IMPORTANT LEGAL NOTICE! PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
TABLE OF CONTENTS
GENERAL
These Terms of Use only apply to the VO5® Extreme Style web site for the United Kingdom, www.vo5extremestyle.co.uk (the “Site”) which is operated by Alberto Culver UK Ltd a corporation registered in England & Wales (“Alberto” or “we,” “our,” or “us”), or other interactive features or downloads that are owned or controlled by Alberto and are available through the Site or that interact with the Site and post these Terms.
The Site is intended for use only by persons residing in the United Kingdom and information regarding products, services, and any promotions are applicable to the United Kingdom alone. These Terms govern your use of the Site. These Terms do not apply to any other web site operated by, or any offline activities of, Alberto (unless specifically stated). You agree to these Terms by accessing or using the Site.
In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
PLEASE ALSO CAREFULLY REVIEW THIS SITE’S PRIVACY POLICY WHICH GOVERNS OUR COLLECTION AND USE OF INFORMATION ABOUT YOU, AND SPECIFIES THAT WE MAY TRANSFER AND PROCESS YOUR INFORMATION IN THE UNITED STATES.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS DO NOT USE THE SITE.
back to top
OWNERSHIP OF SITE MATERIALS
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; instructions, images; audio videos; designs; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Alberto, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Alberto, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
back to top
YOUR LICENSE TO USE MATERIALS ON OUR SITE
Subject to your strict compliance with these Terms, Alberto grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials (excluding source and object code) on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the object code of any of the Site’s software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Alberto.
back to top
INFRINGING CONTENT
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Alberto, using the contact information below, with the following information: (a) your complete contact information, including any alternative address that may be provided to the party alleged to be infringing; (b) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (c) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered, a representative list of such works; (d) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (e) information reasonably sufficient to permit us to contact the complaining party; (f) a statement that the complaining party has 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 (g) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Notice”). Please send your Notice to Alberto at vo5.info@alberto-culver.co.uk_. NOTE: This contact information is for enquiries regarding potential copyright infringement only.
back to top
INFORMATION/CONTENT YOU SUBMIT
The Site may provide you and others with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Alberto or the Site, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content").
User Content can be in any reasonable format but the file size must never exceed 100MB.
Except as otherwise described in the Site’s posted PRIVACY POLICY, or other agreement on the Site at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Alberto these licenses. Upon Alberto’s request, you will furnish Alberto any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Alberto.
You grant to Alberto the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Alberto is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Alberto, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without remuneration of any kind. You further perpetually and irrevocably grant Alberto the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to Alberto the right to sub-license and authorize others to exercise any of the rights granted to Alberto under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Alberto under these Terms. You further authorize Alberto to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that Alberto has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content.
You further acknowledge and agree that Alberto will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Alberto may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Alberto reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which Alberto will not exercise editorial control except to enforce the rights of third parties when notice of such violations are directed to Alberto’s attention. No User Content posted on the Site need be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Site. You agree and understand that Alberto is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
back to top
COLLABORATIVE CONTENT AND VIRAL CONTENT DISTRIBUTION
The Site may offer certain functionality (sometimes referred to as mash up tools) that permit collaborative creation of content by users (“Collaborative Content”). Your contributions to the Collaborative Content are User Content, but the resulting content is subject to the following additional terms as a condition to your use of any mash up tools and the use of Materials, if any, made available for use in connection with the Collaborative Content on the Web Sites:
The license to use the Materials in connection with Collaborative Content or otherwise in association with User Content is limited to Materials specifically made available by Alberto for that purpose, and may be revoked by Alberto at any time without liability to you;
Your use of the Collaborative Content is subject to these Terms and any additional terms and conditions as Alberto may from time-to-time require;
Your contributions to Collaborative Content are irrevocable and you will have no control over your contributions to Collaborative Content after submission, including, without limitation, with respect to subsequent contributions made by third parties;
You will not make any commercial use of the Collaborative Content, or the Materials made available for use in the Collaborative Content, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit same, in whole or in part, except that you may use the Site to create Collaborative Content pursuant to these Terms and, if expressly permitted on the Site, you may engage in Viral Distribution pursuant to these Terms.
If expressly permitted on the Site in connection with a specific mash up tool, Alberto grants users limited, revocable permission to engage in Viral Distribution of Collaborative Content as may from time to time be made available on the Site for such purpose. “Viral Distribution” means the following, and for non-commercial purposes only: (a) sending Collaborative Content to friends, acquaintances at no charge by e-mail or other forms of digital delivery; (b) reproducing copies of Collaborative Content for personal use; and (c) posting and displaying a copy of Collaborative Content on a personal web site or on a third party web site that permits posting of content at the direction of users subject to its terms and conditions, provided that such third party web site does not charge for access to the Collaborative Content or associate products, services or advertising with the Collaborative Content.
