Terms of Service

Last Updated: November 4, 2008

Welcome to SalonBlabbermouth.com! By registering for an account at SalonBlabbermouth.com, you indicate that you accept all of the terms of service and all future modifications that may be made to it. These Terms of Service (TOS) outline the terms under which SalonBlabbermouth.com offers you an account as well as the user requirements expected by all users who hold an account on the website located at www.SalonBlabbermouth.com, which all mention of “the site” in these TOS refer to.

MODIFICATIONS TO SERVICE

SalonBlabbermouth reserves the right at any time to occasionally modify, delete or amend, either temporarily or permanently, the TOS with or without notice. If notice of revision or amendment is provided, it will be provided on this page and effective immediately upon publication. You agree that SalonBlabbermouth shall not be liable to you or any third party for any modification or suspension of service. Continuing the Use of this service after modifications are published constitutes a binding acceptance of all revisions or amendments. Please review these TOS before using the Site to determine any modifications to the Terms. If you do not agree with any modifications or revisions, please notify SalonBlabbermouth immediately by following all of the steps outlined below:

(1) Notifying your unwillingness to accept the current TOS by email (staff@SalonBlabbermouth.com).
(2) Discontinuing use of the Site.

You understand and agree that by using the Site you accept all current TOS, any future modifications or revisions, and any additional terms (“Additional Terms”) that may be incorporated into the TOS.

SUBMISSION OF CONTENT

(1) DEFINITION: SalonBlabbermouth provides you with a service where you are allowed to provide an opinion review about your Salon Experiences. These opinions, questions, answers or comments on this and all other topics, as well as any media submitted to SalonBlabbermouth, such as photos or videos, constitutes your “Content.”

(2) LICENSE: Salonblabbermouth does not claim ownership of the Content you submit to the Site. By submitting Content to this Site, you grant SalonBlabbermouth royalty-free and non-exclusive license to use, distribute, modify, and publicly display your Content on the Service. You also permit any Salonblabbermouth affiliates (such as syndication, co-brand and content partners) to do the same. For purposes of this section, the words "display" or “publish” covers all copyright and intellectual property rights required to effectuate intent.

a. EXCLUSIVE RIGHTS. In order sustain high-traffic by offering our visitors high-quality and exclusive content which they can’t get anywhere else, whenever you submit Content to the Site, you grant SalonBlabbermouth exclusive rights to your Content. You agree not to display identical content anywhere else online except under the following conditions:

i. You publish the same Content on any website with 9 individual users or less, as long as the content contains attribution to the source, for example: “Read this Opinion in its entirety at “http://www.SalonBlabbermouth.com.”
ii. You may display the same Content on any website with over 9 contributors only with written consent from the staff of SalonBlabbermouth. SalonBlabbermouth reserves the right to grant or deny permission to such request as SalonBlabbermouth deems appropriate. Please request consent by emailing staff@SalonBlabbmermouth.com.
iii. SalonBlabbermouth does not allow users to submit content that has already been posted or displayed on other websites. However, if you post such content to the Site, SalonBlabbermouth retains exclusive rights as described above even if you’ve initially posted it elsewhere without the knowledge of this Site. You agree to delete the content from the other site where you initially posted the Opinion or Content.

b. PROSECUTION OF INFRINGERS. If SalonBlabbermouth identifies someone who is publishing Content in violation of this TOS, SalonBlabbermouth reserves the right to take legal action against the infringer in order to protect exclusive publishing rights. In the process of legal action, SalonBlabbermouth may contact you for assistance. However, SalonBlabbermouth reserves the right to directly enforce your ownership rights over the Content being infringed upon. You authorize SalonBlabbermouth to take any action on your behalf that it deems necessary to protect your rights and the rights of the Site. Legal action may include either joining you as a co-plaintiff to the legal action, and any damages or settlements attributed to the online Content shall be solely to SalonBlabbermouth.

(3) REMOVAL OF CONTENT. SalonBlabbermouth allows you edit or delete your online Content. SalonBlabbermouth reserves the right, without notice, to restrict or suspend your ability to modify or remove Content. Modifying your existing Content to a new version does not remove the exclusive rights of SalonBlabbermouth to the Content of the previous version as described in section 2. Even if you delete content, SalonBlabbermouth retains exclusive rights to the deleted version, and you may not post the deleted Content anywhere else online except under the provisions of section 2. Attempting to circumvent the exclusive rights of SalonBlabbermouth to the Content through willful deletion or modification may result in a suspension or removal of your account and legal action as described in section 2b.

