Terms & Conditions
MYBORGHESEBEAUTY.COM (the "Company") has launched a new social
community site that offers a platform for our members worldwide to
connect, communicate and do commerce. MY BORGHESE BEAUTY is an
interactive, content rich online community developed exclusively
for our members.
These Terms & Conditions covers your use of the MY BORGHESE BEAUTY service for creating and enjoying social communities on the MY BORGHESE BEAUTY platform.
By joining MY BORGHESE BEAUTY, creating, or using your profile built on www.myborghesebeauty.com, you are agreeing to the following Terms & Conditions ("Terms & Conditions" or "Terms").
Description & Definitions
MY BORGHESE BEAUTY offers a platform for creating your own user profile and provides access to the MY BORGHESE BEAUTY community ("Community"). The following is designed to provide you with our rules, and terms of use. We have a separate Community Guidelines document that focuses more on community rules. We encourage you to read that document as well.
Social Communities or Communities
Social Communities are forums, groups or blog postings and are created by members or by us and provided, through the use of the MY BORGHESE BEAUTY platform, for members to connect with other members online. Social Communities include features such as member profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, and events, among others.
Users | Members
Users and members are people or businesses who register on MY BORGHESE BEAUTY to create, find, visit, use, and contribute to one or more community, which can include posting or responding to content. Although MY BORGHESE BEAUTY requires that Site users must be at least eighteen (18) years of age or older to view some content, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.
Content
Content means any work of authorship (other than the code and the user interface of a social community), including member profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the MY BORGHESE BEAUTY platform or through any community. Members upload content to social communities. Social communities, in turn, control content, subject to these Terms & Conditions and our Community Guidelines. If the community creator or member designates the community as private, any content submitted to that community will be deemed to be private content. Private content is licensed for use only within the community into which it is posted. Public content is available in the community in which it is posted.
Tags
Tags are descriptions (words or phrases) you can assign to content, provided you have the right to use them. You can assign as many Tags to content as you wish. You can also add, edit, and delete tags that you've assigned.
Ownership of Content
MY BORGHESE BEAUTY does not claim ownership of the materials you post, upload, input or submit to this site or its associated services (including through the use of the site) (collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you are granting MY BORGHESE BEAUTY and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database right you have in the Submissions, in any media known now or in the future and permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.
We also want to encourage sharing of content between members and communities across the MY BORGHESE BEAUTY network. To this end, by uploading content to a forum, group, blog or comment in which the content is designated as public content, you grant MY BORGHESE BEAUTY and all other members a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such content on the condition that the content is attributed in a manner specified by its author, if at all (a "Public Content License").
If you upload content that is designated private content, you grant to MY BORGHESE BEAUTY and all MY BORGHESE BEAUTY members a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such content on that community (including any RSS feeds and other distribution that is part of such community) (a "Private Content License").
By using MY BORGHESE BEAUTY, you agree to provide MY BORGHESE BEAUTY a non-exclusive license to reproduce, distribute, publicly perform and display such content online or offline to generally promote MY BORGHESE BEAUTY in advertising or other forums. Unless you expressly state alternative applicable license terms in connection with your content submission, the Public Content License will apply by default to public content and the Private Content License will apply by default to private content. We should also mention that you are responsible for making sure that you have all rights in the content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License.
Lastly, if a forum, group, any rich media or blog post is deleted, the content associated with that member may also be deleted at the discretion of the Community Manager. We would encourage you to be sure you are comfortable with this possibility before publishing content on MY BORGHESE BEAUTY.
MY BORGHESE BEAUTY may collect and aggregate data about your usage of MY BORGHESE BEAUTY, and MY BORGHESE BEAUTY shall be the sole owner of such information. MY BORGHESE BEAUTY will use such data in accordance with the Privacy Policy.
License to use the MY BORGHESE BEAUTY Platform
During the term of these Terms, MY BORGHESE BEAUTY grants you a limited, revocable license to use the software underlying and enabling the MY BORGHESE BEAUTY Platform as required for your use of the social communities built on top of it, subject to the terms and conditions of these Terms.
