Terms of Use

Last Updated: April 21, 2016

IMPORTANT! These Terms of Use govern your use of EbonyLengths.com (the “Site”), which is provided by Ebony Lengths Hair Care Inc., its subsidiaries, affiliates and partners (“Site Owner”). By accessing the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy, available at www.EbonyLengths.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Site.

Site Owner may, at any time, revise or modify these Terms of Use or impose new conditions for use of the Site. Such changes shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Site. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes.

Scope of Use

Site Owner grants you a limited license to access and make personal, non-commercial use of the Site only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on a Site, including, without limitation, text, design, graphics, logos, icons, and images (the “Content”), for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the Content. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of Site Owner. You understand that Site Owner may discontinue, change, or restrict your use of the Site for any reason without notice to you.

The Site is for use by individuals who are at least eighteen years of age. If you are under eighteen years of age, you are not permitted to access the Site for any reason.

Use and Conduct Restrictions

Your permission to use the Site is conditioned upon the following Use and Conduct Restrictions. You agree that you will not, under any circumstances:

  • use the Site for any unlawful purpose or for the promotion of illegal activities
  • attempt to, or harass, abuse or harm another person or group
  • provide false or inaccurate information when registering an account
  • use another’s account without permission
  • interfere or attempt to interfere with the proper functioning of the Site
  • make any automated use of the Site, or take any action that Site Owner would deem to impose or potentially impose an unreasonable or disproportionately large load on servers and network infrastructure
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site

Risk of Loss

The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper.

Product Descriptions

Site Owner makes every attempt to provide you with accurate information, but we do not warrant or guarantee that product descriptions, colors or other contents of the Site are accurate, complete, reliable, current, or error-free.

Feedback

Site Owner does not want and will not accept unsolicited ideas or inventions.

If you submit reviews, comments, suggestions, ideas, notes, drawings, concepts, recipes or other information to Site Owner through the Site or in response to solicitations on the Site (“Feedback”), you automatically assign to Site Owner all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of Site Owner, and you agree that Site Owner is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Site. Site Owner will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that Site Owner has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that Site Owner is only willing to accept your Feedback on these terms.

Intellectual Property

The trademarks, logos, service marks, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) displayed on the Site are Trademarks and trade dress of Site Owner or have been licensed to Site Owner. In addition, the Site and the Content are owned by and are the copyrighted materials of Site Owner or have been licensed to Site Owner. Except for your personal, non-commercial use as authorized above, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or Content, without the express written permission of Site Owner.

Unauthorized use of any Trademark or Content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.

Children Under the Age of 13

The Site is not intended for children under 13 years of age. We do not knowingly collect Personal Information or other information from children under age 13. If you are under 13 years old, do not use or provide any information on or through the Site. If we learn we have collected or received Personal Information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any Personal Information from or about a child under the age of 13, please contact Site Owner using the contact information provided above.

Digital Millennium Copyright Act

Site Owner takes claims of copyright infringement seriously. If you believe any materials on the Site infringe your copyright, please inform our designated copyright agent by sending written notice by email to support@ebonylengths.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice must include substantially the following:

  • A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) you claim has/have been infringed, or if the claim involves multiple words, a representative list of such works;
  • Identification of the specific material you believe infringes upon our rights and sufficient information to enable Site Owner to locate the specific material. The DMCA only authorizes Site Owner to remove or disable access to specific infringing materials. We are not authorized to generally disable access to non-infringing materials;
  • The following statements or equivalent:
    • “I swear, under penalty of perjury, that the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
    • “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
  • Your company name (if any), your legal name (printed), mailing address, and phone number, and, if available, an email address; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

If you fail to comply with all of the requirements of § 512(c)(3) of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under § 512(f) of the DMCA.

Upon Site Owner’s receipt of a valid, complete takedown notice, Site Owner shall (i) remove or disable access to the specific allegedly infringing material identified in the notice, and (ii) take reasonable steps to contact the author(s) or other sources of the material.

If Site Owner removes or disables access to material as a result of a takedown notice, the person or entity supplying such material may instruct Site Owner to restore such material by providing a counter-notification to Site Owner. Upon receipt of a counter-notification, Site Owner shall send a copy of the counter-notification to the original complaining party and inform such party that Site Owner shall replace or restore access to the material within no less than 10 but no more than 14 days unless Site Owner receives official notice from the complaining party that it has filed an action seeking a court order.

Privacy Policy

All information we collect on the Site is subject to our Privacy Policy, which can be found at www.EbonyLengths.com/privacy-policy. By using the Site, you consent to all actions taken by Site Owner with respect to your information in compliance with our Privacy Policy.

Links to Third-Party Websites

The Site may contain links to third-party websites. These links are provided for your convenience only. Site Owner has no control over third-party websites and cannot be responsible for the content of such websites or the privacy practices of third-parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.

Linking to the Site

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site may not be framed on any other website, nor may you create a link to any part of a Site other than the homepage. You agree to cooperate with Site Owner in causing any unauthorized framing or linking immediately to cease. Site Owner reserves the right to withdraw linking permission without notice.

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SITE OWNER AND ITS BUSINESS PARTNER(S), INCLUDING IPRO ACADEMY LLC, HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER SITE OWNER NOR ANY PERSON ASSOCIATED WITH SITE OWNER MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SITE OWNER NOR ANYONE ASSOCIATED WITH SITE OWNER REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL SITE OWNER OR ITS BUSINESS PARTNERS, INCLUDING IPRO ACADEMY LLC, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES AND THE CONTENT IS AT YOUR SOLE RISK.

Indemnification

You agree to defend, indemnify and hold harmless Site Owner and its officers, directors, employees, agents, licensors, content providers, and iPro Academy LLC from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Content other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of British Columbia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal or state courts located in Vancouver, British Columbia. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations

Site Owner reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

Waiver and Severability

No waiver of these Terms of Use by Site Owner shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Site Owner to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Site Owner with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Contact Information

If you have questions or comments about these Terms of Use or the Site, please write, phone or email us via the contact information provided at www.EbonyLengths.com/contact-us.