Acceptance of Terms
Description of Service
Through our site, NYSBSA strives to provide users — NYSBSA members and friends of New York beauty education — with access to a rich array of business and educational resources. We hope you find our site useful. We reserve the right to modify, suspend, or discontinue our site, or any part of it, at any time, for any reason without prior notice to you. You agree that we shall not be liable for any such modification, suspension, or discontinuance.
If you choose to become a registered user of our site, you agree to provide us with true, accurate, and current registration information and to update your registration information to keep it that way.
Please keep your user ID and password confidential. You agree to accept sole responsibility for all activities that occur using your password.
As a condition of using our site, you agree not to use our site, among other things, to:
1. impersonate any person or entity, including but not limited to an official of NYSBSA or its affiliates, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any text, software, music, sound, photographs, graphics, video, or other materials (hereinafter referred to as “Content”) transmitted through our sites;
3. harm minors in any way;
4. harass, threaten, embarrass or cause distress, unwanted attention, or discomfort to a person or entity;
5. transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by NYSBSA;
6. transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
7. transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation;
8. transmit or otherwise make available any Content containing any “virus,” “worm,” “trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt our site or servers or networks connected to our sites, or disobey any requirements or policies of networks connected to our sites; or
10. intentionally or unintentionally violate any applicable local, state, national or international law.
You further agree that this list is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether certain conduct violates this User Conduct Section.
By submitting Content to us for inclusion on our site you represent and warrant that:
1. you own all the legal rights to the Content that you submit.
2. our publication of the Content will not infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party, and
3. you have complied with the TOU.
You also grant NYSBSA:
1. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any medium, and
2. the right to use the name and contact information that you submit in connection with such Content, if we so choose. You agree that you will not be compensated for any Content you submit to our sites unless expressly contracted in writing to do so.
You agree to indemnify and hold harmless NYSBSA, our affiliates, and each entity’s respective officers, directors, employees, agents, and partners from and against any claim or demand, including attorneys’ fees, made by any third party in connection with:
1. any Content that you transmit or otherwise make available via our sites,
2. your use of our sites,
3. your connection to our sites, or
4. your violation of the TOU.
You agree that NYSBSA may, in its sole discretion, terminate your use of our sites for any reason, including but not limited to a violation of the TOU, without prior notice to you. You also agree that NYSBSA shall not be liable for any termination of access to our sites.
Dealings with Advertisers
To defray the costs associated with providing our site, NYSBSA may sell advertising space on our sites. We do not examine or evaluate the products, services, or offerings of advertisers found on our sites. Accordingly, we do not warrant any products, services, or offerings of such advertisers. Your correspondence or dealings with such advertisers are solely between you and the advertiser. You agree that NYSBSA shall not be held liable for any loss or damage incurred as a result of any such correspondence or dealings.
Third-Party Content and Services
Because we provide a variety of resources on our sites, it is necessary for us to use third parties to contribute Content and offer services. Any Content or services made available by third parties on our sites are those of the respective authors and not of NYSBSA. NYSBSA neither endorses nor is responsible for the accuracy, reliability, or correctness of such Content or services.
The terms in the TOU do not apply to any Web sites that are linked from our site. These linked sites will have their own policies and practices that may be different from ours. You understand and agree that NYSBSA is not responsible for the operation of any linked site, and does not endorse nor is responsible for any Content, services, or advertising on linked sites. You agree that NYSBSA shall not be held liable for any loss or damage incurred as a result of such Content, services, or advertising.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” OR “AS-AVAILABLE” BASIS. NYSBSA EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
B. NYSBSA MAKES NO WARRANTY THAT:
THE CONTENT AVAILABLE VIA OUR SITES IS ACCURATE, RELIABLE, OR CORRECT;
OUR SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR THE MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS;
THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND
CONTENT AVAILABLE VIA OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CERTAIN EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT NYSBSA, OUR AFFILIATES, AND EACH ENTITY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, OUR SITES. THIS LIMITATION APPLIES WHETHER NYSBSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, CERTAIN LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Unless otherwise indicated, the Content displayed on our sites is the property of NYSBSA, our affiliates, third-party providers, or their respective licensors and is protected by copyright, trademark and other laws. Any such Content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, publish, translate, create derivative works from, distribute, display, retransmit, or sell such Content without the prior written permission of the respective owner. NYSBSA.org and the NYSBSA logo are service marks of NYSBSA. You may not display or use such service marks in any manner without prior written permission from NYSBSA.
The TOU constitutes the entire agreement between you and NYSBSA governing your use of our sites and supersedes any prior agreements, if any, between you and NYSBSA relating to any matter dealt with in the TOU. You may also be subject to additional terms that apply when you deal with advertisers or use links or third-party Content or services.
If you have any questions or comments regarding the TOU, please contact us.