- Description of Service
Posh Beauty is providing Member with a venue to connect and communicate between individuals seeking beauty services and/or individuals or businesses providing beauty services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
- PAYMENT AND REFUND POLICY. The basic services of PoshBeauty.com are free for regular users. However, there is a fee for beauty professionals or businesses who want to advertise their services.Beauty professionals and businesses have the option of subscribing to our services. Beauty professionals and businesses that have a business account are obligated to pay for the service on their account, unless specifically notified otherwise. Beauty professionals and businesses that have a business account authorize PoshBeauty.com to charge their chosen payment provider for participation in the subscription. PoshBeauty.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of Beauty professionals and businesses that have a business account will be automatically extended for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional subscription rate. To cancel your subscription, contact PoshBeauty.com or edit your account settings.No refunds or credits will be provided for subscription or account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site.
- PROHIBITEDYou agree not to post, email, or otherwise make available Content:a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) that impersonates any person or entity, including, but not limited to, a Posh Beauty employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
g) that includes personal or identifying information about another person without that person’s explicit consent;
h) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
m) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
n) “stalk” or otherwise harass anyone;
o) collect personal data about other users for commercial or unlawful purposes;
- Disclaimer of Warranties.
The site is provided by Posh Beauty on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Posh Beauty makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Posh Beauty shall have no liability for any interruptions in the use of this Website. Posh Beauty disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
POSH BEAUTY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR POSH BEAUTY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF POSH BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Posh Beauty, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Posh Beauty reserves the right to modify or discontinue the Service with or without notice to the Member. Posh Beauty shall not be liable to Member or any third party should Posh Beauty exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Posh Beauty does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Posh Beauty makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.Posh Beauty makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts California
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Â©2005 PoshBeauty.com, with all rights reserved, or is the property of Posh Beauty and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Posh Beauty is strictly prohibited. Members agree that they will not use any robot, spider, or others automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Posh Beauty.Posh Beautyâ„¢ and PoshBeauty.comâ„¢ are proprietary marks of PoshBeauty.com. Posh Beauty’s trademarks may not be used in connection with any product or service that is not provided by Posh Beauty, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Posh Beauty.All other trademarks displayed on Posh Beauty’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Posh Beauty.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PoshBeauty.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.By Mail
9701 Wilshire Blvd.
Beverly Hills, California 90212
USABy Telephone: 1-888-330-7674
By Email: firstname.lastname@example.org
Posh Beauty retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Posh Beauty reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms