TONI&GUY TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
ACCURACY OF INFORMATION. We are not responsible if information we make available on the Site is not true, accurate, current or complete. The materials on the Site are provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on this Site will be at your own risk. We reserve the right to modify the contents of this Site at any time. You agree that it is your responsibility to monitor changes to the Site.
PERSONAL USE LIMITATION. Unless otherwise specified, the Services are solely for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site or Services. TONI&GUY has no obligation to monitor the Services. However, we reserve the right, with or without notice, to cancel any services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
PROPRIETARY RIGHTS TO CONTENT. All materials contained in this website are copyrighted except where explicitly noted otherwise. © 2019 TONI&GUY USA, LLC. All rights reserved.
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this Site (the “Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without TONI&GUY’s prior, express written authorization.
CORPORATE IDENTIFICATION AND TRADEMARKS. All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Site are the property of TONI&GUY, its subsidiaries, and affiliates unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without TONI&GUY’s prior express written permission. The use of TONI&GUY’s Marks on any other website is prohibited.
MEMBER ACCOUNT, PASSWORD, AND SECURITY. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TONI&GUY immediately of any unauthorized use of your account or any other breach of security. TONI&GUY will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TONI&GUY or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
USER CONDUCT. You agree that all the information posted or accessed by you will be used only for your personal purposes. There will be no resale or unauthorized use of interactive features. You will not engage in any conduct or action that is prohibited by law or violates federal, state, or local laws. You also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. TONI&GUY does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TONI&GUY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, TONI&GUY reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TONI&GUY in its sole discretion.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any TONI&GUY server, or the network(s) connected to any TONI&GUY server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TONI&GUY server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
TONI&GUY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY DOCUMENTS AND RELATED VIDEOS AND GRAPHICS (“MATERIALS”) PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TONI&GUY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TONI&GUY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE MATERIALS PUBLISHED ON THE SITE AND/ OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TONI&GUY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), THE PROGRAM(S), AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES ARE AVAILABLE ON THIS SITE. IN NO EVENT SHALL TONI&GUY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
By way of example, and not as a limitation, you agree that when using the Site and/or Services, you will not:
UNSOLICITED IDEA SUBMISSION POLICY. NEITHER TONI&GUY NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN TONI&GUY’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO TONI&GUY. THEREFORE, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO TONI&GUY OR ANYONE AT TONI&GUY. TONI&GUY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, YOU WILL AND DO IRREVOCABLY ASSIGN TO TONI&GUY, WITHOUT FURTHER CONSIDERATION, ALL OF YOUR RIGHT, TITLE AND INTEREST IN AND TO SUCH IDEAS AND MATERIALS, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO, THROUGHOUT THE WORLD, AND ACKNOWLEDGE THAT TONI&GUY WILL BE ENTITLED TO USE AND IMPLEMENT, AND TO AUTHORIZE OTHERS TO USE AND IMPLEMENT, SUCH IDEAS AND MATERIALS IN ANY MANNER WITHOUT RESTRICTION, AND WITHOUT ANY OBLIGATION OF CONFIDENTIALITY, ATTRIBUTION OR COMPENSATION TO YOU. TO THE EXTENT THAT THE FOREGOING IS DEEMED INEFFECTIVE, YOU WILL AND HEREBY DO GRANT TO TONI&GUY(AND ITS SUCCESSORS AND ASSIGNS) A NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE, WORLD-WIDE, ROYALTY-FREE, PAID-UP RIGHT AND LICENSE, WITH THE RIGHT TO GRANT SUBLICENSES TO OTHERS, THROUGH MULTIPLE LEVELS, TO USE, DISPLAY, REPRODUCE, MODIFY AND DISTRIBUTE AND OTHERWISE FREELY EXPLOIT SUCH IDEAS AND MATERIALS, IN WHOLE OR IN PART, IN ANY AND ALL MEDIA, WHETHER ALONE OR TOGETHER OR AS PART OF ANY MATERIAL OF ANY KIND OR NATURE. WITHOUT LIMITING ANY OF THE FOREGOING, TONI&GUY WILL HAVE THE RIGHT TO USE, COPY, DISPLAY, PERFORM, DISTRIBUTE, MODIFY AND RE-FORMAT SUCH IDEAS AND MATERIALS IN ANY MANNER THAT TONI&GUY MAY DETERMINE. BY SUBMITTING UNSOLICITED IDEAS AND MATERIALS, YOU REPRESENT AND WARRANT TO TONI&GUY THAT (I) YOU HAVE ALL NECESSARY RIGHTS IN AND TO SUCH IDEAS AND MATERIALS TO DO SO AND TO PROVIDE THE FOREGOING ASSIGNMENTS AND GRANTS, AND (II) NONE OF THE IDEAS AND MATERIALS (OR THE INFORMATION CONTAINED THEREIN) INFRINGES, MISAPPROPRIATES OR VIOLATES ANY PROPRIETARY, INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY OTHER PERSON OR ENTITY, OR CONTAINS ANY LIBELOUS, TORTIOUS, OR OTHERWISE ILLEGAL CONTENT.
INDEMNIFICATION. You agree, at your expense, to indemnify, defend and hold harmless TONI&GUY, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your breach of this Agreement, in connection with your use of the Site or Services, or in your connection with your submission of any unsolicited ideas and materials.
WAIVER/SEVERABILITY. The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
AGREEMENT AND AMENDMENT. These Terms are effective upon acceptance by you, supersede all prior agreements relating to the Site and Services, and constitute the entire agreement between you and TONI&GUY with respect to the subject matter hereof. There are no written or oral understandings that are not fully expressed in these Terms relating to such subject matter. TONI&GUY may update these Terms from time to time and will update the top of this page with the date such changes are made and/or when they become effective, and your continued use of the Site and/ or Services indicates your agreement to such changes.
RESERVATION OF RIGHTS. Any rights not expressly granted herein are reserved.
VENUE AND GOVERNING LAW. This Agreement and the relationship between you and TONI&GUY shall be governed by and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Dallas County, Texas. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.