PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR WEBSITES.
Ownership & Limited License
The materials and content on our website are protected by copyrights, trademarks or other intellectual property rights. These materials―including, but not limited to, trademarks, content, photographs, images, illustrations, text, videos, and other materials―are owned by PBA, or are used with permission of their owners or as otherwise authorized by law. All rights are reserved, worldwide.
Subject to your strict compliance with these Terms, PBA grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to use our website for your personal use only.
Respecting PBA's and Others' Rights
Please respect the intellectual property and other rights of PBA and others. Your unauthorized use of content from our website may violate copyright, trademark, privacy, publicity, communications or other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution on our website, please see Reporting Potential Copyright Infringement to Us below.
Website Use and Restrictions
Any unauthorized use of our website for any purpose is prohibited. We may suspend or terminate the availability of our website (and any elements or features of them), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.
You agree that you will not:
You also agree that, in using our website:
Creating/Terminating Accounts and Your Responsibilities
To use some of the features on our website, especially those designed for PBA members (Both eMembers and Paid Members), you must first register for a PBA user account.
When you register for a user account, you may select your own password and you agree that:
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide is (or if we have reasonable grounds to believe that any information that you provide is) false, inaccurate, outdated, incomplete or violates these Terms, or any applicable law, then we may suspend or terminate your user account. We also reserve the right to terminate your user account or suspend or otherwise deny you access to it or its benefits―all in our sole discretion, for any reason, and without advance notice or liability.
Postings You Make ("Your Content")
We may offer features on our website that allow you to make postings or otherwise submit messages or create content ("Your Content"). We may allow you to create Your Content through a variety of means, including sharing information or best practices, reviews, comments, forums, messaging features or other functionality.
Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title and interest that you may have in Your Content and you remain ultimately responsible for it. You hereby grant to PBA a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and cost-free right and license to use any of Your Content in any manner, as PBA sees fit, including for advertising, marketing or promotional purposes. Accordingly, you acknowledge and agree that Your Content may be made publicly available, and you agree that PBA may, but is not obligated to, protect and enforce our rights to Your Content, including by bringing and controlling legal actions in your name and on your behalf (at our expense, to which you hereby consent and irrevocably appoint PBA as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
When you submit (or upload) Your Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are either the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to Your Content that you submit, and that (a) you are the sole author and owner of the intellectual property and other rights to Your Content, or you have a lawful right to submit it and grant PBA the rights to it that you are granting by these Terms, all without any PBA obligation to obtain consent of any third party and without creating any obligation or liability of PBA; (b) Your Content that you submit is accurate; (c) Your Content does not and will not infringe any intellectual property or other right of any third party; and (d) Your Content does not violate these Terms and will not cause injury or harm to any person.
PBA may, but has no obligation to, review, monitor, display, post, store, maintain, accept or otherwise make use of any of Your Content, and PBA may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Your Content without notice or any liability to you or any third party in connection with our operation of our website.
Rules & Restrictions for Your Content
When you make postings or otherwise create Your Content, you agree to the following:
If we reasonably believe that any of Your Content may violate any of these rules, then we may, but are not required to, take any legally available action that we deem appropriate, in our sole discretion, including removing such Your Content or terminating (or suspending) your user account or restricting your access to our website. You may report potential violations of these rules to us at firstname.lastname@example.org.
Respecting PBA's and Others' Rights
If you believe that any material on our website infringes your copyright, please send us a notification, under the Digital Millennium Copyright Act ("DMCA"), by e-mail to email@example.com or to the address given at below. In your notice, please provide the following:
Your use of our website, and any reliance on any material published or transmitted by it, is at your own risk. If you have any problem or concern about our website, please exit from it. We reserve the right to restrict or limit access to our website.
OUR WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES PBA WARRANT THAT OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
PBA reserves all rights, defenses and permissible limitations under applicable laws.
Our website is based in the United States. PBA makes no claim that our website, or the materials available through it, are appropriate or may be downloaded outside of the United States, and access to it may not be legal by certain persons or in certain
countries. If you access our website from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
These Terms are governed by the laws of the State of Arizona. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly stated on specific pages or other elements of our website, these Terms constitute the entire agreement between you and PBA with respect to your use of our website.
We reserve the right to change these Terms at any time, by posting amended terms on this website. Use of our website after the effective date constitutes your acceptance of the amended terms and conditions. You should read and review this page regularly to see if there have been any changes.
If you have any questions regarding our Terms, practices, or your use of our website, please contact us or use the information below:
Professional Beauty Association (PBA)
Attn: IT - Privacy Office
7755 E Gray Rd
Scottsdale, AZ 85260-3459
Toll Free: 800.468.2274
Effective Date: 2019