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On/through the Website and Mobile Application, Vênsette provides users with the ability to browse among its collection of exclusively created make-up and hair style designs or looks (the "Make-up and Hair Menu"), to select a make-up and/or hair look from the Make-up and Hair Menu and to schedule an appointment on a specific date, at a specific time, and at a location of their choosing for a professional Vênsette artist to provide them with their chosen beauty services. Vênsette users may also purchase one or more of the products offered for sale on the Website and Mobile Application (the "Service"). All looks or styles featured in the Make-Up and Hair Menu are approximations and may appear slightly different on each individual user due to differences in facial structures, skin textures, coloring, and artist technique. You are responsible for obtaining access to the Website and Mobile Application, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website and Mobile Application.
The Vênsette Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Vênsette for any reason. In consideration of your use of the Website and Mobile Application, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you do not qualify, you may not use the Vênsette Service or the Website and Mobile Application.
As part of the registration process, you will create a username and password. The username and password that you provide are your credentials ("Credentials") for accessing the Services that are only available to members. Users may not have more than one active set of Credentials. Additionally, users are prohibited from selling, trading, or otherwise transferring their Vênsette Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website and Mobile Application's registration and/or order forms. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Vênsette has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vênsette has the right to suspend or terminate your account and refuse any and all current or future use of the Website and Mobile Application (or any portion thereof). If you use the Website and Mobile Application, you are responsible for maintaining the confidentiality of your Credentials and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Vênsette immediately of any unauthorized use of your account or any other breach of security. You may notify Vênsette by clicking here. Vênsette reserves the right to refuse Service, terminate accounts, or remove or edit content in its sole discretion.
We require 12 hours notice for cancellations or appointment changes without charge. Cancellations within 4-12 hours of the appointment will be charged 50% of the appointment fee. Cancellations within 4 hours of the appointment will be charged the full appointment fee. Appointment locations cannot be changed without advanced notice and approval from Vênsette.
Vênsette grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website and Mobile Application. Please note that you may not frame or utilize framing techniques to enclose the Website and Mobile Application or any portion thereof without the prior written consent of Vênsette. The limited license granted herein does not include the right to: (i) modify or download the Website and Mobile Application or its content (except for caching); (ii) make any use of the Website and Mobile Application or its content other than for personal use; (iii) create any derivative work based upon either the Website and Mobile Application or its content; (iv) use any meta tags or any other "hidden text" utilizing our name or our trademarks without our express written consent; or (v) use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Website and Mobile Application terminates the limited license set forth herein without prejudice to any other remedy provided by applicable law. We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this TOS.
The content of the Website and Mobile Application including, but not limited to, text, graphics, logos, button icons, images, data compilations, and software, and the compilation thereof (the "content") is the property of Vênsette and is protected by United States and international copyright laws. The content of the Website and Mobile Application, in whole or in part, may not be reproduced, copied, distributed, used, sold, modified, or otherwise exploited without the prior written permission of Vênsette. The trademarks, logos and service marks appearing on the Website and Mobile Application are registered and unregistered marks owned by Vênsette in the United States and/or other countries. All trademarks not owned by Vênsette that appear on the Website and Mobile Application are the property of their respective owners.
Vênsette has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (posted at . The address of Vênsette's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the end of this section.
It is Vênsette's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringements If you believe that material or content residing on or accessible through the Website, Mobile Application or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Vênsette's policy:
If the content provider, member or user believes that either the material that was removed or to which access was disabled is either not infringing, or that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Vênsette may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Vênsette's discretion.
Please contact Vênsette's Designated Agent to Receive Notification of Claimed Infringement at the following address: 59 Franklin Street, Suite A, New York, NY 10013.
The Website and Mobile Application may provide users with the ability to send email messages to other users and non-users and/or to submit information/content to the Website and Mobile Application (Posted Content"). Vênsette is under no obligation to review any messages, information or content sent to/through the Website and Mobile Application by users and assumes no responsibility or liability relating to any such messages, information or content. Notwithstanding the above, Vênsette may from time to time monitor the Posted Content transmitted to/through the Website and Mobile Application and may decline to accept and/or remove any Posted Content in its sole discretion. However, we are not responsible for any failure or delay in removing Posted Content. You understand and agree not to use any functionality provided by the Website and Mobile Application to initiate communications that contain: (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) advertisements or solicitations of any kind; (iii) impersonate others or provide any kind of false information (iv) personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; (v) messages by non-spokesperson employees of Vênsette purporting to speak on behalf of Vênsette or containing confidential information or expressing opinions concerning Vênsette; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) multiple messages placed within individual folders by the same user restating the same point; (viii) chain letters of any kind; (ix) identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) using Vênsette invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) using Vênsette to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases. The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website and Mobile Application. Vênsette reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the account of or blocking use of the Services and/or the Website and Mobile Application by such violators. Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Website and Mobile Application or the Services (collectively "Feedback") submitted to Vênsette shall become the property of Vênsette or its designee. Vênsette will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website and Mobile Application or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website and Mobile Application, Services, or operations. Without limitation, Vênsette will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Vênsette, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
THIS Website and Mobile Application IS PRESENTED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." VÊNSETTE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OF IMPLIED, IN CONNECTION WITH THESE TERMS OF SERVICE OR THE Website and Mobile Application INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT VÊNSETTE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE Website and Mobile Application; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE Website and Mobile Application, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (e) EVENTS BEYOND THE REASONABLE CONTROL OF VENSETTE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, VÊNSETTE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE Website and Mobile Application REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF VÊNSETTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF VÊNSETTE EXCEED ONE HUNDRED DOLLARS ($100.00). WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify, defend and hold harmless Vênsette for any loss, damages or costs, including reasonable attorney's fees, resulting from any third party claim, action, or demand resulting from your use of the Website and Mobile Application. Your also agree to indemnify Vênsette for any loss, damages, or costs, including reasonable attorney's fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering or extraction tools, or any other action you takes that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Website and Mobile Application, your rights and obligations and all actions contemplated by these Terms of Service shall be governed by the laws of the State of New York, as if the Terms of Service were a contract wholly entered into and wholly performed in the State of New York. Any dispute relating in any way to your visit to the Website and Mobile Application shall be submitted to confidential arbitration in New York, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Vênsette, we may seek injunctive or other appropriate relief in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
We may terminate and/or suspend your account immediately, without notice, if there has been a violation of the TOS or other policies and terms posted on the Website and Mobile Application, including but not limited to the Vênsette Etiquette Policy, by you or by someone using your Credentials. Notwithstanding any other provisions contained herein, we may also cancel or suspend your registration for any other reason, including without limitation inactivity for an extended period but we will attempt to notify you in advance of such cancellation or suspension. Vênsette shall not be liable to you or any third party for any termination of your access to the Website and Mobile Application and/or the Services. Further, you agree not to attempt to use the Website and Mobile Application and/or the Services after any such deletion, deactivation or termination. You may terminate your Vênsette account at any time by contacting firstname.lastname@example.org.
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