Terms of Use
1. GENERAL
a) This site is created and operated by Indie Beauty Media Group (IBMG) LLC, which is collectively referred to herein as the “Site.” When you choose to use the web service(s) provided on the Site (the “Services”), you are agreeing to all of the terms and conditions of this Agreement between you and IBMG.
b) IBMG shall have the right, at its discretion, to change, modify, add or remove terms of this Agreement at any time without notice. While we will endeavor to post such changes, nonetheless, changes shall be effective immediately.
c) The Services are not intended for users under the age of 13, and IBMG does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Site’s public areas. Any information submitted by such users will not knowingly be used, posted, or retained by us.
d) YOUR CONTINUED USE OF THE SITE AND THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF USE, WILL INDICATE YOUR ACCEPTANCE THEREOF.
e) IBMG may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. IBMG may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.
2. CONTENT, COPYRIGHTS; TRADEMARKS
a) All of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Site, and including the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”), are: Trademark Indie Beauty Expo. 155 Water Street, Suite 201, Brooklyn, NY 11201 U.S.A., or third-party content providers, and are protected by U.S. and international copyright laws. All rights reserved.
b) All Content is protected by copyright, and owned or controlled by IBMG or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. If you have any questions about whether your Content is protected by copyright and the steps to take to secure a registration of a copyright in your Content you should consult with an attorney. To the extent that copyright protection exists in your Content, you will retain ownership on such copyright when you submit Content to our site, subject to certain licenses granted to us and/or parties who wish to use your Content, as more particularly described herein.
c) The Content made available on the Site or in connection with the Services is intended for your personal, noncommercial use. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Other than as expressly provided in this Agreement, no other use is permitted.
d) You may not modify, copy, frame, rearrange, distribute or redistribute, reproduce, sell, publish, transmit, display or otherwise use any of the Content or any part of the Site, or remove or alter advertising, whether or not for payment or other consideration, without prior written permission from IBMG.
e) In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Site.
f) The Content includes logotypes, trademarks and service marks owned by IBEMG and by other information providers and third parties, none of which may be used in any manner unless approved, in advance and in writing, by IBMG.
g) Requests to use the Content for any purpose other than as permitted in this Section 2 should be directed to the appropriate IBMG publisher; if you are unsure, please contact editor@beautyindependent.com.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
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an identification of the copyrighted work and the location on the Site of the allegedly infringing work;
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a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
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your name and contact information, including telephone number and e-mail address; and
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a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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The contact information for Indie Beauty Media Group DMCA Agent for notice of claims of copyright infringement is: privacy@IndieBeautyexpo.com
3. SUBMISSIONS AND USER-CREATED CONTENT
a) You are solely responsible for the Content you submit to the Site.
b) You represent, warrant and covenant that all Content you submit to the Site (i) are owned or otherwise controlled by you, (ii) are accurate, (iii) do not violate these Terms of Use, (iv) will not cause injury to any person or entity, (v)
will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (vi) do not contain libelous or otherwise unlawful material.
c) You acknowledge that any Content you submit may be edited, removed, modified, published, transmitted, and displayed by IBMG, in its discretion, including those it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights (as that term is understood in copyright law) you may have in having the Content altered or changed in a manner not agreeable to you.
d) By submitting Content to the Site, you hereby grant to IBMG, its affiliates and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant IBMG the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without the need for additional compensation of any sort to you. such Content (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed.
e) Anything in this Section 3 to the contrary notwithstanding, all such uses of the Content shall be attributable to you, unless you indicate in writing at the time of posting the Content that you do not wish attribution. You understand and agree that we shall not be liable in any way whatsoever for the inadvertent failure to attribute Content to you or the failure of any of our members to attribute Content to you.
f) You understand and agree that others may use your Content and therefore license all of our present and future site visitors and hereby grant to such site visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use. The limitations of such license are set forth in the paragraph g) below.
g) The Content posted by others on our web sites is intended solely for your personal use. Accordingly, you may not use such Content in any form for any commercial purpose whatsoever or reproduce such Content except as specified below. In this regard, you may only make (a) one machine readable copy, (b) on backup copy and (c) one print copy of the pages in the web sites. You acknowledge and agree that all other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you acknowledge and agree that you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes. All other rights are reserved.
h) Apart from those designated sections of our web sites that provide for user submissions of Content, IBMG, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication. IBMG, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site.
