You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from NuMe Website(s); (c) do not have more than one account at any given time for the NuMe Websites; (d) have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party; and (e) will only provide us with true, accurate, current and complete information if you register for an account and/or Orders - if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Website(s) or Services (or any portion thereof).
In no event will STR8 Hair be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by STR8 Hair under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity.
You understand and accept that all information, data, design, text, graphics, logos, pictures, photographs, button icons, images, audio and video clips, the selection and arrangement thereof, and all software or other material appearing on the Websites (collectively, the “Content”) are owned by NuMe, or its licensors, and are protected under Copyright (c) 1999-2015 NuMe ABV Groups LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all content on the Websites is the exclusive property of NuMe and protected by U.S. and international copyright laws. All software used on the Websites is the property of NuMe, or its software suppliers and is protected by U.S. and international copyright laws.
You are expressly prohibited from using any Content without the express written consent of STR8 Hair, or its licensors or otherwise provided herein. Except as otherwise expressly stated herein, none of the Content may be reproduced for purposes of modification, distribution, republishing, transmission, display or performance, none of the Content may be downloaded, displayed, posted, transmitted, or copied in any form or by any means. Limited permission is hereby granted to display, copy, distribute, and download the materials on the Websites solely for your personal, non-commercial use to print hard copies of the Websites for the sole purpose of placing an order with STR8 Hair, using the Interactive Services, or using the Websites as a shopping resource. Such limited permission is allowed as long as you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website(s) designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
STR8 Hair respects the intellectual property of others, and we ask our users and visitors to do the same. STR8 Hair will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, STR8 Hair will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide STR8 Hair with the following information. Please be advised that to be effective the notification must include ALL of the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringed is located on the Site.
Your address, telephone number, and email address and all other information reasonably sufficient to permit STR8 Hair to contact you.
A statement by you that you have an honest belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
19734 Dearborn Street
Chatsworth, CA 91311
[email protected] (Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING STR8 Hair THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS DEPARTMENT.
All comments, feedback, pictures, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information and other submissions disclosed, submitted or offered to STR8 Hair or included with any hashtags provided by STR8 Hair, on or by the Websites or otherwise disclosed, submitted or offered in connection with your use of the Websites (collectively, “User Content”) shall, to the fullest extended permission by applicable law, be and remain STR8 Hair property. Such disclosure, submission or offer of any User Content shall constitute an assignment to STR8 Hair of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, STR8 Hair will exclusively own all such rights, titles and interests and shall not be limited in any way in its use or modifications to the submission, commercial or otherwise, of any User Content.
STR8 Hair is not and shall not be under any obligation to, (1) maintain any User Content in confidence; (2) pay user any compensation for any User Content; (3) credit or acknowledge any user for User Content; or (4) respond to any User Content. You agree that User Content submitted by you to the Websites will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Websites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials. You further agree that User Content submitted by you to the Websites will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material. You further agree that STR8 Hair may use and/or disclose information about your demographics and use of the Websites in any manner that does not reveal your identity. By participating in STR8 Hair sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that STR8 Hair may use your information for marketing and promotional purposes.
MODIFICATION OF CONTENT
You understand that the technical processing and transmission of the Website(s) may involve, (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Website(s). You agree that you will not harvest, collect or store information about the users of the Website(s) or the User Content or use such information for any purpose inconsistent with the purpose of the Website(s) or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by STR8 Hair in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website(s) or any activities conducted on the Website(s); (iii) bypass any measures we may use to prevent or restrict access to the Website(s) or portions thereof (or other accounts, computer systems or networks connected to the Website(s)); (iv) run any form of auto-responder or “spam” on the Website(s); (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website(s); or (vi) harvest or scrape any content from the Website(s).
ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
We may display advertisements for the goods and services of a third party on the Website(s), including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
You may be invited or asked to attend events we sponsor or events held by other members and users of the Website(s) which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk, and you agree to release and hold STR8 Hair, its subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.
STR8 Hair may, from time to time, sponsor contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
USER INDEMNIFICATION OBLIGATIONS
You agree that STR8 Hair may send emails to you for the purpose of advising you of changes or additions to the Websites, about any of STR8 Hair products or services, or for such other purpose(s) as STR8 Hair deems appropriate.
AMEND TERM OF USE
In the event product costs or any fees are listed or charged at an incorrect price (as determined by the Company), the Company shall have the right to refuse or cancel any such orders placed for incorrect pricing. The Company has the right to refuse or cancel any such orders whether or not the order has been confirmed and the credit card charged. If the credit card has already been charged for the purchase and the order is canceled, the Company shall issue a credit to the credit card account in the amount of the charge in a timely manner.
Prices for products offered by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering.
COLORS OF PRODUCTS ON SITES
We have made every effort to display, as accurately as possible, the colors of our products (tools and cosmetics) that appear on the Websites. However, the actual colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate.
RISK OF LOSS
All items purchased from STR8 Hair are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect to the Products, including delivery charges, as applicable.
RETURNS, REFUNDS, AND TITLE
STR8 Hair is non refundable
CHANGES TO OR TEMPORARY UNAVAILABILITY OF WEBSITES
This site is created and controlled by the Company in the state of California. As such, the laws of the state of California and the United States of America will govern these disclaimers, terms and conditions. The legal Jurisdiction will be Los Angeles, California. Your use of this Site shall be governed in all respects by the laws of the state of California, U.S., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over any venue in any legal proceeding directly or indirectly arising out of or relating to STR8 Hair Websites (including but not limited to the purchase of STR8 Hair products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Sites (including but not limited to the purchase of STR8 Hair products) must be commenced within one (1) year after the claim or cause of action arises. STR8 Hair failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. STR8 Hair may assign its rights and duties under this Agreement to any party at any time without notice to you.
STR8 Hair makes no representation that materials in the Website(s) are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. The internal substantive laws of the State of California shall govern any claim relating to the materials.
By using NuMe Website(s), you agree that NuMe at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Website(s), and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards, and participant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages including attorneys’ fees. Other than participant’s actual out-of-pocket expenses (i.e., costs associated with purchasing a product), the participant further waives all rights to have damages multiplied or increased. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining provision.
STR8 Hair IS PROVIDING THE WEBSITES, THEIR CONTENTS AND ALL CONTENTS OF THE WEBSITES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITES OR SERVICES OFFERED, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, STR8 Hair DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NUME DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITES OR THE SERVICES OFFERED IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
BY YOUR USE OF THE WEBSITES, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITES, AND THAT STR8 Hair WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.