Terms
Sutton Bookshare (“we,” “us,” or “our”) operates a network of websites and services (the “Sutton Bookshare”). The term “you” refers to the person accessing or using the Sutton Bookshare, or the company or organization on whose behalf that person accesses the Sutton Bookshare.
These Terms of Use (referred to as the “Agreement”) govern your use of the Sutton Bookshare including, without limitation, participation in bulletin boards, forums, and other online areas owned or operated by us, such as our Facebook and mobile phone applications. From time to time, Sutton Bookshare may supplement this Agreement with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, or events (“Additional Terms”). These Additional Terms may be placed on the Sutton Bookshare to be viewed in connection with the specific content, services, products, or events and will be identified as such. You understand and agree that the Additional Terms are hereby incorporated by reference into this Agreement.
Please read this Agreement carefully. Your use of or registration on any aspect of the Sutton Bookshare will constitute your agreement to comply with this Agreement. If you do not agree to this Agreement, you must cease use of the Sutton Bookshare.
The Agreement may be modified from time to time. The date of the most recent revisions will appear on this page, so check back often. By using the Sutton Bookshare after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Sutton Bookshare and, if applicable, you should arrange to cancel your registered user account.
Your failure to follow this Agreement, whether listed below or in bulletins, rules or other notices posted at various points in the Sutton Bookshare, may result in suspension or termination of your access to the Sutton Bookshare, without notice, in addition to Sutton Bookshare’s other remedies.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use the Sutton Bookshare to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy.
2. Termination
Sutton Bookshare reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (a) this Agreement; or (b) your registration with or ability to access the Sutton Bookshare or any other service, tool, specific content, digital products or products provided to you by Sutton Bookshare, upon any breach by you of this Agreement or otherwise.
3. Your Use of the Sutton Bookshare
No Use if You’re under 13
The Sutton Bookshare is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Sutton Bookshare or submitting their personally identifiable information to us, and from using portions of the Sutton Bookshare for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, blogs, and contests/sweepstakes.
Content
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, data, statistics, analysis, and all other content, information, and materials (collectively, “Content”) available on or through the Sutton Bookshare, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, or service providers (collectively, “licensors”), or by you, or other users or third parties, including any Content which is uploaded manually or bookmarked by you or other users. Content that is provided by us or our licensors is protected by copyright, trademark and other intellectual property laws, rules, and regulations (“IP Rights”), and is our property or the property of our licensors.
The Sutton Bookshare is for your personal, noncommercial use except where expressly permitted. Republication, retransmission, reproduction, downloading or making any other use of the Content on the Sutton Bookshare is expressly prohibited.
Please carefully consider the Content you choose to post on the Network, including, but not limited to, any message board or blog or any comment or profile. You should not include personally identifying information, such as your telephone number, street address or last name, on any area of the Sutton Bookshare that is accessible to the general public or provide it to people you do not know. Sutton Bookshare assumes no responsibility or liability of any kind for any material or information, products or services you may be provided by other users of the Sutton Bookshare, including its or their quality, accuracy, and appropriateness.
You agree that you will not use the Sutton Bookshare to post on message boards, blogs, profiles, comments or any place on the Sutton Bookshare, any message or material of any kind or nature that is unlawful, abusive, threatening, harassing, vulgar, obscene, profane, libelous, defamatory, harmful, racially offensive, sexually explicit, inaccurate, or otherwise objectionable material as determined by Sutton Bookshare in its sole discretion or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. “Masked” vulgarity, obscenity or profanity (e.g. “f***”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Sutton Bookshare. Sutton Bookshare reserves the right to delete any such material from the Sutton Bookshare. Sutton Bookshare will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms contained in this Section. Please see our Community Ground Rules.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Sutton Bookshare. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the Sutton Bookshare to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, or audio. Posting Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Content is protected by IP Rights; (ii) these IP Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, this Agreement and applicable copyright, trademark and other laws govern your use of such Content. You may not post to the Sutton Bookshare, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any IP Rights. You acknowledge that Sutton Bookshare may acquire IP Rights to use any posted materials as described below, and that you will not acquire any of those IP Rights by downloading such materials.
By submitting Content, including your member name, to any “public area” of the Sutton Bookshare, including message boards, blogs, forums, contests, public profiles, or comments, you grant Sutton Bookshare (i) a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the 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 the full term of any IP Rights that may exist in such Content, and (ii) the right to authorize others to do any of the foregoing. In addition, you warrant that, to the extent that you are not the exclusive holder of all IP Rights in Content you submit, the holder of any IP Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store, and reproduce such Content that you have made public for personal use. Subject to the foregoing, the owner of such Content placed on the Sutton Bookshare retains any and all IP Rights that may exist in such Content.
Sutton Bookshare is not obligated to review Content posted by users prior to the Content’s posting to any area of the Sutton Bookshare, including any private profile. Content posted by any user to the Sutton Bookshare does not reflect the opinions or views of Sutton Bookshare or its affiliates. Sutton Bookshare makes no warranty, whether express or implied, as to the accuracy of any Content or material that you send to other Sutton Bookshare members through any Sutton Bookshare service.
Noncommercial Use
Unless otherwise specified, the Sutton Bookshare is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Sutton Bookshare by you and by those you authorize, provide access to or otherwise allow to use the Sutton Bookshare, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device from which the Sutton Bookshare is accessible.
Social Networking on the Sutton Bookshare
The Sutton Bookshare social networking service allows members to create unique personal profiles, communicate and share materials with other members through tools, such as video and photograph uploading, blogs, product reviews, comments, salon ratings, and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use its services. Your use of the social networking platform is subject to this Agreement and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another’s account without permission. If you become aware of any misuse of the Sutton Bookshare by any person, please contact Sutton Bookshare as specified on the Contact Us link.
Compliance with Laws
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations, including applicable import and export control laws, in accessing and using the Sutton Bookshare, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Network.
4. Disclaimer regarding Sensitive Information
While you may freely discuss hair care topics of interest to you, and the Sutton Bookshare may include general Content relating to a range of hair care topics, including hair type information, treatment tips, or product recommendations, you should not rely on the Sutton Bookshare for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and risks associated with use of Content obtained on or through the Sutton Bookshare before making any decisions based on such Content.
5. Non-Confidentiality
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Sutton Bookshare, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of products or services is maintained with appropriate privacy and security protections.
Any communications between you and Sutton Bookshare, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Sutton Bookshare, including any products or services, will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
6. Copyright Notices
We respect the intellectual property of others, and we ask you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content on the Sutton Bookshare infringes your copyright, you (or your agent) may send Sutton Bookshare a notice requesting that the Content be removed or access to it blocked.
The notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. General Terms
Sutton Bookshare may modify or discontinue the Sutton Bookshare, any portion thereof, or any of its services, tools, digital products, products, or events with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
In the event that any provision of this Agreement conflicts with the law under which the Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND Sutton Bookshare AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE Sutton Bookshare MUST COMMENCE WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept this Agreement. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated above, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please cease use of Sutton Bookshare.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.