Proprietary Rights; Infringement Claims
These Terms & Conditions include a number of licenses that are necessary for MY BORGHESE BEAUTY to make your community and your content available through the MY BORGHESE BEAUTY Platform. For example, without the right to modify content, MY BORGHESE BEAUTY would not be able to format content to meet technical requirements, and without the right to publicly perform or publicly display content, MY BORGHESE BEAUTY could not make the content available for other members to view.
Unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact us immediately at the address provided below. Except as expressly provided herein, MY BORGHESE BEAUTY and the third parties reserve all rights with respect to the materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MY BORGHESE BEAUTY's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Seperate Infringement Notice below.
Content
You agree to comply with the license and restrictions applicable to each item of content you post, copy, access or use. You agree that all the intellectual property in the MY BORGHESE BEAUTY Platform is owned by MY BORGHESE BEAUTY or the applicable members(s). Except as expressly permitted under these Terms, you agree not to:
Trademarks
MY BORGHESE BEAUTY, the MY BORGHESE BEAUTY platform, community, network and other related graphics, our logo and sub-logos, or trademarks, used on the MY BORGHESE BEAUTY Platform are the trademarks of MYBORGHESEBEAUTY.COM, and may not be used without permission. Other trademarks, MY BORGHESE BEAUTY Platform marks that may appear on MYBORGHESEBEAUTY.COM are the property of their respective owners.
Accounts, Passwords, and Security
You must be a registered member to create or upload content and use any forum, group, upload rich media or write blog posts on the MY BORGHESE BEAUTY Platform. MY BORGHESE BEAUTY and its community Manager, in turn, determine whether members need to be registered with MY BORGHESE BEAUTY to contribute content in that community. As a member, you are responsible for keeping your password secure. Names of members and MY BORGHESE BEAUTY IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your MY BORGHESE BEAUTY user ID or screen name.
Content and Interaction
You agree to comply with the license and restrictions applicable to each item of content you post, copy, access, or use. Content by other members or advertisers is made available to you through social communities and the MY BORGHESE BEAUTY Platform. Because MY BORGHESE BEAUTY does not necessarily control such content, you agree that MY BORGHESE BEAUTY is not responsible for any such content, including advertising and information about third party products or services.
Your interactions with other members on the MY BORGHESE BEAUTY Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the member. Like with any web-based interaction, we suggest that you use caution and good judgment.
YOU AGREE THAT MY BORGHESE BEAUTY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR WITH RESPECT TO ANY OTHER MEMBER'S USE OR DISCLOSURE OF YOUR PERSONAL DATA (AS DEFINED IN THE Privacy Policy). If there is a dispute between you and any third party (including any member), MY BORGHESE BEAUTY is under no obligation to become involved.
You release MY BORGHESE BEAUTY, its officers, employees, shareholders, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other members, and/or (ii) the MY BORGHESE BEAUTY Platform.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Acceptable Use and Conduct
At the risk of being repetitive, you are solely responsible for your conduct, and content on MY BORGHESE BEAUTY. MY BORGHESE BEAUTY reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion (including, without limitation, rejecting, removal, and refusal to post any information) if MY BORGHESE BEAUTY believes information you provide is inappropriate for MY BORGHESE BEAUTY, may violate these Terms & Conditions, may create liability for MY BORGHESE BEAUTY, or may cause MY BORGHESE BEAUTY to lose (in whole or in part) the services of its ISPs or other suppliers, or is otherwise objectionable.
You also agree not to post or make available any content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.