(4) USAGE. By using the services provided on this site, you agree not to use the Site with the following intent or purpose.

a. To publicly post or transmit personal identifying information, including name, mailing address or phone number, email addresses or any other identifying information. The unlawful threatening or abusive posting of such information with the intent to harass, defame, libel, or invade another’s privacy will also be reported the appropriate authorities.
b. Use the identity or someone else in order to misrepresent yourself or your affiliation with a person or organization.
c. To cause any form of harm or threat to minors (any person under 18 years of age). This includes any indecent direct communications or public posts.
d. Uploading, posting, or transmitting Content, which you do not own any rights to, such as copyrighted, trademarked or patented information, proprietary information as part of employment, confidential information, or information obtained under a nondisclosure agreement.
e. Uploading, posting or transmitting unsolicited spam or advertising of any form.
f. Attempting to or succeeding in disrupting servers or networks connected to the Site, or the site itself. This includes not following the policies and procedures outlined for the Site network and any networks connected to the Site.
g. Using the Site to knowingly or unknowingly violate any local, national, or international laws.
h. Uploading, posting, or transmitting computer code, files or programs, which contain viruses or scripting intended to disrupt or damage the functionality of the Site and associated networks and software or hardware connected to the Site.
i. To collect, collate, or build a database or collection of personal data about other Site users.

(5) PRESERVING CONTENT: You understand and agree that SalonBlabbermouth reserves the right to turn over any Content, including previous versions of deleted Content, to law enforcement authorities if SalonBlabbermouth is either legally required to, or if disclosing said Content is reasonably required to:

a. Comply with the law or in response to a court order.
b. To respond to legal claims that Content published on the Site violates the rights of any third party.
c. To enforce these Terms of Service.
d. To protect the rights or safety of SalonBlabbermouth and its staff, users, or the general public.

(6) CONTENT FILTERING. You agree that you are 13 years of age or older. If you are not, please do not connect to, visit, or post content to the Site. If you are a parent of a child who is under 13, by using the Site you agree that you will take all appropriate precautions to keep your child from using the Site, up to and including installing necessary commercially available Parental Control software or hardware that will prevent that minor’s access to the Site.

To report any alleged violations of the Content Guidelines as described above in Sections 1 through 6, please email staff@salonblabbermouth.com.

REGISTRATION OBLIGATIONS

By registering to use this Site, you agree:

a. That the information you’ve provided in the Site’s registration submission form is true and accurate to the best of your knowledge.
b. That you will continue to update your registration information to keep it current and accurate.
c. You understand that if the staff of SalonBlabbermouth determines any information provided on the registration form is untrue or not current, SalonBlabbermouth reserves the right to either temporarily suspend or permanently terminate your account. You agree that SalonBlabbermouth can not be held liable for any damages resulting from the suspension or termination of your account.

PRIVACY

SalonBlabbermouth takes the privacy of every registered user very seriously. By using the Site and accepting this TOS, you accept the use and disclosure of your personal information (including using your email address to send you occasional communications) as described in the Site’s Privacy Statement.

INDEMNITY/HOLD HARMLESS

You agree to indemnify and hold SalonBlabbermouth, affiliates and subsidiaries, officers, owners and all staff, harmless from any legal claim or demand arising from Content you submitted on the Site, Content you transmitted through the use of the Site, your connection with the site, or any other violations of this TOS. These demands include reasonable attorneys’ fees and damages.

TERMINATION

You agree that SalonBlabbermouth reserves the right to terminate your account, or any part of your account, for any reason. This may include the temporary or permanent removal of your Content within the Site. The most common reason for termination of an account is, but is not limited to, lack of use of your account, or if SalonBlabbermouth has reason to believe that you have willfully violated any part of this TOS. You agree that termination of your account may effectively deactivate or delete your account, related profile information, and your Content. Further access to your account may be banned, without prior notice. You agree that Salonblabbermouth shall not be held liable to you or any third party for the termination of your Site account. You also acknowledge and agree that SalonBlabbermouth reserves the right to discontinue providing the Site, or any part of the Site, for any reason and with or without notice.

RESALE OF THE SITE

You agree not to duplicate, sell, or exploit, for any reason whatsoever, your registered use of the site, any portion of the site, or any access to the Site which you are granted through your user account.

ADVERTISERS AND PARTNERS

You agree that any correspondence or business you participate in with advertisers or partners affiliated with the Site, including your participation in promotions, payment and delivery of goods or services, or any other terms, conditions or contractual agreements related to that correspondence is solely between you and that affiliate. You agree not to hold SalonBlabbermouth liable for any damages resulting from any such transaction with a partner or affiliate, or resulting from the presence of an advertiser or affiliate on the Site.

DATA AND URL LINKS

Throughout the Site, SalonBlabbermouth or any third party may provide links to other websites or resources as a part of the Service. You acknowledge and agree that these external resources and websites are outside of the control and regulation of SalonBlabbermouth. SalonBlabbermouth does not provide representation, opinion, or support of the accuracy, quality, or legality of any website linked to from the Site. You agree to visit these external sites and resources at your own risk, and hold SalonBlabbermouth harmless of any claim or damages resulting from your use with these external websites or resources. You acknowledge and agree that SalonBlabbermouth can not be held responsible for the content published on any websites that exist outside of SalonBlabbermouth.

