1. Other Agreements.
b. DMCA Policy. The Company’s DMCA Policy, at DCMA Policy (the DMCA Policy) sets forth processes and procedures for good faith notifications of alleged copyright infringement by Media available on the Service. The DMCA Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the terms set forth therein.
2.Ownership; Proprietary Rights. As between you and the Company, you own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to your Media, subject to the licenses granted to the Company and other Service users herein. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service, the software and technology used by the Company to provide Service features and functionality and all usage and other data generated or collected in connection with the use thereof (the Company Materials). Except for as may be expressly set forth herein, you agree not to reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. If you provide Company with any ideas, feedback or suggestions regarding the Service (Feedback), you hereby assign to Company all right, title and interest in and to such Feedback and acknowledge that Company shall have the right to exploit such Feedback and related information in any manner it deems appropriate on a worldwide, perpetual basis without payment of any compensation to you.
3. Media.a. The Service allows you and other users to post and share Media through the Service and such other channels as may be enabled by the Company. You understand that all Media is available only on an “as-available” basis and the Company does not guarantee that the availability of the Service will be uninterrupted or bug free. You agree you are responsible for all of your Media and all activities that occur under your user account. Some or all of your Media may be removed at any time, for any reason or for no reason and without notice. Without limiting the foregoing, your Media may be removed if the Company determines (in its sole discretion) that its content is inappropriate or if it is the subject of flagging by other Service users.b. You shall retain all of your ownership rights in your Media. You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your Media in connection with the Service and Hassard Photo’s (and its successor’s) business, including without limitation for purposes of developing, improving and testing Hassard Photo’s algorithms, products and services in any media formats and through any media channels. You also hereby grant to each user of the Service a non-exclusive license to access your Media through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Media as permitted by the functionality of the Service and this Agreement. Media you submit to Third-Party Services (as defined in Section 9) through the Service is subject to the terms and conditions of the applicable Third-Party Service.c. In connection with your Media, you further agree that you will not use, create, provide or post: (i) material that violates the community guidelines that Hassard Photo may adopt and post from time to time; (i) material that is subject to third-party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) material that is false, unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) advertisements or marketing content or solicitations of business, or any content of a commercial nature. The Company may investigate an allegation that any Media does not conform to this Agreement and may determine in good faith and in its sole discretion whether to remove such Media, which it reserves the right to do at any time. If you are a copyright holder and believe in good faith that your content has been made available through the Service without your authorization, you may follow the process outlined in the Company’s DMCA Policy to request that the Company remove such content.d. You hereby acknowledge that you may be exposed to Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Service, and further acknowledge that the Company does not control the Media posted by Service users and does not have any obligation to monitor such content for any purpose. You understand and agree that the Company is not a health services provider and makes no representations or warranties as to the Media or your reliance on the Media, and Company shall have no liability for any claim or injury arising from or related to your reliance on the Media for any purpose.
4. Prohibited Uses. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any applicable agreements with third parties to which you are bound (such as, by way of example, your agreement with your wireless data services carrier). You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). By using the Service, you represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
5.No Medical Advice. The Service will give you certain recommendations for skincare based upon your Media and other information you input into the Service. Additionally, you may engage with other users or Hassard Photo representatives via the Service and receive input regarding your skin condition and beauty regimens. You agree and acknowledge that all such regimens, recommendations, input and other information on the Service are for informational purposes only, and have not been evaluated or approved by the U.S. Food and Drug Administration or any other regulatory agency. Nothing on the Service is meant to substitute for any medical advice provided by your physician, and you should not use the information contained herein for preventing, diagnosing or treating a health problem, disease or condition. Your skin care decisions are your sole responsibility, and Hassard Photo will not be held responsible for any negative consequences, including bodily harm, that result from recommended treatments, skin sensitivities or medical conditions. Hassard Photo representatives are not trained medical professionals and do not give medical advice. If you may have a health condition, including, without limitation, a dermatological condition, you should seek prompt medical attention. If you believe the regimen you are following is causing you harm, you should stop immediately and seek medical attention.
6.Third-Party Products and Sites. The Service may include recommended skin regimens or otherwise references to certain third party products. The Service may also include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third-party products, sites and services, or products or services made available through such third party sites and services, or your use of or interaction with such third party sites or services.
7. Changes to Agreement. The Company may make modifications, deletions and/or additions to this Agreement (Changes) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
8. Electronic Communications. When you communicate with the Company through the Service or send us e-mail, you are communicating with us electronically. You hereby: (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect any rights you may have which cannot be waived under applicable law.
9. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to arbitration under Section 10 shall be filed only in the state or federal courts in Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not (except as otherwise set forth in Section 15.8) affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.