You also agree not to post, email, or otherwise make available any content that:
Privacy and Spam
You agree to comply with all applicable laws with respect to:
MY BORGHESE BEAUTY may establish general polices and limits concerning member's use of MY BORGHESE BEAUTY, including (and without limitation) the maximum number of days that uploaded content will be retained, the maximum number of and size of content files and objects (including email messages), the maximum disk space allotted to members, the maximum number of times and duration for which you may access MY BORGHESE BEAUTY in a given period of time, the maximum bandwidth used by your content. MY BORGHESE BEAUTY reserves the right to ban or deactivate member accounts that are inactive for an extended period of time.
You, as a member, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by MY BORGHESE BEAUTY) that specified content provided by member of a community that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the MY BORGHESE BEAUTY DMCA. If you do not promptly remove the content specified in the notice, MY BORGHESE BEAUTY may remove the content without any liability to you or to the member that posted such content.
MY BORGHESE BEAUTY may preserve all information you provide. MY BORGHESE BEAUTY may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any information violates the rights of third parties; (d) protect the rights, property, or personal safety of MY BORGHESE BEAUTY, its users and/or the public; or (e) in the event that all or substantially all of MY BORGHESE BEAUTY's assets are acquired by a third party.
MY BORGHESE BEAUTY maintains and enforces a policy of terminating the accounts of members who are repeat copyright infringers.
Links
Although MY BORGHESE BEAUTY controls a few hyperlinks in MY BORGHESE BEAUTY, some links within this Site may lead to third-party sites. MY BORGHESE BEAUTY includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that MY BORGHESE BEAUTY is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. MY BORGHESE BEAUTY reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by MY BORGHESE BEAUTY, and may have different terms of use and privacy policies, which MY BORGHESE BEAUTY encourages you to review.
YOUR ACCOUNT
Term of Service
These Terms & Conditions commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if MY BORGHESE BEAUTY decides, in its sole discretion, to discontinue the MY BORGHESE BEAUTY Platform.
Deactivating Your Account
You may deactivate your MY BORGHESE BEAUTY account at any time, for any reason, by following the instructions on MY BORGHESE BEAUTY. MY BORGHESE BEAUTY has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the MY BORGHESE BEAUTY Platform or any community, or remove and discard any content within any community, without notice and for any reason.
Effects of Deactivating an Account
Upon deactivating your account, these Terms terminate and your access rights to the MY BORGHESE BEAUTY Platform will immediately cease to exist. For content you wish to delete from the MY BORGHESE BEAUTY Platform, you can delete it by going to each of the forums, group or blog posts to which you've contributed. MY BORGHESE BEAUTY is not responsible for deleting content on your behalf. Note that, even if content is deleted from MY BORGHESE BEAUTY's active servers, it may remain in archives. MY BORGHESE BEAUTY will have no obligation to refund any fees paid for premium services.
Survival
The provisions under the following headings will survive termination of these Terms for any reason: License from You (under heading "Licenses to Content"), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Changes to MY BORGHESE BEAUTY and the MY BORGHESE BEAUTY Platform
MY BORGHESE BEAUTY reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the MY BORGHESE BEAUTY Platform or any part thereof with or without notice. MY BORGHESE BEAUTY will not be liable to you or to any third party for any modification, suspension or discontinuance of the MY BORGHESE BEAUTY Platform.
Disclaimer of Warranties
YOUR USE OF MY BORGHESE BEAUTY, AND ALL ITS LICENSED AND DEVELOPED CODE AND ALL CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE MY BORGHESE BEAUTY PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY BORGHESE BEAUTY AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER MY BORGHESE BEAUTY NOR ANY USER MAKES ANY WARRANTY THAT THE MY BORGHESE BEAUTY PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity
You agree to indemnify, defend, and hold harmless MY BORGHESE BEAUTY, and its subsidiaries, affiliates, officers, agents, platform licensor and hosting provider, co-branders or other partners, and employees and shareholders from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
YOU AGREE THAT MY BORGHESE BEAUTY SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MY BORGHESE BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE MY BORGHESE BEAUTY PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE MY BORGHESE BEAUTY PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO MY BORGHESE BEAUTY BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
Updates to Terms & Conditions
These Terms may be updated or changed by MY BORGHESE BEAUTY from time to time upon MY BORGHESE BEAUTY's posting of the amended Terms on this page. Changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to changes to the Terms, you must notify MY BORGHESE BEAUTY to terminate your account.