4. INTERACTIVE AREAS; POSTING RULES
a) The Site may contain bulletin boards and other such interactive areas, which are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of the Site and the volume of messages and postings, while we make every effort to be aware of how the Site is being used, we cannot and do not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
b) We reserve the right, but not the obligation, to monitor all postings and to remove or alter any Content which, in our sole and absolute discretion, constitutes a misuse thereof these and may restrict, suspend or terminate your use of the Services or our Site where we believe that there has been such a misuse. Due to the global nature of the Internet, you hereby agree to comply with any applicable rules regarding the export of any data from any country. Without limiting this right, we have attempted to provide below guidelines to those posting content on our Site. A violation of certain of these posting rules may be referred to law enforcement authorities. When using the Site, please do not post material that:
i) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
ii) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
iii) violates any right of IBMG or any third party; or
iv) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
v) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; or
vi) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
vii) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
viii) uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
ix) uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of Use; or
x) includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; or
xi) uploads or transmits viruses or other harmful, disruptive or destructive files; or
xii) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or
xiii) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
c) Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. We shall not be liable for the use or misuse of any information or data, including personal information that is included in your posted Content.
d) We are not responsible for maintaining your posted Content and we may delete or destroy it at any time in our absolute and sole discretion with no liability or obligation to you of any sort.
5. SALE OF DIGITAL PRODUCTS; SUBSCRIPTIONS
a) IBMG reserves the right at any time to charge fees for access to portions of the Site or particular Services offered. However, in no event will you be charged for access to these Services unless we obtain your prior agreement to pay such charges.
b) As part of its Services, Indie Beauty Media Group offers Digital Products for sale, such as (but not limited to) timed-access subscriptions and one-time purchase media products for Beauty Independent (“Digital Products”).
c) You do not require a subscription for certain Beauty Independent content and services, but your use of the Site will be limited.
d) A Beauty Independent subscription can be reviewed and purchasedhere.
e) IBMG may change, suspend or discontinue any aspect of the Digital Products at any time, including the availability of any feature, database or content.
f) Only one person may use the username and password associated with a Digital Product account. For details about your purchases, including payment methods, status, type and expirations, visit the My Account page of Beauty Independent.
g) We reserve the right to deny an individual subscription or access to Digital Products at our sole discretion, with or without notice and with no further obligation.
6. PAYMENT PROCESSING; CANCELLATIONS; REFUNDS
a) Upon purchase of a subscription you authorize us to charge your credit/debit card monthly or annually for the rate you selected, at the time of sale (or, if applicable, at the end of a free trial period) and then on the same date for each subsequent month/year.
b) Your subscription continues automatically until you tell us to cancel. You always have the right to cancel anytime, and your cancellation is effective at the end of your billing month.
c) To change your payment method or cancel your subscription, visit My Account.
d) All charges, including paid-in-full annual subscriptions, are non-refundable. When you cancel your subscription, you will continue to have the same access and benefits of your subscription for the remainder of the current billing month. You will not receive a refund.
e) If IBMG issues a refund or credit under any circumstance, it is under no obligation to issue the same or similar refund in the future.
f) IBMG may change its prices and fees at any time. We will clearly state all our prices and terms during the payment process.
g) We reserve the right to cancel and terminate your subscription or access to Digital Products at any time at our sole discretion; to offer temporary free access to a service that you are paying for; and to alter or modify our digital products or services. You will not receive a refund under these circumstances, nor if the Digital Product services are temporarily unavailable at any time.
7. USE OF REGISTRATION DATA
a) Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, in order to register for IBMG events, subscribe to IBMG publications, or to enter into a sweepstakes or promotion. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
b) If you use or visit the Site, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name in whole or in part. IBMG reserves the right to terminate the use by, and deny access to the Site to any person who violates this Terms of Use.
c) You agree that any registration data you provide may be shared by IBMG with select third party business partners, consistent with our current Privacy Policy. IBMG shall inform its partners if you state a preference not to be contacted. However, IBMG shall not be responsible or liable if a partner contacts you, permits a third party to contact you, or provides or discloses your registration data to any third party.
d) You agree that IBMG, its business partners, or their designees may disclose registration data to third parties about you and information about your use of the Site, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless: (i) you have registered to receive any third party products or services, or have otherwise authorized such disclosure; or (ii) such disclosure is required by law or legal process.
