WEBSITE TERMS AND CONDITIONS OF USE

1. TERMS

By accessing this website (the “Site”), the person(s) accessing the Site (“You” or “Your”) is agreeing to be bound by, and responsible for compliance with, the Website Terms and Conditions of Use (the “Terms of Use”) of Microhair Studio, its franchise studios, affiliated companies, and its authorized agents, employees and assignees (collectively, “Microhair Studio”) and all applicable laws and regulations, including applicable local laws. If You do not agree with any of the Terms of Use, You are prohibited from using or accessing the Site. The Materials contained in the Site are protected by applicable copyright and trademark laws.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

You must be at least 18 years of age to use this website.By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.


2. PROPRIETARY RIGHTS

Notwithstanding anything to the contrary herein, Microhair Studio owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), code and date on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Site does not grant to You ownership of the Materials that You may access on or through the Site.

3. USE LICENSE

Permission is granted to access and view the Materials and, unless otherwise indicated in these Terms of Use, download one (1) copy of the Materials for personal, non-commercial transitory viewing only (the “License”). The License is not a transfer of title. You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You may not:

    • Modify the Materials or copy the Materials more than one (1) time;
    • Use the Materials (examples but not limited to: reproduce, duplicate, copy or otherwise exploit Material on this website) for any commercial purpose;
    • Attempt to decompile or reverse engineer the Materials;
    • Remove any copyright or other proprietary notations from the Materials; or
    • Transfer the Materials to any other person, or “mirror” the Materials on any other server.
    • Republish Material from this website (including republication on another website);
    • Sell, rent or sub-license Material from the website;
    • Redistribute Material from this website, except for content specifically and expressly made available for redistribution.

The License shall automatically terminate if You violate any of the Terms of Use. The License may be terminated by Microhair Studio at any time. Upon termination of the License, You must destroy any downloaded or copied Materials in Your possession whether in electronic or printed format.

4. ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Microhair Studio’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Microhair Studio’s express written consent.

5. USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Microhair Studio a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.You also grant to Microhair Studio the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Microhair Studio or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Microhair Studio reserves the right to edit or remove any material submitted to this website, or stored on Microhair Studio’s servers, or hosted or published upon this website.

Notwithstanding Microhair Studio’s rights under these terms and conditions in relation to user content, Microhair Studio does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

6. CHARGEBACK POLICY

All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If You feel that Your credit or debit card was used fraudulently on the Sites or at the Services, please contact Microhair Studio for immediate resolution.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD ON THE SITES OR AT THE SERVICES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU OR ANY AUTHORIZED USER OF THE CREDIT OR DEBIT CARD, YOU AGREE THAT MICROHAIR STUDIO MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FEES BY ANY MEANS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, RECHARGING YOUR CREDIT OR DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

7. DISCLAIMER

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. MICROHAIR STUDIO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, MICROHAIR STUDIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE COMPLETION, ACCURACY, CONSTANT AVAILABILITY OF THE WEBSITE, AVAILABILITY OF THE WEBSITE AT ALL, NON-MISLEADING, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE.

NOTHING ON THIS WEBSITES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY [LEGAL, FINANCIAL OR MEDICAL] MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

8. LIMITATIONS

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MICROHAIR STUDIO BE LIABLE FOR (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF MICROHAIR STUDIO HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

9. EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Microhair Studio’s liability in respect of any:

      • death or personal injury caused by Microhair Studio’s negligence;
      • fraud or fraudulent misrepresentation on the part of Microhair Studio; or
      • matter which it would be illegal or unlawful for Microhair Studio to exclude or limit, or to attempt or purport to exclude or limit, its liability.

10. OTHER PARTIES

You accept that, as a limited liability entity, Microhair Studio has an interest in limiting the personal liability of its officers and employees.You agree that you will not bring any claim personally against Microhair Studio’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Microhair Studio’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Microhair Studio.

11. UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

12. INDEMNIFICATION

You agree to defend, indemnify Microhair Studio and undertake to keep Microhair Studio indemnified against any and all claims, demands, causes of action, losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Microhair Studio to a third party in settlement of a claim or dispute on the advice of Microhair Studio’s legal advisers) of any kind arising out of or relating, in whole or in part, incurred or suffered by Microhair Studio’s arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

13. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Microhair Studio’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Microhair Studio may take such action as Microhair Studio deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

14. REVISIONS AND ERRATA

The Materials appearing on the Site may include technical, typographical, or photographic errors. Microhair Studio does not warrant that any of the Materials on the Site are accurate, complete, or current. Microhair Studio may make changes to the Materials contained on the Site at any time without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Microhair Studio does not, however, make any commitment to update the Materials.

15. LINKS

Microhair Studio has not reviewed all of the websites linked to the Site and is not responsible for the content of any such linked websites. The inclusion of any link to a website does not imply endorsement by Microhair Studio of such website, and the use of any such linked web site is at Your own risk.

16. TERMS OF USE MODIFICATIONS

Microhair Studio may revise the Terms of Use for the Site at any time without notice. By accessing the Site, You are agreeing to be bound by the then-current version of the Terms of Use.

17. SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. ENTIRE AGREEMENT

These terms and conditions, constitute the entire agreement between you and Microhair Studioin relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

19. GOVERNING LAW

These terms and conditions will be governed by and construed in accordance with NEW YORK STATE LAW, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of NEW YORK STATE.