In addition to these Terms, you will comply with all policies applicable to MY BORGHESE BEAUTY and the MY BORGHESE BEAUTY Platform, which policies are (i) either posted in the MY BORGHESE BEAUTY Platform or provided to you and (ii) incorporated by reference into these Terms.
General
The failure of MY BORGHESE BEAUTY to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions remain in full force and effect. Your MY BORGHESE BEAUTY account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any MY BORGHESE BEAUTY computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.). Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other members of the MY BORGHESE BEAUTY Platform are intended third party beneficiaries of your obligations under these Terms. MY BORGHESE BEAUTY may assign these Terms to any successor or purchaser of MY BORGHESE BEAUTY or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, NY. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY SUCH DISPUTE. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release MY BORGHESE BEAUTY (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY PROVIDE THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION, AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS.
These Terms, which incorporate the MY BORGHESE BEAUTY Privacy Policy and the MY BORGHESE BEAUTY Policies, when combined with the MY BORGHESE BEAUTY Community Guidelines, constitutes the entire agreement between you and MY BORGHESE BEAUTY and governs your use of the MY BORGHESE BEAUTY Platform, superseding any prior agreements (whether written or oral) between you and MY BORGHESE BEAUTY regarding the subject matter hereof.
MY BORGHESE BEAUTY is controlled from offices within the United States. MY BORGHESE BEAUTY makes no representation that content or materials in MY BORGHESE BEAUTY are appropriate or available for use in other jurisdictions. Access to content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
You acknowledge that you have read and understood these Terms & Conditions and that you agree to be bound by its terms and conditions. If any provision of these Terms & Conditions is found unenforceable, it shall not affect the validity of these Terms & Conditions, which shall remain valid and enforceable according to its terms.
Contacting MY BORGHESE BEAUTY
Users with questions about these Terms & Conditions may contact MY BORGHESE BEAUTY the following ways:
Borghese.com
10 East 34th Street
New York City, NY 10016
[Effective Date: June 4, 2009]
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Borghese Inc.
Customer Service
10 East 34th St
New York, NY 10016
212.659.5300
212.659.5301
customerservice@borgheseny.com
To be effective, the Notification must include the following:
These Terms & Conditions covers your use of the MY BORGHESE BEAUTY service for creating and enjoying social communities on the MY BORGHESE BEAUTY platform.
By joining MY BORGHESE BEAUTY, creating, or using your profile built on www.myborghesebeauty.com, you are agreeing to the following Terms & Conditions ("Terms & Conditions" or "Terms").
Description & Definitions
MY BORGHESE BEAUTY offers a platform for creating your own user profile and provides access to the MY BORGHESE BEAUTY community ("Community"). The following is designed to provide you with our rules, and terms of use. We have a separate Community Guidelines document that focuses more on community rules. We encourage you to read that document as well.
Social Communities or Communities
Social Communities are forums, groups or blog postings and are created by members or by us and provided, through the use of the MY BORGHESE BEAUTY platform, for members to connect with other members online. Social Communities include features such as member profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, and events, among others.
Users | Members
Users and members are people or businesses who register on MY BORGHESE BEAUTY to create, find, visit, use, and contribute to one or more community, which can include posting or responding to content. Although MY BORGHESE BEAUTY requires that Site users must be at least eighteen (18) years of age or older to view some content, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.
Content
Content means any work of authorship (other than the code and the user interface of a social community), including member profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the MY BORGHESE BEAUTY platform or through any community. Members upload content to social communities. Social communities, in turn, control content, subject to these Terms & Conditions and our Community Guidelines. If the community creator or member designates the community as private, any content submitted to that community will be deemed to be private content. Private content is licensed for use only within the community into which it is posted. Public content is available in the community in which it is posted.
