such file. Your failure to observe any
of the foregoing limitations or obligations may result in civil or criminal
liability.
8. PRIVACY POLICY
The Mirela & Associates takes online information
security and user privacy extremely seriously. Please
see our Privacy Statement for a detailed description of our information
gathering and dissemination practices for our website.
9. USER REPRESENTATIONS
You represent and warrant that you are at least
18 years of age and that you possess the legal right and ability to enter
into this Agreement and to use Mirela & Associates in accordance with
this Agreement. You agree to be financially responsible for your use
of InternationalSchoolOfBeauty.com (as well as for use of your account by others,
including minors living with you) and to comply with your responsibilities
and obligations as stated in this Agreement.
10. CONTENT
Statements made in websites, newsgroups, message
boards, email, forums, conferences and chats reflect only the views
of their authors. Forum managers, forum hosts, CPs, or Merchants appearing
on InternationalSchoolOfBeauty.com are not authorized Mirela & Associates spokespersons,
and their views do not necessarily reflect those of Mirela & Associates.
11. COPYRIGHT
The entire contents of Mirela & Associates are
copyrighted as a collective work under the laws of United States and
other copyright laws. Mirela & Associates holds the copyright in the
collective work. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download portions
of the material from the different areas of Mirela & Associates solely
for your own non-commercial use, unless otherwise permitted (e.g., in
the case of electronic coupons, etc). Any redistribution retransmission
or publication of any copyrighted material is strictly prohibited without
the express written consent of the copyright owner. You agree not to
change or delete any proprietary notices from materials downloaded from
Mirela & Associates ™
12. INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Mirela & Associates , its officers, directors, employees, agents, information
providers and suppliers from and against all losses, expenses, damages
and costs, including reasonable attorney's fees, resulting from any violation
of this agreement or any activity related to your account (including
infringement of third parties' worldwide intellectual property rights
or negligent or wrongful conduct) by you or any other person accessing
Mirela & Associates using your service account.
13. WAIVER, RELEASE AND LIMITATION OF LIABILITY
You agree that neither Mirela & Associates ,
nor its officers, directors, employees, agents, information providers
or
suppliers shall have any liability to you under any theory of liability
or indemnity in connection with your use of Mirela & AssociatesYou
hereby release and forever waive any and all claims you may have against
Mirela & Associates , its officers, directors, employees, agents, information
providers or suppliers
for losses or damages you sustain in connection with your use of International
School Of Beauty.com.
Notwithstanding the foregoing paragraph, the total
liability of Mirela & Associates , its officers, directors, employees,
agents, information providers and suppliers, if any, for losses or damages
shall not exceed the fees paid by the user for the particular information
or service provided. In no event shall Mirela & Associates, its officers,
directors, employees, agents, information providers or suppliers be liable
to you for any losses or damages other than the amount referred to above.
All other damages, direct or indirect, special, incidental, consequential
or punitive arising from any use of the information or other parts of
Mirela & Associates are hereby excluded even if Mirela & Associates its
officers, directors, employees, agents, information providers or suppliers
have been advised of the possibility of such damages.
14. THIRD PARTY RIGHTS
The provisions of paragraphs 12 (Indemnification)
and 13 (Waiver, Release and Limitation of Liability) are for the benefit
Mirela & Associates and its officers, directors, employees, agents, licensors,
suppliers, and Information Providers. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
15. TERM; TERMINATION
Either you or Mirela & Associates may terminate
your right to use Mirela & Associates at any time, with or without
cause, upon notice. Mirela & Associates also reserves the right
to terminate or suspend your Mirela & Associates membership without
prior notice, but Mirela & Associates will confirm such termination
or suspension by subsequent notice. The provisions of paragraphs 2
(License, and Idea
Submission), 11 (Copyright), 12 (Indemnification), 13 (Waiver, Release
and Limitation of Liability), 14 (Third Party Rights), and 16(Miscellaneous)
shall survive any termination of this Agreement.
16. MISCELLANEOUS
This Agreement shall be governed by and construed
in accordance with the laws of the State of California. You agree that
any legal action or proceeding between Mirela & Associates and you
for any purpose concerning this Agreement or the parties' obligations
hereunder
shall be brought exclusively in a court of competent jurisdiction sitting
in the city of Palm Desert, California, United States. Any cause of
action or claim you may have with respect to Mirela & Associates must
be commenced within one (1) year after the claim or cause of action
arises. Mirela & Associates's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Mirela & Associates
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
17. NOTICE
Mirela & Associatesmay deliver notice
to you under this Agreement by means of electronic mail, a general
notice on our website , or by written communication delivered by first
class
U. S. mail to your address on record in Mirela & Associates' account
information database. You may give notice any time to Mirela & Associates
via electronic mail or by letter delivered by first class postage prepaid
U. S. mail or overnight courier to the following address:
International School Of Beauty
72-261 Highway 111 Suite 121-B
Palm Desert, CA 92260
Attention: Legal Affairs Director
18. SEVERABILITY
The provisions of this Agreement are severable,
and in the event any provision hereof is determined to be invalid or
unenforceable, such invalidity or unenforceability shall not in any way
affect the validity or enforceability of the remaining provisions hereof.
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