The Site is offered and available to users who are the age of majority in their place of residence. By using the Site, you represent that you are the age of majority in your place of residence and that your use of the Site is not prohibited by local law.
3. Limited Right to Use the Site. You may use the Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sale, public display, preparation of derivative works or other use. No part of any content available on the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than as may be incidental to your personal use, but not for resale or redistribution.
You may use the Site for lawful purposes only. You agree not to use the Site:
- In any way that violates any applicable law or regulation.
- To engage in any conduct that may harm us or users of the Site or expose us to liability.
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any party’s use of the Site.
You will not attempt to gain unauthorized access to, copy content from, or interfere in any way with the proper working of the Site or any associated hardware, software, or links provided on the Site (whether by manual or automated means).
4. Accessing the Site and Account Security. We reserve the right to withdraw or amend the Site, and any services, products, or information provided on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
To access the Site or some of its features, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.
5. Changes to the Site. We reserve the right to modify the Site or your access to the Site, in whole or in part, at any time in our sole discretion. We may modify or update the content on this Site from time to time, but we have no obligation to do so, and the Site’s content is not necessarily complete or up-to-date.
8. Intellectual Property Rights. You hereby acknowledge and agree that as between you and us, we exclusively own all worldwide right, title and interest in and to all content, graphics, photographs, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site (collectively “Materials”), and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, except as allowed by Section 1 above, is strictly prohibited. You do not acquire any ownership rights to any of the Materials by virtue of such use. Our posting of information or materials on the Site does not constitute a waiver of any of our rights therein, all of which are reserved to us and/or our licensors.
9. Trademarks. You acknowledge and agree that “Everpro,” “Everpro Beauty,” “Back2Blonde,” “Zero Grey,” and other marks on the Site are the trademarks or service marks of us and/or our licensors and shall remain the exclusive property thereof. Other product and company names mentioned on the Site are the marks and property of their respective owners.
10. Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Site. However, it is possible that information contained or made available on the Site may be incorrect, incomplete, or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Site will be uninterrupted or error free or that the Site will be free from loss, corruption, attack, interference, hacking or other security intrusion.
If you notice any errors or omissions in the information on the Site or other concerns, please report them to us for investigation.
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MATERIALS AND INFORMATION PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, IS GIVEN WITH RESPECT TO THE SITE, THE CONTENTS THEREOF, OR ANY HYPERLINKS PROVIDED TO OTHER INTERNET RESOURCES.
NEITHER EVERPRO, MANA PRODUCTS, INC., ITS SUBSIDIARIES OR AFFILIATES, NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ITS CONTENT.
a. License. By submitting User Submissions, you hereby grant to us an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, sublicensable, transferable and irrevocable right and license, but not the obligation, to use, edit, alter, change, condense, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, or commercial purposes, without any payment to or further notice to or authorization by you.
b. Your Representations. For each of your User Submissions, you affirm, represent, and warrant that: (i) the content of your User Submission is original to you and you own all right, title and interest to your User Submission and have the right to grant the license set forth above; (ii) use of your User Submission on the Site or otherwise by us or our licensees or assigns, in whole or in part, will not infringe the rights of any third party including, without limitation, any intellectual property or privacy rights; (iii) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission allowing us to use and publish the User Submission without any obligation to such person; (iv) your Reviews and Ratings reflect your honestly held opinion regarding our product(s) and do not impersonate any person or entity; and (v) your User Submissions do not contain any spam, commercial content, third party trademarks, malware, viruses, corrupted files, personally-identifiable or contact information of yourself of any other person, or any content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable.
12. Notice of Copyright Infringement. We respect the intellectual property rights of others. If you are a copyright owner and believe any User Submissions or other content on the Site infringes your copyright rights, please contact us at email@example.com with details about your concern and we will take expeditious steps to investigate and remove the content, if warranted.
13. Limitation of Liability. To the fullest extent permitted by law, Mana Products, Inc., its parents, subsidiaries, affiliates, divisions (including but not limited to Everpro Beauty), officers, directors, employees and agents (the “Mana Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Site or any information provided on the Site, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Site or your provision of information to the Site, except that the foregoing shall not limit or exclude our liability for: (a) death, personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Mana Parties’ gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct; (b) fraudulent misrepresentation; (c) breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or (d) any other liability that, by law, may not be limited or excluded.
15. Governing Law; Miscellaneous. These terms and conditions shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms and conditions or the Site will only be dealt with by the English courts, except that a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
16. Questions or Concerns Regarding the Site. In the event you have a question or concerns regarding the Site, please contact us at firstname.lastname@example.org
(Last Modified January 2017)