1. General
1.1 These Terms of Service (this "Agreement") constitute a legal agreement and govern your use of the pages of the Fluhme, LLC ("Fluhme") website located at www.fluhme.com (the "Site"), which is operated by Fluhme, and all services related to the Site (collectively, the "Service"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this Agreement, govern your use of those areas. IF YOU ARE A BEAUTY ARTIST AND YOU HAVE A FLUHME SPONSORED WEBSITE, YOUR USE OF THE SERVICE IS ALSO GOVERNED BY THE FLUHME POLICIES AND PROCEDURES WHICH ARE ACCESSIBLE THROUGH THE SITE.
1.2 Fluhme reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Fluhme as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.3 When using a particular Fluhme or affiliate service, you shall be subject to any posted guidelines or rules applicable to such service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference herein.
1.4 From time to time we may offer and/or co-sponsor contests, sweepstakes and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion or when you submit your entry.
1.5 Certain information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy on the Site. Notwithstanding the foregoing, Fluhme reserves the right at all times to disclose any information as Fluhme deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Fluhme’ sole discretion. You understand and agree that the Fluhme’ Privacy Policy, including enforcement of that policy, is not intended to confer and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time, and our changes are effective upon the posting of those changes on the Fluhme Site. This posting may be done without notice to you, as provided in the Privacy Policy.
2. Use of Content
2.1 You acknowledge that the Site and any necessary software used in connection with the Site ("Software") contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary and intellectual property rights of Fluhme or its licensors. All Content on the Site is copyrighted as a collective work of Fluhme pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users of the Service may use the Content only for their personal, non-commercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or the Software, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized in writing by the owner(s) of the software’s patent and/or copyright. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.
2.3 Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written permission of Fluhme or the owner(s) of such Content or their authorized persons, if other than Fluhme.
2.4 You hereby grant to Fluhme a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivate works from, publish, edit, translate, distribute, perform and display all submissions, written or otherwise, disclosed, submitted or offered to Fluhme on or by this Site or otherwise disclosed, submitted or offered by you in connection with your use of the Service (collectively, "Comments"). You represent and warrant that you are authorized to grant all rights in the Comments to Fluhme. Such disclosure, submission or offer of any Comments shall constitute a non-revocable license to Fluhme of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fluhme shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fluhme is and shall be under no obligation (a) to maintain any of your or any user’s Comments in confidence; (b) to pay to you or any user any compensation for any Comments; or (c) to respond to any of your or any other user Comments.
2.5 You agree and warrant that Comments submitted by you to the Site do not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you to the Site do not contain libelous or otherwise unlawful, abusive, obscene or pornographic material. You are and shall remain solely responsible for the content of any Comments you make.
2.6 Fluhme may send electronic mail to you in accordance with our Privacy Policy. You agree that it is your sole responsibility to scan any documents attached to our electronic mail for computer viruses, and to hold Fluhme harmless for any computer viruses you may receive from electronic mail sent from Fluhme.
3. Rules of Conduct
3.1 You shall not post on the Site any Content that:
a. is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening;
b. contains viruses or other contaminating or destructive features;
c. violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret, other intellectual property rights or violates any right of privacy or publicity;
d. constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
e. otherwise violates any applicable law.
3.2 You shall not:
a. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Service, including e-mail addresses, without the express consent of such users;
b. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
c. impersonate any person or entity, including, but not limited to, a Fluhme employee or a Beauty Artist, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means;
e. interfere with or disrupt networks or servers connected to the Site or violate the regulations, policies or procedures of such networks;
f. use, download or otherwise copy, or provide to any person or entity any Site user’s directory or other user or usage information or any portion thereof;
g. use the Site to harm minors in any way;
h. interfere with any other party’s use and enjoyment of the Site;
i. if you are under the age of 18, use the Site to purchase products without the involvement of a parent or guardian; or
j. copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the Site without the expressed written permission of Fluhme or the appropriate third party.
3.3 To access certain portions of the Service, including without limitation, to shop online or find a Beauty Artist, you may be asked to complete an online registration form. In consideration for your use of the Service, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
3.4 Upon registration, you may be given a password or user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Site under such password or user name. You agree to immediately notify Fluhme of any unauthorized use of your password or user name or any other breach of security.
4. External Sites
4.1 The Site may contain links to sites or pages on the Internet (each an "External Site") that are (a) owned and operated by a third party, or (b) co-branded with Fluhme’s logo by Fluhme and a third party, but which site is owned and operated by a third party. You acknowledge that Fluhme is not responsible for the availability of, or the content located on or through, any External Site. To the extent that our Site contains links to outside services and resources, the availability and content of which Fluhme does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Your linking to other sites from our Site is at your own risk, and you agree to hold Fluhme harmless for any damages that may occur from linking to another site from our Site.
5. Indemnity
You agree to indemnify, defend and hold harmless Fluhme and its affiliates, and their respective officers, members, managers, directors, owners, employees, agents, information providers and licensors (collectively, the "Fluhme Parties") from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Fluhme Party in connection with your use or any alleged use of the Service under your password by any person, whether or not authorized by you. Fluhme reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fluhme’s defense of such claim.
6. Termination of Service
Fluhme reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service you have registered for, at any time for any reason without prior notice or liability. Fluhme may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database or Content, without prior notice or liability.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
7.1 NEITHER FLUHME NOR ANY OF ITS LICENSORS OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES FLUHME, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF FLUHME THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER FLUHME NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
7.2 NEITHER FLUHME, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF FLUHME, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.4 The Site displays products available from your Beauty Artist, however not all products are available at all times and products may be changed, substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase from your Beauty Artist, we do not warrant the accuracy, completeness, reliability or currency of such descriptions. All of the terms and conditions governing the purchase of any product from your Beauty Artist are provided to you by your Beauty Artist before you confirm the submission of an order to your Beauty Artist. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLUHME OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE INTERNET TERMS OF SERVICE.
8. Notices
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Internet Terms of Service or other matters by displaying notices or links to notices to you generally on the Site.
9. Trademarks
Fluhme, and any variations thereof, are trademarks or registered trademarks in the United States of Fluhme and/or its affiliates. Fluhme’s trademarks may be used publicly only with the express written permission of Fluhme. The design and layout of the Site, and all other Web sites owned, operated, licensed, or controlled by Fluhme or its affiliates, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted in writing by Fluhme. Other product and company names mentioned herein are the trademarks of their respective owners.
10. Copyrights and Copyright Agents
Fluhme respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fluhme with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. 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 the copyright owner’s behalf.
Please send any claims of copyright infringement on Fluhme’s Site to: carecenter@fluhme.com..
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, without giving effect to any principles of conflicts of law. You irrevocably consent to bring any action to enforce or relating to this Agreement in the federal or state courts located in Pittsburg, Pennsylvania. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms (or reformable, if necessary), and shall not affect the validity and enforceability of any remaining provisions. Alternatively, such provision may also be modified to the extent necessary for its validity.
12. Miscellaneous
12.1 The Site is controlled and operated by Fluhme from its offices within the State of Pennsylvania. Fluhme makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12.2 This Agreement constitutes the entire agreement between you and Fluhme with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
12.3 If any inconsistency exists between the terms of this Agreement and any additional terms and conditions in any other agreement between you and Fluhme, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control over the terms and conditions in this Agreement.
12.4 Sections 2, 3, 4, 5, 7, 9 and 10 shall survive any termination of this Agreement as well as any other provisions, which by their terms or sense are intended to survive. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
13. Violations
Please report any violations of this Agreement to our support group at carecenter@fluhme.com.
