Additional terms
Certain features or services offered on the The Light Fantastic Salonspa Sites may be subject to separate guidelines, terms and conditions which may be posted by The Light Fantastic Salonspa from time to time (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms. In most cases the Additional Terms are specific to a particular feature of a The Light Fantastic Salonspa Site or a service or offering provided on a The Light Fantastic Salonspa Site, but to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.
License & site access
All content included on the The Light Fantastic Salonspa Sites (including but not limited to, text, design, graphics, logos, button icons, images, sounds, audio clips, digital downloads, data compilations and software, as well as the selection and arrangement thereof) (collectively, “The Light Fantastic Salonspa Content”), is the exclusive property of The Light Fantastic Salonspa, its licensors or its content suppliers and is protected by United States and/or foreign copyright, trademark and other applicable laws.
The Light Fantastic Salonspa grants you a limited, revocable and non-exclusive license to access and make personal and non-commercial use of the The Light Fantastic Salonspa Sites, subject to the terms of these Terms. The Light Fantastic Salonspa strictly prohibits all other uses of the The Light Fantastic Salonspa Sites and The Light Fantastic Salonspa Content, including but not limited to:
- any downloading, copying, modifying or other use of the The Light Fantastic Salonspa Sites or The Light Fantastic Salonspa Content for any purposes competitive to The Light Fantastic Salonspa or for the benefit of another vendor or any third party;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
- any collection and use of any product listings, descriptions, or prices;
- any use of any meta tags or any other “hidden text” utilizing The Light Fantastic Salonspa’s name or trademarks;
- any use of data mining, robots, or similar data gathering and extraction tools.
- any caching or linking to a The Light Fantastic Salonspa Site, including in a manner that portrays The Light Fantastic Salonspa or its products or services in a false, misleading, derogatory, offensive or any other manner which The Light Fantastic Salonspa in its sole discretion, may find to be objectionable; and
- any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer.
You are responsible for obtaining access to the The Light Fantastic Salonspa Sites, and any third-party fees (such as Internet service provider or airtime charges). You must provide and are responsible for all equipment necessary to access the The Light Fantastic Salonspa Sites. You may not bypass any measures that have been implemented to prevent or restrict access to the The Light Fantastic Salonspa Sites. Any unauthorized access to the The Light Fantastic Salonspa Sites by you shall terminate the permission or license granted to you by The Light Fantastic Salonspa.
The Light Fantastic Salonspa may terminate the foregoing licenses at any time for any reason or no reason, with or without notice, including for any unauthorized use. Except for the rights and licenses expressly granted, The Light Fantastic Salonspa reserves all other rights and no other rights are granted by implication or otherwise.
The Light Fantastic Salonspa is not obligated to, but reserves the right, to monitor, remove or edit User Content in its sole discretion.
If you do post any User Content, you grant The Light Fantastic Salonspa a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast, and display such User Content throughout the world in any media. You grant The Light Fantastic Salonspa and its sublicensees the right to use throughout the world the name that you submit in connection with your User Content, if we or they so choose. You represent and warrant: that you own or otherwise control all of the rights to your User Content that you post;; that use of your User Content does not violate these Terms nor infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; that your User Content does not violate any applicable laws or regulations and will not cause injury to any person or entity; and that you will indemnify The Light Fantastic Salonspa, including licensors against all claims, including an attorneys’ fees relating to that defence thereof, resulting from your User Content. To the full extent permissible by applicable law, The Light Fantastic Salonspa takes no responsibility and assumes no liability for any User Content posted by you or any third party on or through a The Light Fantastic Salonspa Site.
You will indemnify and hold harmless The Light Fantastic Salonspa Inc., its parent, subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “The Light Fantastic Salonspa Parties”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by the The Light Fantastic Salonspa Parties, and shall defend the The Light Fantastic Salonspa Parties against any and all claims arising out of
- (1) your breach of these Terms;
- (2) fraud you commit, or your intentional misconduct or gross negligence; or
- (3) your violation of any applicable U.S. of foreign law or the rights of a third party.
The applicable The Light Fantastic Salonspa Party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such The Light Fantastic Salonspa Party.
Trademarks
The trademarks, tradenames, service names, logos, marks of indicia or other proprietary graphics displayed on the The Light Fantastic Salonspa Sites (collectively, “Marks”) are the property of The Light Fantastic Salonspa or its licensors, content providers or other parties under applicable trademark laws of the United States and other countries. All other trademarks not owned by The Light Fantastic Salonspa or its subsidiaries that appear on the The Light Fantastic Salonspa Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Light Fantastic Salonspa or its subsidiaries.
You are prohibited from using or displaying any of Marks appearing on any The Light Fantastic Salonspa Site in any manner including, but not limited to use as meta tags on other pages or sites without the written permission of The Light Fantastic Salonspa or such third party which may own the applicable Mark.
Updates to these terms
To the full extent permissible by applicable law in your jurisdiction, The Light Fantastic Salonspa reserves the right to modify or update these Terms at any time without notice and your continued use of the The Light Fantastic Salonspa Sites after we post any revised Terms means you agree to be bound by such modifications or updates. We will notify you of any changes to these Terms by posting a new Terms of Use and updating the “last modified” date at the top of this page.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.