If you do not agree to these Terms, you may not access or use the Site and you are instructed to log off immediately. Notwithstanding anything to the contrary in this notice, your first use of the Site shall irrevocably indicate your agreement to this End User License Agreement.
UPDATES AND CHANGES TO TERMS
Prettyology may update these Terms from time-to-time and may amend them at any time to incorporate additional rules, policies, procedures and other instructions concerning access to and use of the Site or additional features, materials, products, opportunities, or services that Prettyology may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which Prettyology may give by any means, including by posting a revised version of these Terms or other notice in the Site or by sending you a copy of the revised Terms by email.
You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. Prettyology expressly reserves the right to make any changes to these Terms, or to the Site and its Content (as that term is defined below), at any time, without prior notice to you.
Please be advised that Prettyology may monitor your use of and access to the Site to ensure compliance with these Terms and any other applicable rules, policies, deadlines and instructions. By using the Site, you expressly consent to such monitoring. Be advised that if such monitoring reveals possible unauthorized use of the Site, Prettyology may, among other things, do one or more of the following: (a) suspend or terminate your access to the Site; or (b) suspend or terminate the Site Subscriber’s access to the Site.
In connection with your access to the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Site you will not:
- violate these Terms;
- use the Site for any purpose that is unlawful;
- restrict or inhibit any other user from using or enjoying the Site;
- represent yourself as another or as a fictitious individual;
- disrupt or interfere with the Site or its operation or availability, or alter or tamper with Content on the Site;
- take any action that imposes or may impose, in Prettyology’s sole and exclusive discretion, an unreasonable or disproportionately large burden on Prettyology’s systems;
- bypass any measures Prettyology may use to present or restrict access to the Site, or otherwise attempt (by any means) to gain access to data or information that you are not entitled to access;
- import, input, or transmit any data that cannot be exported without prior written government authorization;
- import, input, or transmit any data in violation of a license agreement, contract, or other third party rights
- copy, modify, create derivatives of, decompile, or reverse engineer the Site or take any action to interfere with Prettyology’s proprietary and intellectual property rights in the Site; or
- import, input, or transmit any information which contains a virus, Trojan horse, worm, or other disabling device or harmful component.
- The above assurances and commitments by you shall survive termination of these Terms.
- Your failure to comply with these Terms, including your breach of any provision of the applicable Site Subscription Agreement, may result in suspension or termination of your access to the Site.
Proprietary Content. Prettyology respects the intellectual property rights of others and expects you to do the same. Prettyology has expended substantial time, effort and funds to create the Site and to provide the functionality, materials and services that are available on or through the Site. You understand and agree that Prettyology owns, or (where required, appropriate, or applicable) has been licensed by third-parties to use, all right, title and interest in and to the Site, functionality, materials and services made available on or through the Site, and all information, text (other than your Submissions), data, databases, graphics, images, sound recordings, audio and visual clips, logos, Site and other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Site and the Content constitutes valuable proprietary information of Prettyology that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and database rights, and all such rights are and shall remain the property of Prettyology or its licensors and content-providers. Prettyology grants you a limited, nonexclusive, personal license to access and make personal use of the Site and the Content solely for legitimate purposes. Any other access to or use of the Site or the Content constitutes a violation of these Terms. Except as expressly provided for in these Terms, any disclosure, copying, alteration, modification, reproduction, redistribution, retransmission, redisplay, reverse engineering, improvement, creation of derivative works, or any other use of any portion of the Site or of the Content, or any output generated from the use of the Site, in any other manner or for any other purpose constitutes an infringement of Prettyology’s intellectual property and other proprietary rights, and is strictly prohibited.
Use of Submissions. By submitting any information or material to the Site or to Prettyology (each, a “Submission”), whether through access to and use of the Site, you thereby expressly grant, or warrant that the owner of such material has expressly granted, a non-exclusive, royalty-free, and fully paid license to use, copy, reproduce and create derivative works of the Submission solely for the purposes of Prettyology and its Affiliates providing the Site. You are solely responsible for the accuracy, completeness and truthfulness of any information and materials that you submit or provide to us and for ensuring that you have the necessary rights to submit such information and materials for use by us.
