We respect the intellectual property rights of others and we ask that you do the same. Except for any third-party content used as part of the Beauty Certificate Sites, the data and materials on the Beauty Certificate Sites, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Beauty Certificate Sites (collectively, “Qubed Content”) are the intellectual property of Qubed. Qubed Content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. We reserve all rights in and to Qubed Content. Qubed Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Qubed.
Qubed reserves the right to take any legal or technical remedies to prevent the violation of the Qubed Terms and to protect the Beauty Certificate Services, Users and the rights and property of Qubed and its affiliates. If you violate these Terms, your permission to use the Beauty Certificate Services automatically terminates and you must immediately destroy any copies you have made of the Qubed Content.
If you wish to request permission to use any Qubed Content in a manner otherwise prohibited under these Terms, please contact: firstname.lastname@example.org.
You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submissions”) that you submit, upload, publish, post or display on or through the Beauty Certificate Services. While Qubed has the right to monitor activity and content associated with the Beauty Certificate Services, and may choose to prescreen User Submissions, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that Qubed may use certain automated filters and other tools to block spam and to categorize and arrange User Submissions on the Beauty Certificate Services. We may, but will have no obligation to, remove or limit access to User Submissions originating from any User we believe in our sole discretion to be unlawful, abusive, harassing, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does Qubed have any obligation to verify the accuracy, timeliness or truthfulness of any User Submissions, nor to monitor any User on the Beauty Certificate Sites. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submissions that you post or store on the Beauty Certificate Services.
You understand that Qubed and Qubed affiliates are not responsible for User misuse or misappropriation of any content or information that you post anywhere on the Beauty Certificate Services.
You understand that in using the Beauty Certificate Services, you may be exposed to User Submissions that you find offensive, indecent and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Qubed be liable in any way for any User Submissions, including but not limited to errors or omissions in any User Submissions, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submissions posted, emailed, transmitted or otherwise made available via the Beauty Certificate Services.
Finally, you understand that should you provide Qubed with a testimonial, you are granting Qubed a world-wide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt and distribute that content (in whole or in part) for use in connection with or related to the Beauty Certificate Services.
Third Party Website Links to Beauty Certificate Sites
Qubed permits third party web sites to link to the Beauty Certificate Sites subject to the third party’s compliance with the following conditions. A site that links to the Beauty Certificate Sites:
May link to, but not replicate, content contained on the Beauty Certificate Sites;
Must not create a border environment or browser around content contained on the Beauty Certificate Sites;
Must not misrepresent Qubed’s relationship with the linker;
Must not imply that Qubed is endorsing or sponsoring the linker or the linker’s services or products;
Must not use Qubed Content without prior written permission from Qubed;
Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
Must not contain materials that would violate any laws; and
Must agree that the link may be removed at any time upon Qubed’s request pursuant to Qubed’s reserved rights to rescind its consent to allow the link.
Limitations on Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE BEAUTY CERTIFICATE SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE BEAUTY CERTIFICATE SITES; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE BEAUTY CERTIFICATE SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BEAUTY CERTIFICATE SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE BEAUTY CERTIFICATE SERVICES BY ANY THIRD PARTY.
QUBED RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE BEAUTY CERTIFICATE SERVICES OR THE CONTENT ON THE BEAUTY CERTIFICATE SITES OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE BEAUTY CERTIFICATE SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE BEAUTY CERTIFICATE SERVICES AND THE BEAUTY CERTIFICATE SITES.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL QUBED’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE BEAUTY CERTIFICATE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Registration, Passwords and Account Security
You may have the option to view a limited amount of Qubed Content without registering with Qubed, but as a condition of using certain aspects of the Beauty Certificate Services, you will be required to create a user profile (“User Profile”) by providing your email address, name and selecting a password. Your password should be seven (7) characters in length. If you create a User Profile, you acknowledge that we will treat anyone who logs in using your User Profile as “you.” We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your account with or without your knowledge. Therefore, we recommend that you maintain your password in confidence and that you refrain from disclosing this information to anyone. However, by registering with Qubed, you agree not to share your account with anyone. You agree to notify us immediately of any unauthorized use of your password or User Profile or any other breach of security. Qubed may, for security or other reasons, require you to change your user name and/or password and issue new ones to you. Qubed reserves the right to cancel your user-name and password without notice if Qubed becomes aware of any breach of these Terms.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User account. By using the Beauty Certificate Services, you agree that you will not encourage, solicit, assist or enable any third party to:
Use the Beauty Certificate Services for any unlawful purpose, including but not limited to conspiring to violate the law;
Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
Create a false or misleading identity for any reason whatsoever, including, but not limited to, impersonating a Qubed employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
Transmit, email or post any content that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Use the Beauty Certificate Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Beauty Certificate Services, including but not limited to interfere with or disrupt the Qubed servers or networks connected to the Beauty Certificate Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Beauty Certificate Sites;
Attempt to gain unauthorized access to the Beauty Certificate Sites, User Profiles, computer systems or networks connected to the Beauty Certificate Services, through password mining or any other means;
Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the Beauty Certificate Services;
Register for more than one User Profile or register for a User Profile on behalf of an individual other than yourself;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the Beauty Certificate Sites, except as expressly authorized by Qubed, provided that, unless otherwise determined by Qubed, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;
Copy any part of the Beauty Certificate Services without the express permission of Qubed unless permitted to do so under these Terms, remove any copyright, trademark or other proprietary notices from the Beauty Certificate Sites or any copy thereof without the express permission of Qubed, or cause, permit or authorize the modification, creation of derivative works, or translation of the Beauty Certificate Sites without the express permission of Qubed;
Reformat or frame any portion of the web pages that are part of the Beauty Certificate Services;
Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
Interfere with another User’s use and enjoyment of the Beauty Certificate Services;
Harvest or collect email addresses or other contact information of Users, including usernames, from the Beauty Certificate Services by electronic or other means;
Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third-party web site or service;
Take any steps to interfere with or in any manner compromise or circumvent any of Qubed’s privacy or security measures;
Use the Beauty Certificate Services for any unauthorized purpose or in any manner not expressly permitted by the Terms.
