Terms

Effective since March 2013

DBAD – Don’t be a douche. If you are a douche – then go away. Now, all the legal mumbo-jumbo:

BEFORE YOU USE THE SERVICE SUBJECT TO THESE TERMS OF SERVICE (THE “AGREEMENT”), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN MYNT PARTNERS INC. (“OUR”, “US”, “WE”, THE “COMPANY” OR “COLORISTA”), AND YOU (“YOU”, “YOUR” OR “YOURSELF”) WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED BUSINESS TOOLS.

THE COLORISTA SERVICE (THE “SOFTWARE” OR “SERVICE”) ARE PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW. OUR SOFTWARE IS LICENSED, NOT SOLD.

  1. Regarding COLORISTA Service
    1. By creating an account and as long as you are a customer of COLORISTA, you are granted a right to use the COLORISTA Service (the “Service”) subject to the restrictions set forth in this Agreement and any other restrictions stipulated to you by us in writing.
    2. You must supply COLORISTA with current and complete information to register for Service.
    3. You can terminate your account at any time; and COLORISTA reserves the right, in its sole discretion, to terminate your account if you violate this Agreement.
    4. By uploading, submitting or making available for inclusion in publicly accessible areas of COLORISTA photos, graphics, audio or video to COLORISTA, you represent that you have full authorization to do so. You also grant COLORISTA, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on COLORISTA solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on COLORISTA and will terminate at the time you remove or COLORISTA removes such Content.
  2. Modification to Service
    COLORISTA may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and COLORISTA shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. COLORISTA has no obligation to continue producing or releasing new versions of the Service.
  3. Service Implementation, Registration and Payment Terms
    1. You agree to use the Service only through your App&Website or software application (the “Site”) and we reserve approval authority as to the implementation and use of the Service on the Site. We may suspend the Service in the event we find any implementation issues with the Site. Such suspension shall remain in effect until you correct any issues specified by COLORISTA and a suspension shall not relieve you of your payment obligations under the Agreement.
    2. You agree to provide us with current, complete and accurate registration information for the Service and to maintain and properly update such information. You authorize us to confirm that the credit card account that you use in connection with the Service is and remains in good standing with a financial institution as long as you are using the Service. You authorize us to obtain credit reports or other background inquiries from time to time to assess your eligibility to continue use of the Service.
    3. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as “IDs”). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
    4. COLORISTA is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Service, you hereby release COLORISTA from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify COLORISTA of any Fraudulent Actions which may affect the Service. COLORISTA reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or customer to engage in, Fraudulent Actions.
  4. Service Use and Limitations.
    1. We will make reasonable efforts to keep the Service operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will provide reasonable prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
    2. For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with COLORISTA (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    3. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    4. When you publish content or information, it means that everyone, including people off of COLORISTA, will have access to that information and we may not have control over what they do with it.
    5. We always appreciate your feedback or other suggestions about COLORISTA, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
    6. We do our best to keep COLORISTA safe and spam free, but can’t guarantee it. To help us do this we ask the following from you.
    7.                                                       i.        You will not send or otherwise post unauthorized commercial communications (such as spam) on COLORISTA.
    8.                                                      ii.        You will not collect users’ content or information, or otherwise access COLORISTA, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    9.                                                     iii.        You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on COLORISTA.
    10.                                                     iv.        You will not upload viruses or other malicious code.
    11.                                                      v.        You will not solicit login information or access an account belonging to someone else.
    12.                                                     vi.        You will not bully, intimidate, or harass any user.
    13.                                                    vii.        You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
    14.                                                   viii.        You will not develop advertise or otherwise market alcohol-related or other mature content.
    15.                                                     ix.        You will take full responsibility for any promotion you offer on COLORISTA, and will follow all applicable laws.
    16.                                                      x.        You will not use COLORISTA to do anything unlawful, misleading, malicious, or discriminatory.
    17.                                                     xi.        You will not do anything that could disable, overburden, or impair the proper working of COLORISTA, such as a denial of service attack.
    18.                                                    xii.        You will not facilitate or encourage any violations of this Agreement.
      1. To make sure we are able to provide a service to our users and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you pledge to do the following:
      2.                                                       i.        You will keep your contact information accurate and up-to-date.
      3.                                                      ii.        You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
      4.                                                     iii.        You will not transfer your account to anyone without first getting our written permission.
      5.                                                     iv.        If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
        1. Proprietary Rights
          1. The Service contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, logos, functionality, mobile app(s) and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Service owned by the Company.
          2. Subject to the terms and conditions hereof, Company hereby grants you a limited, revocable, nonsublicensable license to display the Company Property (excluding any software code) solely for personal, non-commercial use in connection with viewing the Service or other uses which are expressly permitted by the Company in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Service’s logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
          3. Any text, images, or other audiovisual information (collectively, “Content”) posted on the Service shall belong to the person that posted such Content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
          4. In order to operate the Service, the Company needs the right to make certain uses of your publicly posted Content. Therefore, when you post Content on the Service, you agree to grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the Service and on Service affiliated with the Service regardless of the form of media used or of whether such Service now exist or are developed in the future. By posting Content to the Service, you hereby represent and warrant that you have the right to post that Content and to grant the foregoing rights to the Company.
          5. The Company reserves the right to remove any Content from the Service, at its sole discretion.
          6. The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

The Company will never provide access to your or your clients’ information to a third party without your expressed written consent.

The Company reserves the right to send your clients a newsletter from time to time if they opt in to receiving one. This communication will be highly targeted based on how they use COLORISTA for the purpose of letting them know how they can get more value from the site based on how they’re using it.

As part of the subscription service the Company offers the option for you to send SMS and email messages, app push notifications, mobile app advertisements and more to your clients for various reasons such as sharing the hottest new hair styles and colors. By agreeing to these terms you’re expressing that you have permission from them to send these notifications and that you take responsibility for adhering to the client’s wishes to receive or not receive them.

The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached at legal@COLORISTapp.com

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • YOU UNDERSTAND THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER COLORISTA’S CONTROL (SUCH AS A THIRD PARTY SERVERS). COLORISTA MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY’S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.

Indemnification
You agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any third party claims or damages relating to death or personal injury arising from clients obtained by you through use of the Service This defense and indemnification obligation will survive the termination of this Agreement and your use of the Service.

Privacy
Our collection of information from you or your clients, if any, is subject to our Privacy Policy, which is incorporated herein and available at http://COLORISTapp.com/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Miscellaneous

  • This Agreement, and all referenced exhibits or policies constitutes the entire agreement between you and the Company concerning the subject matter herein and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Agreement.
  • The Company may assign this Agreement in whole or part at any time.
  • The Agreement and the relationship between you and the Company shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario.
  • Any failure of the Company to enforce or exercise a right provided in this Agreement is not a waiver of that right.
  • Should any provision of this Agreement be found invalid or unenforceable, the remaining terms shall still apply.
  • You and the Company both 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, the Agreement Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.