Tags
Tags are descriptions (words or phrases) you can assign to content, provided you have the right to use them. You can assign as many Tags to content as you wish. You can also add, edit, and delete tags that you've assigned.
Ownership of Content
MY BORGHESE BEAUTY does not claim ownership of the materials you post, upload, input or submit to this site or its associated services (including through the use of the site) (collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you are granting MY BORGHESE BEAUTY and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database right you have in the Submissions, in any media known now or in the future and permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.
We also want to encourage sharing of content between members and communities across the MY BORGHESE BEAUTY network. To this end, by uploading content to a forum, group, blog or comment in which the content is designated as public content, you grant MY BORGHESE BEAUTY and all other members a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such content on the condition that the content is attributed in a manner specified by its author, if at all (a "Public Content License").
If you upload content that is designated private content, you grant to MY BORGHESE BEAUTY and all MY BORGHESE BEAUTY members a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such content on that community (including any RSS feeds and other distribution that is part of such community) (a "Private Content License").
By using MY BORGHESE BEAUTY, you agree to provide MY BORGHESE BEAUTY a non-exclusive license to reproduce, distribute, publicly perform and display such content online or offline to generally promote MY BORGHESE BEAUTY in advertising or other forums. Unless you expressly state alternative applicable license terms in connection with your content submission, the Public Content License will apply by default to public content and the Private Content License will apply by default to private content. We should also mention that you are responsible for making sure that you have all rights in the content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License.
Lastly, if a forum, group, any rich media or blog post is deleted, the content associated with that member may also be deleted at the discretion of the Community Manager. We would encourage you to be sure you are comfortable with this possibility before publishing content on MY BORGHESE BEAUTY.
MY BORGHESE BEAUTY may collect and aggregate data about your usage of MY BORGHESE BEAUTY, and MY BORGHESE BEAUTY shall be the sole owner of such information. MY BORGHESE BEAUTY will use such data in accordance with the Privacy Policy.
License to use the MY BORGHESE BEAUTY Platform
During the term of these Terms, MY BORGHESE BEAUTY grants you a limited, revocable license to use the software underlying and enabling the MY BORGHESE BEAUTY Platform as required for your use of the social communities built on top of it, subject to the terms and conditions of these Terms.
Proprietary Rights; Infringement Claims
These Terms & Conditions include a number of licenses that are necessary for MY BORGHESE BEAUTY to make your community and your content available through the MY BORGHESE BEAUTY Platform. For example, without the right to modify content, MY BORGHESE BEAUTY would not be able to format content to meet technical requirements, and without the right to publicly perform or publicly display content, MY BORGHESE BEAUTY could not make the content available for other members to view.
Unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact us immediately at the address provided below. Except as expressly provided herein, MY BORGHESE BEAUTY and the third parties reserve all rights with respect to the materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MY BORGHESE BEAUTY's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Seperate Infringement Notice below.
Content
You agree to comply with the license and restrictions applicable to each item of content you post, copy, access or use. You agree that all the intellectual property in the MY BORGHESE BEAUTY Platform is owned by MY BORGHESE BEAUTY or the applicable members(s). Except as expressly permitted under these Terms, you agree not to:
- Modify, distribute, or create derivative works based on the MY BORGHESE BEAUTY Platform.
- Run, rent, lease, loan, or sell access to the MY BORGHESE BEAUTY Platform.
- Decompile, reverse engineer, or copy the MY BORGHESE BEAUTY Platform or any community for which the source code is not provided to you;
- Reproduce or distribute any private content outside the applicable community;
- disable any licensing or control features of MY BORGHESE BEAUTY;
- introduce into the Site any virus or other code or routine intended to disrupt or damage MY BORGHESE BEAUTY, or alter, damage or delete any content, or retrieve or record information about MY BORGHESE BEAUTY or its users;
- merge MY BORGHESE BEAUTY with another program or create derivative works based on the Site or any portion thereof;
- remove, obscure, or alter any notice of the copyright or other proprietary legends on any portion of MY BORGHESE BEAUTY;
- sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer any contents or access to MY BORGHESE BEAUTY to others;
- use, or allow the use of, MY BORGHESE BEAUTY or any contents in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or
- otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site.