RSS FEEDS

SalonBlabbermouth provides various content from the Site, in RSS format, so that you can embed feeds into your own personal website, blog, forum, or news content software. Salonblabbermouth permits the use of these RSS feeds from the Site under the following conditions:
(1) Your use of Site RSS feeds are solely for personal, non-commercial purposes.
(2) RSS titles are correctly linked back to SalonBlabbermouth to the original Content and correctly direct the user to the Site where the original content is located.
(3) Your use of the RSS feed does not claim or suggest that SalonBlabbermouth supports third party websites, content, opinions or services.
(4) You accurately provide proper attribution to SalonBlabbermouth adjacent to the RSS feed, wherever it is embedded.
(5) You agree not to attempt to redistribute the RSS feed as your own or as a third party’s.
(6) You do not willfully overburden SalonBlabbermouth servers or Site services through overuse or inappropriate mass distribution of RSS feeds or through any other action.

SalonBlabbermouth reserves all copyrights to the content within RSS feeds, and reserves the right to terminate any RSS feed or feeds at any time without notice.

LIMITED LIABILITY

You agree that SalonBlabbermouth, its suppliers, co-brand partners or affiliates are not liable for loss or special, incidental or consequential damages (other than through negligence) resulting from your use or connection with the Site or Service. You agree that in no event shall SalonBlabbermouth, it’s co-brand partners, suppliers or affiliates be held liable for greater than $500. The foregoing limited liability does not apply in those States where said limited liability is not legally allowed. Otherwise, you agree to the aforementioned limited liability.

NO WARRANTY

SalonBlabbermouth services, site, and all functions provided within the Site and by co-branded partners or suppliers are provided to users “As Is,” and SalonBlabbermouth, partners, and suppliers expressly offer no warranty of any kind, either express, implied or statutory, including implied warranties of title, non-infringement, merchantability and fitness for any particular purpose. SalonBlabbermouth, without limitation, provides no warranty or promise that any part or function of the Site will be accurate or work perfectly or properly, nor does SalonBlabbermouth provide any warranty or promise as to the continuity of service. In those states where implied warranty disclaimers are not allowed, the foregoing disclaimer does not apply. In all other states, you agree that it applies to you.

ACCESS LIMITATION

You agree never to access SalonBlabbermouth Site or Services under the following conditions:

1. Using automated hardware or software to access SalonBlabbermouth, or to collect information from the Site with said software or scripts.
2. Using frames or pop-up windows, or using any other method to alter the effects or performance of the Site. You agree, among other activities, not to attempt any form of hacking or scripting with the purpose of obtaining user lists or user information.
3. You agree not to access or use the Site in any manner that can damage or alter the performance of the Site, or damage or alter the performance of any third party’s connection to the Site.

GOVERNANCE AND ARBITRATION

By using the Site you agree to settle all claims or disputes regarding this TOS or the Site through binding arbitration according to the commercial arbitration rules of the American Arbitration Association. All disputes will be individually arbitrated apart from any other dispute with any other individual or party. Arbitration will take place in Tarrant County, Texas with judgment and any arbitration award entered into the court with jurisdiction. Any decision or award from arbitration will be final and binding without appeal or further review except as required by Texas law. Either party may seek interim or preliminary relief, in order to protect rights or property, from any court with jurisdiction in Tarrant County, Texas. You acknowledge and agree with exclusive jurisdiction of any arbitration within the state and federal courts located in Tarrant County, Texas.

ENTIRE TERMS OF SERVICE

These Terms of Service, as well as any addenda and any additional statements that are incorporated into these TOS constitute the entire set of terms, overriding any and all other provisions or agreements, either oral or written, between parties in respect to the content of the TOS. In the case of any dispute or conflict between the TOS and any addendum, the provisions provided by the addendum supersedes the TOS.

GENERAL

You agree to comply with all laws and regulations that apply to your access of the Site and the process of publishing your Content on the Site. If at any point any part of the TOS is legally classed as unenforceable, it shall be enforced to the fullest extent possible under the law, and the remaining parts of the TOS shall remain in full effect. Any failure on the part of SalonBlabbermouth to exercise its right to act in any case does not constitute a waiver of rights to act in such a similar case or circumstance in the future, especially in the case where SalonBlabbermouth is prevented to act by conditions outside of its control. No relationship or agreement with any party is created or established by this TOS. SalonBlabbermouth reserves its right to modify or require registration requirements or payments to use all or any part of the Site without notice. Suppliers and co-brand partners affiliated with SalonBlabbermouth are included as third-party beneficiaries of this entire TOS and all addenda. This TOS may only be amended with a physical signature by both SalonBlabbermouth and you.

OTHER DISCLOSURES

This Site and all services included on the site are provided by SalonBlabbermouth.com. Currently SalonBlabbermouth does not charge a membership fee for the use of this Site, although SalonBlabbermouth reserves the right to change this policy at any time. Any expenses, such as internet access, computers and associated hardware and infrastructure, which you incur in order to access the site are your sole responsibility. In order to adhere to provisions in the Digital Millennium Copyright Act, you may contact staff at SalonBlabbermouth at staff@SalonBlabbermouth.com for service of notice. All notices must comply with the requirements of the Digital Millennium Copyright Act.