– Terms of USE

This is queerhairboulder.com (the “Website”). The Website is an online interactive website operated by MAL QUEER HAIR STUDIO LLC (“us”, “we”,“our”, or “MAL”). Please read these TERMS OF USE carefully before using this website. By accessing and/or using the website (other than to read these TERMS OF USE for the first time) you are agreeing to comply with these TERMS OF USE, which may change from time to time. These TERMS OF USE require you to GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. Do not use or interact with the website or purchase our products or services if you do not agree. We reserve the right to change any of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on the Website will constitute notice to you of such revised Terms of Use and that your access or use of the Website after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Please review these Terms of Use before each and any access or use of the Website. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use. In addition to these Terms of Use, MAL has established a Privacy Policy to explain how user information is collected and used by MAL. A copy of our Privacy Policy can be found here, and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are signifying your acknowledgement and agreement to our Privacy Policy.

1. INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all illustrations, images, graphics, photos, videos, text, information, content, (collectively, the “Website Content”), and all intellectual property rights to the same, are owned by us. Any rights not expressly granted in these Terms of Use are expressly reserved.

2. WEBSITE ACCESS AND USE

Access to the Website including, without limitation, the Website Content, is provided for your information and personal, non-commercial use only. You may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly publish, transmit or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. Except as expressly permitted in these Terms of Use, you may not remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Website or Website Content; attempt to or interfere with the proper working of the Website or impair, overburden or disable the same; engage in any conduct that restricts or inhibits any other user from using the Website. MAL grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission at any time.You agree to cooperate fully with MAL to investigate any suspected or actual activity that is in breach of these Terms of Use.

3. CONDITIONS FOR LINKING TO THE WEBSITE

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for any reason and for no reason, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

4. 3RD PARTY ACCOUNT CREATION

In order to access or use some features of the Website, such as booking an appointment, you may have to create an account with Square, inc or Squarespace. By creating an account with either Suare, inc or Squarespace, inc, you are agreeing to their TERMS OF USE. If you create an account, you agree to provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. You are solely responsible for the activity that occurs with your account, whether or not you have authorized the activity. Despite holding a 3rd party account with Square, inc or Squarespace, inc - we reserve the right in our sole discretion and at any time to block your access to the Website and/or booking our services for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that MAL shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Website..

5. CLIENT IMAGES, VIDEOS AND REVIEWS

We may, from time to time, take photographs or video during hair services with the intent to post, upload, transmit through or otherwise make available on the Website, subject to the rights and license you grant herein by consenting to allow us to photograph you. To protect your safety, please use your best judgement when consenting to photography. We may also publicly display reviews from our clientele, shared with the Stylist personally or publicly on another platform. We do not guarantee any confidentiality with respect to client images, videos and reviews, even if it is not published on the Website. By consenting to photography during your hair service, you automatically grant, or warrant that MAL has a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, record, distribute, create derivative works based upon publicly display, transmit, publish and otherwise exploit the client images, videos, and reviews, as we, in our sole discretion, deem appropriate, including, without limitation:in connection with our business. We may exercise this grant in any format, media or technology now known or later developed. By consenting to photography during your hair service, you also grant us the right to display advertisements of your client images, vidoes, or reviews for advertising and promotional purposes. You acknowledge and agree that your client images, videos, and reviews may be included on the websites and advertising networks for third-party service providers including their downstream users. Further, we reserve the right to delete, move or edit any our client images, videos, or reviews for any reason and in our sole discretion. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your client images, videos, and reviews on the Website and we have no obligation to return your client images or video or otherwise make them available to you.

6. WEBSITE CONTENT AND THIRD-PARTY LINKS

We provide the Website including, without limitation, for entertainment, educational and/or promotional purposes only. You may not rely on any information or opinions expressed on the Website for any other purpose.Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website. The Website does not provide any medical advice. No Website Content is intended to be professional medical advice, diagnosis or treatment, or a substitute thereof. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a wellness program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

7. COMMUNICATION (TEXT MESSAGES & EMAILS)

The Website or accounts created to interact with the website, include certain services that may be require communication with you, including, without limitation, the ability to receive and reply to messages and to send content, payment, text using text messaging or email. Your carrier’s normal messaging, data and other rates and fees will apply. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message, email or other electronic means to you and that certain information about your consumption of that communication will be available for us to see.

8. INDEMNIFICATION

You agree to indemnify and hold harmless MAL and its officers,employees, partners,successors, affiliates, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with your access to or use of the Website; client images, videos, and reviews provided by you or through use of your accounts; any actual or alleged violation or breach by you of these Terms of Use; any actual or alleged breach of any representation, warranty or covenant that you have made to us; or your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

9. DISCLAIMERS

You expressly acknowledge and agree that use of the website is at your sole risk. The website and website content are provides on an “as is” and “as available” basis without warranty of any kind, either express or implied. We disclaim any and all warranties including any: warranties that the website will meet your requirements, warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the website, warraties for services or goods received through or advertised on or accessed through the website, warranties concerning the accuracy or reliability of the results that may be obtained from the use of the website, warranties that your use of the website will be secure or uninterrupted, warranties that errors in the 3rd party software will be corrected.

10. LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL MAL OR ITS OFFICERS, EMPLOYEES, PARTNERS, SUCCESSORS, DISTRIBUTION PARTNERS, AFFILIATES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF MAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE, WEBSITE CONTENT, CLIENT IMAGES, VIDEOS, OR REVIEWS, OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT, IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE WEBSITE NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF MAL AND ITS OFFICERS, EMPLOYEES, PARTNERS, SUCCESSORS, DISTRIBUTION PARTNERS, AFFILIATES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY MAL DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR ONE HUNDRED DOLLARS ($100). FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

11. COPYRIGHT POLICY

MAL respects the intellectual property rights of others and expects all site visitors and site users to do the same. Additionally, in appropriate circumstances and in its sole discretion, MAL may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of copyright infringement (its “Designated Agent”). MAL’s Designated Agent may be reached at:

MAL QUEER HAIR STUDIO LLC
2660 Canyon Blvd Ste A-16
Suite # 34
Boulder CO 80302-6741

or

Email us at mal@queerhairboulder.com
Include the notification within the body of the email. Do NOT send PDF attachments or paste external links.

If you are a copyright owner (or are authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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 ; 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 us to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; 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 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. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

12. CHOICE OF LAW AND JURISDICTION

These Terms of Use shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of laws rules. Any legal proceedings against MAL that may arise out of, relate to, or be in any way connected with the Website or these Terms of Use shall be brought exclusively in the state and federal courts of Colorado and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

13. AMENDMENTS OR ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, by posting on the Website . It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to these Terms of Use or to any Additional Terms, you may terminate your use of the website immediately. Accounts created with Square, inc and Squarespace, inc can be terminated with them. Our Terms of Use includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use which shall remain in full force and effect.These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter.

Effective Date: August 1, 2021

Last Update: January 29, 2022