Trademarks
MY BORGHESE BEAUTY, the MY BORGHESE BEAUTY platform, community, network and other related graphics, our logo and sub-logos, or trademarks, used on the MY BORGHESE BEAUTY Platform are the trademarks of MYBORGHESEBEAUTY.COM, and may not be used without permission. Other trademarks, MY BORGHESE BEAUTY Platform marks that may appear on MYBORGHESEBEAUTY.COM are the property of their respective owners.
Accounts, Passwords, and Security
You must be a registered member to create or upload content and use any forum, group, upload rich media or write blog posts on the MY BORGHESE BEAUTY Platform. MY BORGHESE BEAUTY and its community Manager, in turn, determine whether members need to be registered with MY BORGHESE BEAUTY to contribute content in that community. As a member, you are responsible for keeping your password secure. Names of members and MY BORGHESE BEAUTY IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your MY BORGHESE BEAUTY user ID or screen name.
Content and Interaction
You agree to comply with the license and restrictions applicable to each item of content you post, copy, access, or use. Content by other members or advertisers is made available to you through social communities and the MY BORGHESE BEAUTY Platform. Because MY BORGHESE BEAUTY does not necessarily control such content, you agree that MY BORGHESE BEAUTY is not responsible for any such content, including advertising and information about third party products or services.
Your interactions with other members on the MY BORGHESE BEAUTY Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the member. Like with any web-based interaction, we suggest that you use caution and good judgment.
YOU AGREE THAT MY BORGHESE BEAUTY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR WITH RESPECT TO ANY OTHER MEMBER'S USE OR DISCLOSURE OF YOUR PERSONAL DATA (AS DEFINED IN THE Privacy Policy). If there is a dispute between you and any third party (including any member), MY BORGHESE BEAUTY is under no obligation to become involved.
You release MY BORGHESE BEAUTY, its officers, employees, shareholders, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other members, and/or (ii) the MY BORGHESE BEAUTY Platform.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Acceptable Use and Conduct
At the risk of being repetitive, you are solely responsible for your conduct, and content on MY BORGHESE BEAUTY. MY BORGHESE BEAUTY reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion (including, without limitation, rejecting, removal, and refusal to post any information) if MY BORGHESE BEAUTY believes information you provide is inappropriate for MY BORGHESE BEAUTY, may violate these Terms & Conditions, may create liability for MY BORGHESE BEAUTY, or may cause MY BORGHESE BEAUTY to lose (in whole or in part) the services of its ISPs or other suppliers, or is otherwise objectionable.
You also agree not to post or make available any content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.
You also agree not to post, email, or otherwise make available any content that:
- Is unlawful, harmful, or threatening to MY BORGHESE BEAUTY or its members or is abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
- Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
- Is racist, supportive of terrorist activities, defamatory, libelous, or unlawfully threatening
- Contains nudity, pornography, violence, or offensive subject matter or contains a link to an "adult" website
- Contains hidden pages or images or "web bugs" or "web beacons"
- Solicits personal information from anyone under thirteen (13) years of age
- Impersonates a MY BORGHESE BEAUTY employee or member or falsely states or otherwise misrepresents your affiliation with a person or entity
- Includes personal or identifying information about another person without that person's explicit consent
- Is false, deceptive, misleading, deceitful, or constitutes "bait and switch"
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
- Infringes any third party's rights of publicity or privacy;
- Includes a photograph of another person that you have posted without that person's consent
- Creates, sends, or enables anything that constitutes or contains "chain letters," "pyramid schemes," or any advertisement that you are prohibited by law from sending
- Constitutes or contains any form of advertising or solicitation if (1) posted in content; or (2) emailed to members who have requested not to be contacted about other services, products or commercial interests
- Advertises or promotes any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the MY BORGHESE BEAUTY Platform, or that otherwise negatively affects other members' ability to use the MY BORGHESE BEAUTY Platform
- Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the MY BORGHESE BEAUTY Platform
- Violates any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising).
