1. ACCEPTANCE Welcome to www.beautycastnetwork.com (the "Site"). This page ("Notice") states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Beauty Cast Network reserves the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.
2. ELIGIBILITY The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. If you are a minor you are only authorized to use the site to view the information that is displayed. You are not authorized to sign up for any services that require payment or legal consent to receive information (text messages for example). If you are a minor who wishes to sign up for a service offered on this site or to receive text messages or e-mail blasts you must have a parent or legal guardian sign up for said services and authorize any payments or receipt of information.
3. MOBILE DEVICES You acknowledge and understand that is you sign up for any mobile text messaging or e-mail blast service that we may provide that your carrier’s normal rate and fees for such text messaging and data charges will still apply.
4. LICENSE Beauty Cast Network grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are exclusive property of Beauty Cast Network or its content suppliers. U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws protect the Materials. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Beauty Cast Network prior written consent. All trademarks, service marks, and logos (the "Marks") displayed on the Site are exclusive property of and Beauty Cast Network and their respective owners. You shall not use the Marks in any manner without Beauty Cast Network and their respective owners' prior written consent. Beauty Cast Network Member Schools are granted the same limited, non-exclusive, non-transferrable, non-assignable, revocable license outlined above but said license is granted for the Member Schools commercial use.
5. USER SUBMISSION The Site provides a forum for you to obtain employment, career and student tracking information. By submitting or entering your information to the Site ("Submitted Material"), you agree that you grant Beauty Cast Network a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide. You acknowledge and accept that Beauty Cast Network is only a passive forum for users to obtain employment and career information. Beauty Cast Network does not screen or monitor any Submitted Materials. Beauty Cast Network therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. Beauty Cast Network reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that Beauty Cast Network considers to be unacceptable. In the event Beauty Cast Network receives notification regarding any unacceptable Submitted Materials, Beauty Cast Network may investigate such materials, in its sole discretion. You acknowledge and agree that Beauty Cast Network may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party. If Beauty Cast Network believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of Beauty Cast Network; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Beauty Cast Network claim under this Notice; and (vi) satisfy any claims regarding violations of third party's rights.
6. GENERAL PROHIBITION In connection with your use, you agree NOT to:
violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
upload, post, transmit, or store any material that:
is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
breaches any of your contractual or confidentiality obligations;
disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
are not permitted by, Beauty Cast Network including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information;
breach or attempt to breach any security measures of the Site;
use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without prior written Beauty Cast Network consent;
access or attempt to access any account or login of any third party listed on the Site;
copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
impersonate any person or entity;
forge any header information in any electronic posting or mail; or
misrepresent yourself, your affiliation with any third party, or your entity.
7. SPECIFIC USAGE AND RESPONSIBILITIES In addition to the general responsibilities listed in Section 6, you agree to comply with the following terms. You further agree to:
use the Site only for lawful purposes in searching for employment opportunities and career information;
provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
post materials for which you have all the necessary rights or licenses;
use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from the Site; and
bear the risks of any reliance or use of any Materials or any information provided by any third party.
8. ACCOUNT AND PASSWORD The Site may present you with opportunities to open an account with the Site. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Beauty Cast Network if there is any unauthorized use of your account or any breach of security.
9. EMPLOYMENT You understand and agree that (a) Beauty Cast Network does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.
10. LINKS TO THIRD PARTY The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites ("Linked Sites"). The Linked Sites may not be controlled or monitored by Beauty Cast Network. Beauty Cast Network shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Beauty Cast Network and the owner of the Linked Sites or any endorsement or sponsorship by Beauty Cast Network of the Linked Sites. Beauty Cast Network includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.
12. INDEMNIFICATION You agree to indemnify, defend, and hold, Beauty Cast Network and its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.
13. DISCLAIMER YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) BEAUTY CAST NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) EX BEAUTY CAST NETWORK PRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.
14. LIABILITY AND LIMITATIONS OF LIABILITY YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE BEAUTY CAST NETWORK, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE Â§1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT BEAUTY CAST NETWORK, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF BEAUTY CAST NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, BEAUTY CAST NETWORK’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10. IF YOU ARE A MEMBER SCHOOL USER YOU AGREE THAT BEAUTY CAST NETWORK’S ONLY DUTY IS TO COMPILE THE INFORMATION THAT IS SUBMITTED AND PLACED ON THE SITE BY YOU AND/OR YOUR STUDENTS. BEAUTY CAST NETWROK DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF THE INFORMATION SUBMITTED TO ITS SITE BY ITS CAST MEMBERS, NETWROK SCHOOLS OR OTHER THIRD-PARTY USERS. YOU AGREE TO HOLD RELEASE BEAUTY CAST NETWORK, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEEES HARMELESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR RELIANCE ON THE INFORMATION SUBMITTED TO THE SITE AND COMPILED BY BEAUTY CAST NETWORK .
15. TERMINATION Beauty Cast Network has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. Beauty Cast Network may also terminate your access to any part or all of the services provided by Beauty Cast Network on the Site at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the Site. Beauty Cast Network shall not be responsible for maintaining or returning you’re Submitted Materials, your account, or your logon and password. You should always maintain a copy of your Submitted Materials.
16. GENERAL You agree that there is no employment, partnership, agency, or joint venture relationship between you and Beauty Cast Network arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and Beauty Cast Network governing your Use of the Site and is additional to any binding agreement between you and Beauty Cast Network. The laws of the State of Tennessee, United States of America govern this Notice, without giving effect to any principles of conflict of laws. Beauty Cast Network does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. Sections 4, 5, 6, 7, 9, 10, 12, 13, 14, and 15 shall survive any termination of this Notice for any reasons.
17. VENUE AND CHOICE OF LAW AND ATTORNEY FEES You agree that the terms of this agreement are governed by the Laws of the State of Tennessee and any disputes shall be determined according to the laws of the State of Tennessee. You further agree that any and all court actions and legal proceedings arising out of this agreement and/or the use of this Site shall be brought in Shelby County, Tennessee. You further specifically agree to submit to the jurisdiction of the courts of Shelby County, Tennessee and hereby waive any defenses to being subject to the jurisdiction of said county and state. You further agree to be responsible to any and all reasonable attorney fees and costs incurred by Beauty Cast Network, its parents, subsidiaries, affiliates, officers, agents, and employees in the prosecution or defense of any claims or actions arising out of this agreement or use of the Site.
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