You agree to include, and not remove or alter, Alberto’s trademark, copyright or other proprietary rights notices, as provided by Alberto on the Site, included in any Collaborative Content, within any e-mail page(s), when displaying any Collaborative Content, and you agree to comply with usage guidelines that may be provided by Alberto from time to time. Alberto does not encourage or reward you for Viral Distribution and you agree not to engage in spamming or other unlawful or controversial behavior in connection with any Viral Distribution. In particular you agree not to send Collaborative Content to friends and others by email as per (a) above unless you are satisfied that they will be happy to receive it.
back to top
ACCEPTABLE USE POLICY
You agree that the following guidelines (“Rules”) outline the standards that apply to the conduct of all registered users of the Site. Your participation on the Site is subject to all the Terms, including these Rules. Please follow these Rules when you submit any User Content to, or otherwise use, the Site.
16 and older only please. You must be 16 years and older to use the Site. There are no exceptions. Registration with the Site and agreement to these Terms is required to participate on the Site.
All User Content must be yours please. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way, have any rights to your User Content or otherwise appear in the User Content, have given you permission to share the User Content on the Site and elsewhere.
Any images of real people may only be images of you and your friends and family. If you submit any User Content that includes images of real people, make sure they are of you or of you and someone you know – but only with their express permission to post it.
No commercial or branded materials. Any User Content you submit may not contain any visible logos, phrases, trademarks or other third party materials. You may not submit any content that belongs to other people or that you found elsewhere on the internet and pass it off as your own User Content.
Do we hear music? Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
Keep it relevant. Any User Content you submit to the Site must only relate to the content on the Site. This means that unless the site specifically states otherwise (for example in the Mouldbreakers "Music Breaks" section where you are encouraged to upload gig reviews) your User Content should relate to hair styles and related beauty and fashion topics (this is not the place to submit materials pertaining to politics, religion, or private matters).
Be decent. If you think your User Content might offend someone, chances are it probably will and it will not be accepted on the Site. Any User Content that contains violence, appears to promote or encourage violence, or otherwise appears to threaten, abuse or harm others, includes any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap, that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit, or are otherwise deemed distasteful are prohibited on the Site.
No marketing or commercial activities. Your User Content may not advertise or promote a product or service. For example, any User Content that attempts to raise money for anyone or appears to be a pyramid or other multi-tiered marketing scheme is prohibited.
User Content must be appropriate and legal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If attempt to submit User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
Be honest. Your User Content must not be used to impersonate any other person, user or company or contain any information or materials that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
Be careful. Remember that any User Content that is posted on the Site will be accessible and viewable to others. Do not include any sensitive or personally identifying information about yourself or others in User Content you submit to the Site.
Don’t damage our Site or anyone’s computers. Any User Content you submit may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.
User Content Screening: We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Site and may disregard and not respond to any content that, in our sole discretion, violates these Rules or any other Terms, or that we otherwise find objectionable. We also reserve the right to request at any time proof of the permissions referred to above in the sections starting "All User Content must be yours please" and "Any images of real people may only be images you and your friends and family" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed forthwith from all Alberto websites.
back to top
MEMBERSHIP & REGISTRATION
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information and to maintain and update it promptly. You agree that if any information you provide, or if we have grounds to suspect that any information you provide, is false, inaccurate, illegal, incomplete or in any other way contrary to the Acceptable Use Policy, we may terminate your registration forthwith and without notice.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. You agree to immediately notify Alberto of any unauthorized use of your password or any other breach of security relating to your account. Alberto reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
back to top
YOUR WARRANTIES
You represent and warrant that: (i) you are at least sixteen (16) years of age. and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to Alberto is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.
back to top
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
back to top
PROMOTIONS
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
back to top
THIRD PARTY LINKS AND CONTENT
There may be links from the Site, or communications you receive from the Site, to third party web sites or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Site. Except with respect to sites owned or operated by Alberto, we do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. ALBERTO ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.
back to top
LINKING POLICY
Alberto grants you the revocable permission to link to the Site; provided, however, that your website, or any third party web sites that link to the Site: (a) may only link to a Site’s home page unless Alberto has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (c) must not imply that Alberto or the Site is endorsing or sponsoring it or its products, unless Alberto has given it prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in Alberto’s sole opinion, harm Alberto or its products or services; (e) must not use any Alberto trademarks without the prior written permission from Alberto; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Alberto’s sole opinion), and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Alberto reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
back to top
TERMS OF SALE
To the extent commerce applications are included within, or offered on the Site, they will be governed by Additional Terms and any terms of sale that in the future are posted therewith.