- "Stalk" or otherwise harass members
- Collect Personal Data about other members for commercial or unlawful purposes
- Use automated means, including spiders, robots, crawlers, data tools, or the like to download data from social communities and the MY BORGHESE BEAUTY Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved"
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on MY BORGHESE BEAUTY's infrastructure
- Attempt to gain unauthorized access to MY BORGHESE BEAUTY's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the MY BORGHESE BEAUTY Platform
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the MY BORGHESE BEAUTY Platform or any community
Privacy and Spam
You agree to comply with all applicable laws with respect to:
- Any collection, use, or disclosure of Personal Data, and
- Email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.
MY BORGHESE BEAUTY may establish general polices and limits concerning member's use of MY BORGHESE BEAUTY, including (and without limitation) the maximum number of days that uploaded content will be retained, the maximum number of and size of content files and objects (including email messages), the maximum disk space allotted to members, the maximum number of times and duration for which you may access MY BORGHESE BEAUTY in a given period of time, the maximum bandwidth used by your content. MY BORGHESE BEAUTY reserves the right to ban or deactivate member accounts that are inactive for an extended period of time.
You, as a member, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by MY BORGHESE BEAUTY) that specified content provided by member of a community that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the MY BORGHESE BEAUTY DMCA. If you do not promptly remove the content specified in the notice, MY BORGHESE BEAUTY may remove the content without any liability to you or to the member that posted such content.
MY BORGHESE BEAUTY may preserve all information you provide. MY BORGHESE BEAUTY may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any information violates the rights of third parties; (d) protect the rights, property, or personal safety of MY BORGHESE BEAUTY, its users and/or the public; or (e) in the event that all or substantially all of MY BORGHESE BEAUTY's assets are acquired by a third party.
MY BORGHESE BEAUTY maintains and enforces a policy of terminating the accounts of members who are repeat copyright infringers.
Links
Although MY BORGHESE BEAUTY controls a few hyperlinks in MY BORGHESE BEAUTY, some links within this Site may lead to third-party sites. MY BORGHESE BEAUTY includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that MY BORGHESE BEAUTY is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. MY BORGHESE BEAUTY reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by MY BORGHESE BEAUTY, and may have different terms of use and privacy policies, which MY BORGHESE BEAUTY encourages you to review.
YOUR ACCOUNT
Term of Service
These Terms & Conditions commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if MY BORGHESE BEAUTY decides, in its sole discretion, to discontinue the MY BORGHESE BEAUTY Platform.
Deactivating Your Account
You may deactivate your MY BORGHESE BEAUTY account at any time, for any reason, by following the instructions on MY BORGHESE BEAUTY. MY BORGHESE BEAUTY has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the MY BORGHESE BEAUTY Platform or any community, or remove and discard any content within any community, without notice and for any reason.
Effects of Deactivating an Account
Upon deactivating your account, these Terms terminate and your access rights to the MY BORGHESE BEAUTY Platform will immediately cease to exist. For content you wish to delete from the MY BORGHESE BEAUTY Platform, you can delete it by going to each of the forums, group or blog posts to which you've contributed. MY BORGHESE BEAUTY is not responsible for deleting content on your behalf. Note that, even if content is deleted from MY BORGHESE BEAUTY's active servers, it may remain in archives. MY BORGHESE BEAUTY will have no obligation to refund any fees paid for premium services.
