Terms and Conditions
Curl Junkie Social Media Terms and Conditions
PLEASE READ THIS LICENSE AGREEMENT FULLY AND THOUGHTFULLY. IT CONTAINS IMPORTANT TERMS THAT CAN AFFECT YOUR LEGAL RIGHTS. WHEN YOU EMAIL, DIRECT MAIL, OR SEND THE WORDS “I AGREE” OR THE HASHTAG #AGREE TO CURL JUNKIE HAIR PRODUCTS, LLC, OR OTHERWISE GRANT PERMISSION IN ONE OF THE AFOREMENTIONED METHODS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
You agree that:
1. Any content submitted by any User to the Site, will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
You are solely responsible for your User Content, and Curl Junkie Hair Products, LLC assumes no liability for it. You agree to indemnify Curl Junkie Hair Products, LLC against all claims and liabilities resulting from your User Content.
You understand and agree that Curl Junkie Hair Products, LLC may ban any user from posting on Curl Junkie Hair Products, LLC pages, boards or conversations for a pattern of inappropriate postings or as otherwise deemed necessary by Curl Junkie Hair Products, LLC.
For any User Content that you submit or share with us, you grant Curl Junkie Hair Products, LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content, and to incorporate such User Content in any form, medium or technology throughout the world, all without compensation to you. For this reason, do not post or share any User Content that you do not wish to license to Curl Junkie Hair Products, LLC. In addition, you grant Curl Junkie Hair Products, LLC the right to include the name provided with the User Content you have posted.
You represent and warrant that you are at least 18 years old.
2. You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide Curl Junkie Hair Products, LLC and its affiliates, agents, representatives, licensees and assigns with the license and rights set forth in Section 4 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Curl Junkie Hair Products, LLC to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
3. You hereby grant to Curl Junkie Hair Products, LLC a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on Curl Junkie Hair Products, LLC’s social media accounts, on or in any digital platforms of Curl Junkie Hair Products, LLC (including websites, apps and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, Curl Junkie Hair Products, LLC’s right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to Curl Junkie Hair Products, LLC. Nothing in this license requires Curl Junkie Hair Products, LLC to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
4. Any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Curl Junkie Hair Products, LLC or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Curl Junkie Hair Products, LLC’s request.
5. You understand that you will not be paid for Curl Junkie Hair Products, LLC’s use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.
6. You agree that you will not submit Content that: – infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another; – includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; – displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Curl Junkie Hair Products, LLC or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product; – impinges upon or violates the publicity, privacy or data protection rights of others; or – makes or includes false or misleading statements, claims or depictions about a person, company, product or service.
Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Curl Junkie Hair Products, LLC will reject and/or remove any Content in which Curl Junkie Hair Products, LLC believes, in its sole discretion, that any such activities have occurred.
7. To the fullest extent allowed by law, you agree to release, discharge and indemnify Curl Junkie Hair Products, LLC and its employees, contractors, sponsors or any other person acting under Curl Junkie Hair Products, LLC’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement.
8. This is the entire agreement between you and Curl Junkie Hair Products, LLC in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.
9. This License Agreement will be governed by applicable federal law and the laws of the State of New York, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Curl Junkie Hair Products, LLC’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
YouTube reserves the right to amend its agreement at any time and without notice.In each case, continued use of the platform signals acceptance of the updated terms. Users are therefore responsible for complying with any new or modified provisions and the responsibility is on a company to stay up to date with the most recent Platform Agreements to ensure compliance.
Each of the Platform Agreements makes the use of the platform's own trademarks and other brand resources subject to its policies. These policies and guidelines cover third-party use of the platform's trademarks, symbols, designs and other brand assets, such as the Facebook Like button or the Twitter bird.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.curljunkie.com. The collective work includes works that are licensed to www.curljunkie.com. Copyright 2006-2008, www.curljunkie.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.curljunkie.com or purchasing www.curljunkie.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.curljunkie.com or to purchase www.curljunkie.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.curljunkie.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.curljunkie.com used in the site are trademarks or registered trademarks of www.curljunkie.com
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.curljunkie.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.curljunkie.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.curljunkie.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.curljunkie.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.curljunkie.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a www.curljunkie.com product is mistakenly listed at an incorrect price, www.curljunkie.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.curljunkie.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.curljunkie.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.curljunkie.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
www.curljunkie.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.curljunkie.com.
Your use of this site shall be governed in all respects by the laws of the state of New York and California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.curljunkie.com products) shall be in the state or federal courts located in Brooklyn, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.curljunkie.com products) must be commenced within one (1) year after the claim or cause of action arises. www.curljunkie.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.curljunkie.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.curljunkie.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
www.curljunkie.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.curljunkie.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.curljunkie.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.curljunkie.com in its sole discretion.
You agree to indemnify, defend, and hold harmless www.curljunkie.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, www.curljunkie.com may link to sites operated by third parties. However, even if the third party is affiliated with www.curljunkie.com, www.curljunkie.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.curljunkie.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.curljunkie.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).