8. USERNAME AND PASSWORD
In accessing and using various Site features, you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(i)immediately notify IBMG of any unauthorized use of your password or account or any other breach of security, and
(ii) ensure that you exit from your account at the end of each session. IBMG cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at IBMG’s sole discretion, and IBMG may refer you to appropriate law enforcement agencies.
9. LINKS
a) The Site may contain links to other related Internet sites, resources, and our sponsors. Your dealings or communications through the Site with any party other than IBMG are solely between you and that third party. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any complaints, concerns or questions regarding any external link to such site’s administrator.
b) If you operate a web site and wish to link to the Site, you may link either to our home page https://uplinkconnects.com, or to any other page or sub-domain of the Site. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express written consent. You may not alter or modify in any way, the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
10. REPRESENTATIONS AND WARRANTIES
a) You expressly agree that use of the Site and the Services is at your own risk. Neither IBMG, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Site or the Services, the Content or the results that may be obtained from use of the Site.
b) None of IBMG, their affiliates, employees, agents, content providers and licensors shall be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Site or its content, including losses related to your use or inability to use the Services, any errors, omissions or defects in the content, or any interruptions, delays in transmission or computer viruses.
c) IBMG is a distributor with regard to content supplied by third-party suppliers and users and, as such, we have no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of IBMG. IBMG does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
11. SOFTWARE LICENSES
a) With respect to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site and the Services provided:
(i) you shall have no rights to such software;
(ii) you may not sublicense, assign or transfer any licenses granted by IBMG, and any attempt at such sublicense, assignment or transfer shall be null and void;
(iii) you may make one copy of such software for archival purposes only; and
(iv) you may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
b) Any software that is made available to download from the Site is the copyrighted work of IBMG’ suppliers. Use of such software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with such software. End users shall not install or use any such software that is accompanied by or includes an end-user license agreement unless the end user first agrees to the license agreement terms. Any such software is not available to users in territories where its distribution is prohibited by law.
12. INTERNATIONAL USERS
The Site is controlled, operated and administered by IBMG from its offices within the United States. IBMG makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
13. INDEMNITY/LIMITATIONS OF LIABILITY
a) As a condition of use of the Site and the Services, you agree to indemnify, defend and hold harmless IBMG, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys’ reasonable fees, arising from or relating to any allegation regarding
(i) your use of the Site and/or Services,
(ii) IBMG’s use or distribution of any content or information you provide,
(iii) information or material posted or transmitted through your account, even if not posted by you, and
(iv) any violation by you of these Terms of Use.
b) You shall cooperate as fully as reasonably required in the defense of any such claim. IBMG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
c) Under no circumstances, including negligence, shall IBMG, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that IBMG is not liable for any conduct of any user.
d) If you are dissatisfied with any IBMG material, or with any of IBMG’s terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
14. DISCLAIMER
ALL MATERIALS AND SERVICES IN THE SITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. IBMG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME, INCLUDING CHANGES TO THESE TERMS OF USE. IBMG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE SITE AND/OR THE CONTENT CONTAINED HEREIN. IBMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT.
15. TERMINATION
a) IBMG may, in its sole discretion, terminate or suspend your access to all or part of the Site or the Services offered for any reason, including breach or assignment of this Agreement.
b) Termination of this Agreement for any reason, will not affect survival of those provisions of this Agreement for which survival is equitable or appropriate.
16. MISCELLANEOUS
a) This Agreement is accepted upon your use of the Site or any of the Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
b) The failure of IBMG to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
c) This Agreement has been made in and shall be construed and enforced in accordance with New York law and operates to the fullest extent permissible by law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the Commonwealth of New York State.
d) Official correspondence must be sent via postal mail to:
INDIE BEAUTY MEDIA GROUP
Attn: General Counsel
155 Water Street, Suite 201
New York NY. 11201DBA
phone: (718) 928-9954
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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