Terms of Use
We are not really here to write a long list of dos and don'ts as we are sure you have enough crappy rules in your everyday life.
However, we can't exactly allow anarchy to rule the day, can we?
So I guess we have to be serious with this section so no fooling around. Please read carefully. Here goes…
1. General
By accessing and using Tearingmyhairout.com (TMHO) and their services (the "Service") you are agreeing to be legally bound by these Terms of Use.
TMHO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TMHO shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
2. Copyright
You agree that the content on TMHO, including but not limited to its design, arrangement and selection ("Content") remains the property of TMHO and is protected by intellectual property and copyright laws.
This Service (including but not limited to text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United Kingdom and other countries. All individual articles, videos, content and other elements comprising this Service are also copyrighted works, and TMHO has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service. By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving TMHO, and its affiliates, agents and third party contractors the right to display or publish such content on the Service and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to TMHO made by you from time to time, you understand and agree that TMHO may, or may permit users to, based solely on functionality provided and enabled by the TMHO website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and TMHO or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise TMHO to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by TMHO and this User Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by TMHO and this User Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party 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 TMHO all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TMHO or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
3. Indemnity
You agree that your access to, and use of, the Service and the Content available on TMHO is on an "as-is", "as available" basis. The TMHO include facts, views, opinions and recommendations of individuals and organisations from the public at large, and TMHO does not endorse these views, opinions and recommendations. TMHO specifically disclaims any representations or warranties, express or implied, as to the THMO and the Content, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, non-infringement, merchantability or fitness for a particular purpose. TMHO will not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the TMHO website and the Content. In no event will TMHO be liable to you or anyone else for any decision made or action taken by you in reliance on the Content. TMHO shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), other than direct damages, even if advised of the possibility of such damages.
By using the Service, you agree to indemnify and hold harmless TMHO and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
4. Link to third parties and functionality
The TMHO website may contain hyperlinks to web sites operated by persons other than TMHO. You agree not to hold TMHO responsible for the content or operation of such web sites. A hyperlink from the TMHO website to another web site does not imply or mean that TMHO endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the TMHO website.
The TMHO website does not warrant that its functions will be uninterrupted or error free, that defects will be corrected, or that THHO or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
5. Exclusion and limitation of liabilities
TMHO and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
6. Jurisdiction and other legal terms
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
The failure or delay of the TMHO website to exercise or enforce any right in these terms does not waive the TMHO's right to enforce that right.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
7. User Obligations
As stated in your registration form, you must be 18 years old to use TMHO. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself upon registration and thereafter. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the TMHO website of any unauthorised use of your password or account or any other breach of security. TMHO cannot and will not be liable for any loss or damage arising from your failure to comply this Section 7. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
8. Termination
This Agreement may be terminated by either party for any reason at any time. Sections 2 through 7 of this Agreement shall survive such termination.