Survival
The provisions under the following headings will survive termination of these Terms for any reason: License from You (under heading "Licenses to Content"), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Changes to MY BORGHESE BEAUTY and the MY BORGHESE BEAUTY Platform
MY BORGHESE BEAUTY reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the MY BORGHESE BEAUTY Platform or any part thereof with or without notice. MY BORGHESE BEAUTY will not be liable to you or to any third party for any modification, suspension or discontinuance of the MY BORGHESE BEAUTY Platform.
Disclaimer of Warranties
YOUR USE OF MY BORGHESE BEAUTY, AND ALL ITS LICENSED AND DEVELOPED CODE AND ALL CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE MY BORGHESE BEAUTY PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY BORGHESE BEAUTY AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER MY BORGHESE BEAUTY NOR ANY USER MAKES ANY WARRANTY THAT THE MY BORGHESE BEAUTY PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity
You agree to indemnify, defend, and hold harmless MY BORGHESE BEAUTY, and its subsidiaries, affiliates, officers, agents, platform licensor and hosting provider, co-branders or other partners, and employees and shareholders from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
- Any content you submit, post, transmit, or make available through the MY BORGHESE BEAUTY Platform;
- Your use or misuse of the MY BORGHESE BEAUTY Platform or code;
- Your connection to the MY BORGHESE BEAUTY Platform;
- Your violation of these Terms; or
- Your violation of any rights (including intellectual property rights) of a third party.
YOU AGREE THAT MY BORGHESE BEAUTY SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MY BORGHESE BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE MY BORGHESE BEAUTY PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE MY BORGHESE BEAUTY PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO MY BORGHESE BEAUTY BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
Updates to Terms & Conditions
These Terms may be updated or changed by MY BORGHESE BEAUTY from time to time upon MY BORGHESE BEAUTY's posting of the amended Terms on this page. Changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to changes to the Terms, you must notify MY BORGHESE BEAUTY to terminate your account.
In addition to these Terms, you will comply with all policies applicable to MY BORGHESE BEAUTY and the MY BORGHESE BEAUTY Platform, which policies are (i) either posted in the MY BORGHESE BEAUTY Platform or provided to you and (ii) incorporated by reference into these Terms.
General
The failure of MY BORGHESE BEAUTY to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions remain in full force and effect. Your MY BORGHESE BEAUTY account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any MY BORGHESE BEAUTY computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.). Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other members of the MY BORGHESE BEAUTY Platform are intended third party beneficiaries of your obligations under these Terms. MY BORGHESE BEAUTY may assign these Terms to any successor or purchaser of MY BORGHESE BEAUTY or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, NY. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY SUCH DISPUTE. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release MY BORGHESE BEAUTY (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY PROVIDE THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION, AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS.
These Terms, which incorporate the MY BORGHESE BEAUTY Privacy Policy and the MY BORGHESE BEAUTY Policies, when combined with the MY BORGHESE BEAUTY Community Guidelines, constitutes the entire agreement between you and MY BORGHESE BEAUTY and governs your use of the MY BORGHESE BEAUTY Platform, superseding any prior agreements (whether written or oral) between you and MY BORGHESE BEAUTY regarding the subject matter hereof.
MY BORGHESE BEAUTY is controlled from offices within the United States. MY BORGHESE BEAUTY makes no representation that content or materials in MY BORGHESE BEAUTY are appropriate or available for use in other jurisdictions. Access to content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
You acknowledge that you have read and understood these Terms & Conditions and that you agree to be bound by its terms and conditions. If any provision of these Terms & Conditions is found unenforceable, it shall not affect the validity of these Terms & Conditions, which shall remain valid and enforceable according to its terms.
Contacting MY BORGHESE BEAUTY
Users with questions about these Terms & Conditions may contact MY BORGHESE BEAUTY the following ways:
Borghese.com
10 East 34th Street
New York City, NY 10016
[Effective Date: June 4, 2009]
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Borghese Inc.
Customer Service
10 East 34th St
New York, NY 10016
212.659.5300
212.659.5301
customerservice@borgheseny.com
To be effective, the Notification must include 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.
Special Notes
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