Modification or Termination
Qubed reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Beauty Certificate Services (in whole or in part) with or without notice to you.
Qubed may terminate your account and may suspend or remove you from the Beauty Certificate Services without prior notice for any reason or no reason at our sole discretion. You agree that Qubed will not be liable to you or any third party for any modification, suspension or discontinuance of the Beauty Certificate Services.
Contact for Alleged Copyright Infringement
If you believe that your work has been copied and posted on the Beauty Certificate Sites or through the Beauty Certificate Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Beauty Certificate Sites; your address, telephone number, and email address; a written 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 owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.
The Qubed Copyright Agent for notice of claims of copyright infringement can be reached at:
Attn: Copyright Agent
119 W 24th, NY, NY 10038
Upon receipt of notice as described above, Qubed will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Beauty Certificate Sites, in accordance with applicable law.
Changes to the Terms
We reserve the right to update or modify these Terms at any time and without prior notice, by posting a link to the revised version of the Terms on the Beauty Certificate Sites.
Children Under the Age of 13
The Beauty Certificate Services are not directed at children. Children under the age of 13 should not attempt to use or access Beauty Certificate Services.
Please send any questions, concerns or comments, or report violations of the Terms to us at: email@example.com
Beauty Certificate Services Requiring Payment
Certain Beauty Certificate Services may require payment. When you use a service that has a fee, you have the opportunity to review and accept the fee that you will be charged. To access such Beauty Certificate Services, payment must be made in full prior to accessing the Services. Charges are expressed in US Dollars. Should you wish to terminate the Beauty Certificate Services that require payment, you will not be entitled to a refund. Rates for Beauty Certificate Services may change over time and are effective the date they are posted to the Qubed website. Failure to accept the fee will prohibit a User’s access to certain Beauty Certificate Services.
Links to Third Party Websites and Third Party Transactions
By accepting these Terms, you agree to indemnify and otherwise hold harmless Qubed, its directors, officers, employees, agents, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access to the Beauty Certificate Sites; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. Qubed reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Qubed in the defense of any such claim, action, settlement or compromise negotiations, as requested by Qubed.
Any new feature, tool or information added to or that enhances the Beauty Certificate Services will automatically become part of the Beauty Certificate Services and will be subject to these Terms. In using the Beauty Certificate Services, you acknowledge and agree that the Beauty Certificate Services may also include third party advertisements and marketing tools. While Qubed makes a reasonable effort to provide accurate and useful information to its Users, Qubed makes no warranties, representations or guaranties as to the accuracy, completeness of quality of any information on the Beauty Certificate Sites or available through the Beauty Certificate Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BEAUTY CERTIFICATE SERVICES IS AT YOUR OWN RISK AND THAT THE BEAUTY CERTIFICATE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. QUBED AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE BEAUTY CERTIFICATE SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BEAUTY CERTIFICATE SERVICES. THE BEAUTY CERTIFICATE SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY QUBED, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE BEAUTY CERTIFICATE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE BEAUTY CERTIFICATE SITES AND THE BEAUTY CERTIFICATE SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE BEAUTY CERTIFICATE SERVICES.
THE RELEASED PARTIES MAKES NO WARRANTY THAT (a) THE BEAUTY CERTIFICATE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE BEAUTY CERTIFICATE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BEAUTY CERTIFICATE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE BEAUTY CERTIFICATE SITES WILL MEET YOUR EXPECTATIONS, (e) THE BEAUTY CERTIFICATE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, (f) INFORMATION PROVIDED ON OR BY THE BEAUTY CERTIFICATE SERVICES, CBOS OR OTHER THIRD PARTIES IS ACCURATE OR TIMELY, AND (g) ANY ERRORS IN THE BEAUTY CERTIFICATE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BEAUTY CERTIFICATE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT 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 INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUBED OR THROUGH OR FROM THE BEAUTY CERTIFICATE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE BEAUTY CERTIFICATE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Qubed makes no representation that materials on the Beauty Certificate Sites are appropriate or available for use outside the United States, and access to them from territories where its content is illegal is prohibited. You may not use, export or re-export the Qubed Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the Beauty Certificate Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of Qubed to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.
Qubed reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Beauty Certificate Services, Users, and the rights and property of Qubed and its affiliates.
We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.
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 Beauty Certificate Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.