TERMS OF SERVICE
ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable to use of www.mobicutzondemand.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in www.mobicutzondemand.com, sets forth the terms and conditions that apply to use of website by User. By using MOBICUTZ (other than to read this Agreement for the first time), user agrees to comply with all of the terms and conditions hereof. The right to use www.mobicutzondemand.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. MOBICUTZ shall have the right at any time to change or discontinue any aspect or feature of www.mobicutzondemand.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
MOBICUTZ shall have the right at any time to change or modify the terms and conditions applicable to User’s use of www.mobicutzondemand.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Www.mobicutzondemand.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Www.mobicutzondemand.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
The Services are a communications and technology platform that enables users of the Company’s applications, websites and other communications protocols provided as part of the Services (collectively, the “Applications”) to arrange and schedule grooming, stylist and/or barber services with independent third party providers of such services (each such person, a “Third Party Provider”). In addition to referring to such independent third party providers of grooming, stylist and/or barber services as Third Party Providers, we also refer to them as “MOBICUTZ Barbers”, as discussed below.
YOU ACKNOWLEDGE AND AGREE THAT MOBICUTZ DOES NOT PROVIDE GROOMING, BARBER OR STYLING SERVICES, AND MOBICUTZ DOES NOT FUNCTION AS AND IS NOT A BARBERSHOP NOR BEAUTY SALON. IT IS UP TO THE GROOMING SPECIALISTS, BARBERS, OR STYLISTS WORKING AS INDEPENDENT CONTRACTORS WITH MOBICUTZ TO OFFER SUCH SERVICES, WHICH MAY BE SCHEDULED OR MADE AVAILABLE THROUGH USE OF THESE SERVICES.
The Company checks the backgrounds of Third Party Providers via third party background check services. However, each User should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not personally know.
BY USING THE SERVICES, YOU AGREE TO HOLD THE COMPANY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY, LOSS OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY PROVIDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES OR GOODS PROVIDED BY ANY THIRD PARTY PROVIDER.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.mobicutzondemand.com and all charges related thereto.
User shall use www.mobicutzondemand.com for lawful purposes only. User shall not post or transmit through the website, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which. without MOBICUTZ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MOBICUTZ‘s discretion restricts or inhibits any other User from using or enjoying www.mobicutzondemand.com will not be permitted. User shall not use the website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with MOBICUTZ.
By ordering any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Variety. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Purchases of services will be Location Based
All Purchase completed on the website are final, There will be no reimbursement, USER WILL ALWAYS BE ALLOWED ACCESS TO UNUSED SERVICE WITHIN 1 YEAR FROM THE DAY OF PURCHASE
That all Location based project expenses will be covered by Project Owner.
MOBICUTZ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Use of delivered products and other materials available from this website is for personal or commercial use only. Use is restricted to internet use, industrials, internal corporate, or other use that is not commercial television. Use for television requires a TV license for the spot which can be added on at the time of your order or upgraded later.
Customers agree not to distribute, publish, transmit, modify, display or create derivative works from, or exploit the products and/or contents of this website, without prior written consent of the company. Customers also agree to identify, defend and hold harmless the company for any and all unauthorized use made of any material available from this website. Any unauthorized use of delivered products and/or content of this website can subject customers to civil or criminal penalties. Customers MAY NOT use these videos for broadcast, cable or local television, short or feature films, or any other TV medium.
MOBICUTZ warrants that the barbing service shall cost no more than the grand total listed on insertion order without prior written consent of the Client.
www.mobicutzondemand.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music and sound, and the entire contents of www.mobicutzondemand.com are copyrighted as a collective work under the USA copyright laws. MOBICUTZ owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content.
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services.
User will not:
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses. worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of videos, images or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others
MOBICUTZ has no obligation to monitor the Communication Services. However. MOBICUTZ reserves the right to review materials posted to the website and to remove any materials in its sole discretion. MOBICUTZ reserves the right to terminate User’s access to any or all of the websites Services at any time, without notice, for any reason whatsoever.
MOBICUTZ reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MOBICUTZ’s sole discretion.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing MOBICUTZ with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name- User is entirely responsible for maintaining the confidentiality of User’s password and account.
Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify MOBICUTZ immediately of any unauthorized use of User’s account or any other breach of security. MOBICUTZ will not be liable for any loss that User may incur as a result of someone else using User’s password or account either with or without User’s knowledge. However, user could be held liable for losses incurred by MOBICUTZ or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQ) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and commercial or personal use only and can be be posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
MATERIALS PROVIDED TO MOBICUTZ OR POSTED
MOBICUTZ does not claim ownership of the materials User provide to MOBICUTZ (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively ‘Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting’) User’s Submission User is granting MOBICUTZ, its affiliated companies and necessary sublicenses’ permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all MOBICUTZ Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Users Submission: to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
The following further applies to any App Store Sourced Application:
You acknowledge and agree that (a) this Agreement is concluded between you and Company only, and not Apple, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (b) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services to you with respect to the App Store Sourced Application.
To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and the Company, the Company and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims, (b) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF Www.mobicutzondemand.com IS AT USER’S SOLE RISK. NEITHER MOBICUTZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Www.mobicutzondemand.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Www.mobicutzondemand.com. OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WWW.MOBICUTZONDEMAND.COM
B. USER SPECIFICALLY ACKNOWLEDGES THAT MOBICUTZ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
C. IN NO EVENT WILL MOBICUTZ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.MOBICUTZONDEMAND.COM OR THE MOBICUTZ SERVICES, BE LIABLE FOR ANY DAMAGES: INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT: INCIDENTAL, SPECIAL: CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.MOBICUTZONDEMAND.COM
USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE
D. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER MOBICUTZ
NOR ITS AFFILIATES. INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES. OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WWW.MOBICUTZONDEMAND.COM OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY, NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD- PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
E. FORCE MAJEURE — NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE. FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES. NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THÈ PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
MOBICUTZ shall have the right, but not the obligation, to monitor the content of MOBICUTZ, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by MOBICUTZ and to satisfy any law, regulation or authorized government request. MOBICUTZ shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Www.mobicutzondemand.com.
Without limiting the foregoing, MOBICUTZ shall have the right to remove any material that MOBICUTZ, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless MOBICUTZ, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses. Including attorney& fees, arising out of the use of MOBICUTZ by User or User’s Account.
Either MOBICUTZ or User may terminate this Agreement at any time. Without limiting the foregoing, MOBICUTZ shall have the right to immediately terminate User’s Account in the event of any conduct by User which MOBICUTZ, in its sole discretion, considers to be unacceptable or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for Www.mobicutzondemand.com established by MOBICUTZ constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the USA without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default The section headings used herein are for convenience only and shall not be given any legal import.
MOBICUTZ its logos are trademarks of MOBICUTZ, All rights reserved. All other trademarks appearing on MOBICUTZ are the property of their respective owners.
Any rights not expressly granted herein are reserved.