back to top
SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD
Any items that we make available for download or use from the Site and/or our servers (the “Downloadable Items”) are the copyrighted work of Alberto or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Site, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
back to top
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. AS FAR AS THE LAW ALLOWS, ALBERTO OR ANY OF ITS EMPLOYEES; DIRECTORS; OFFICERS; SHAREHOLDERS; AGENTS; VENDORS; CONTRACTORS;(COLLECTIVELY, THE “ALBERTO PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO ALBERTO OR VIA THE SITE. IN ADDITION, SO FAR AS THE LAW ALLOWS, THE ALBERTO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY SUGGESTIONS AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS, OR FREEDOM FROM COMPUTER VIRUS.
THE ALBERTO PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE COMPATIBLE WITH USERS' EXISTING EQUIPMENT OR ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ALBERTO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE ALBERTO PARTIES DO NOT WARRANT THAT YOUR USE OF THIS WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ALBERTO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE ALBERTO PARTIES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ANY ALBERTO PARTY, LIABILITY FOR WHICH IS NOT IN ANY WAY EXCLUDED BY THESE TERMS OF USE, SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER THIS LOSS OR DAMAGE IS LOSS OF PROFIT, LOSS OF DATA OR LOSS OF GOODWILL, REVENUE OR BUSINESS, WHETHER THE LOSS OR DAMAGE IS DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL AND EVEN IF WE HAVE BEEN ADVISED OF SUCH LOSS OR DAMAGE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE SITE.
THE ABOVE DISCLAIMERS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. THEY DO NOT EXCLUDE OR LIMIT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER.
back to top
DISCLAIMERS/LIMITATION OF LIABILITY
WITH THE EXCEPTION OF (1) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ANY ALBERTO PARTY, LIABILITY FOR WHICH IS NOT IN ANY WAY EXCLUDED BY THESE TERMS OF USE AND (2) DIRECT PHYSICAL DAMAGE TO YOUR PROPERTY TO THE EXTENT THAT THE CAUSE IS OUR FAULT AND ANY OTHER DAMAGE OR LOSS RESULTING DIRECTLY AND FORESEEABLY FROM ANY BREACH OF ALBERTO'S OBLIGATIONS UNDER THESE TERMS OF USE CAUSED BY MATTERS WITHIN ALBERTO'S REASONABLE CONTROL, UNDER NO CIRCUMSTANCES WILL THE ALBERTO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (WHETHER THIS LOSS OR DAMAGE IS LOSS OF PROFIT, LOSS OF DATA OR LOSS OF GOODWILL, REVENUE OR BUSINESS, WHETHER THE LOSS OR DAMAGE IS DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ALBERTO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ALBERTO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF THE ALBERTO PARTIES, IN NO EVENT WILL THE ALBERTO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. WITHOUT LIMITING THE REST OF THESE TERMS OF USE, IN NO EVENT WILL THE ALBERTO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE THOUSAND BRITISH POUNDS (£1000.00).
back to top
YOUR RESPONSIBILITY
You agree to pay for any damage or loss caused to Alberto as a foreseeable result of (a) your submitting User Content in breach of these Terms of Use; (b) your use of the Site or activities in connection with the Site in a manner in breach of these Terms of Use; (c) your breach of any other obligations placed on you by these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; or (f) any misrepresentation made by you. You will cooperate as fully required by the Alberto Parties in the defense of any claim. The Alberto Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to your obligation to pay for damage or loss caused and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Alberto Parties.
back to top
TERM AND TERMINATION
Alberto reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if Alberto believes your conduct fails to conform with these Terms. Alberto also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Alberto. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Site, or upon demand from Alberto, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; (b) destroy all materials obtained from the Site and all related documentation; and (c) if applicable, pay any amounts owed to Alberto in full within thirty (30) days from the date of such termination and continue to pay any other amounts owed under these Terms.
back to top
MISCELLANEOUS
The failure of Alberto to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Alberto’s rights with respect to such breach or any subsequent breaches. No waiver by Alberto of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Alberto. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Alberto may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Alberto’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Alberto by virtue of having drafted them.
back to top
ENTIRE AGREEMENT, TERMINATION AND MODIFICATIONS
Alberto reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Alberto will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Alberto also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.
Alberto reserves the right to change, modify, amend and/or update these Terms at any time with or without prior notice. Any change or modification made by Alberto will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Alberto. You should therefore periodically visit this page to review the most recent Terms.
back to top