Feedback. Notwithstanding anything to contrary in Section 4.2 (Use of Submissions) above, if you provide any suggestions, ideas, inventions, innovations, improvement or enhancement requests, feedback, recommendations, or other information to Prettyology regarding the Site or any of the services provided by Prettyology, in whatever form, whether or not patentable or copyrightable or made or conceived solely or jointly with others (collectively, “Feedback”), your Feedback shall become the property of Prettyology, and you hereby transfer and assign your rights in the Feedback to Prettyology.
Restrictions. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site or any of the Content. Except as expressly authorized by Prettyology in writing, in no event shall you publish, disclose, reproduce, redistribute, duplicate, copy, sell, resell, or exploit, all or any portion of the Site or the Content. You are not permitted to use any Prettyology trademarks or service marks. The Site and the Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes, without the express prior written permission of Prettyology. All rights not expressly granted in these Terms are reserved to Prettyology. No other rights or licenses whether express or implied, are conveyed or intended by the Terms.
Prettyology may terminate or suspend your Authorized User Account or prohibit you from using or accessing the Site (or any portion, aspect, or feature of the Site) for any violation of these Terms, with or without notice.
SUSPENSION OF THE SITE
Prettyology may, at any time, suspend the Site and/or your access to the Site if Prettyology reasonably believes that such a suspension is necessary to maintain the security or integrity of the Site, or to prevent misuse of the foregoing by any person, including you.
You agree to indemnify and hold harmless Prettyology and Prettyology’s officers, directors, employees, agents and licensors from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of, or in connection with any claim brought by any third party in connection with or arising out of (a) your access to and use of the Site, (b) your Submissions, or (c) your violation of this Agreement or its violation of any rights or another. Prettyology reserves, and you grant to Prettyology, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of this Agreement.
Disclaimer of Warranty
THE SITE IS SUPPLIED “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. PRETTYOLOGY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. PRETTYOLOGY DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRETTYOLOGY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF PRETTYOLOGY’S OBLIGATIONS UNDER THIS AGREEMENT. YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE AGAINST PRETTYOLOGY ARISING OUT OF THE SITE OR THIS AGREEMENT. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE SITE AND ANY OTHER SERVICES PROVIDED BY PRETTYOLOGY HEREUNDER IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT PRETTYOLOGY AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SITE, OR (B) UNAUTHORIZED THIRD PARTIES (E.G., HACKERS), MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. PRETTYOLOGY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ACTIVITIES NOR SHALL ANY SUCH ACTIVITIES CONSTITUTE A BREACH BY PRETTYOLOGY OF ITS OBLIGATIONS OF CONFIDENTIALITY HEREUNDER.
Limitation of Liability
IN NO EVENT SHALL PRETTYOLOGY OR ITS LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT, THE SITE, OR ANY SERVICES RENDERED HEREUNDER, EVEN IF PRETTYOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Waiver. No failure or delay by either party in exercising any right, power, or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.
Assignment. You may not assign these Terms without the written consent of Prettyology.
Governing Law; Severability. The validity, construction and performance of these Terms and the legal relations among the parties to these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to choice of law. If any provision of these Terms or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms will survive.
Survival. The following Sections shall survive expiration or termination of these Terms: 4.3 (Feedback), 7 (Indemnity), 8 (Disclaimer of Warranty), 9 (Limitation of Liability), 10 (General), and any other provision that the Parties reasonably contemplate as remaining in effect after expiration or termination of these Terms.
Construction. The section headings in these Terms are for convenience of reference only, will not be deemed to a part of these Terms, and will not be referred to in connection with the construction or interpretation of these Terms. Unless otherwise expressly stated, the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to sections of these Terms as a whole and not to any particular section, subsection or other subpart of these Terms. The words “include” and “including” shall not be construed as terms of limitation and shall, in all instances, be interpreted as meaning “including, but not limited to.”