#MyHClook Terms of Use

NOTICE: BY RESPONDING WITH #YestoHC, YOU HEREBY AGREE TO THESE TERMS WHICH, AMONG OTHER THINGS, GRANT US THE RIGHT TO USE YOUR USER CONTENT IN A VARIETY OF MANNERS INCLUDING ON OUR SOCIAL MEDIA PROPERTIES, OUR WEBSITE AND IN OUR ADVERTISING.

Ratner Companies, L.C. and the Hair Cuttery brand we manage (collectively, “Hair Cuttery,” “we” or “us”) would like to feature your content, including photos, name, screen name, comments and other materials that you shared or made public on Instagram or Twitter (collectively “User Content”) on the Hair Cuttery branded website, our Lookbook, our digital marketing/social media properties/blogs, and in our digital and print advertising in accordance with these Terms of Use (“Terms”).  

By engaging with Hair Cuttery and responding with #YestoHC to any of the following messages: “We love your pic and would like to feature it on our site! Please reply with #YestoHC to agree. Terms of Use: http://haircuttery.com/lookbook/terms-of-use”, “Love this photo! Would it be ok if we shared it on our digital properties? If so, reply #YestoHC See Terms of Use: http://bit.ly/2EURj5K”, “Stunning! Would it be ok if we shared it on our digital properties? If so, reply #YestoHC. See Terms of Use: http://bit.ly/2EURj5K”, Amazing color transformation! Would it be ok if we shared it on our digital properties? If so, reply #YestoHC. See Terms of Use: http://bit.ly/2EURj5K”, “Way to change it up! Would it be ok if we shared it on our digital properties? If so, reply #YestoHC. See Terms of Use: http://bit.ly/2EURj5K”, “Fab hair pic! Would it be ok if we shared it on our digital properties? If so, reply #YestoHC. See Terms of Use: http://bit.ly/2EURj5K” and/or any variation thereof, you have agreed to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use the Hair Cuttery created hashtag #YestoHC.

These Terms do not grant us ownership of your User Content. However, you hereby grant to us an irrevocable, nonexclusive, perpetual, royalty-free, worldwide, transferable and sublicensable license and right to use your User Content on any Hair Cuttery branded website, blog, social media pages, our Lookbook and in our digital or print advertisements including paid advertisements that may appear on the internet. You further agree that we have the right without limitation to edit, stylize, crop, digitize or otherwise alter your User Content and use the same in accordance with the rights you grant under these Terms and you will not be given the opportunity to review or approve such alterations.

These Terms do not limit any rights we already have under our Privacy Policy: https://www.haircuttery.com/home/privacy-policy.html and website Terms of Use https://www.haircuttery.com/home/terms-of-use.html and you hereby agree that our Privacy Policy and website Terms of Use are hereby incorporated into and made a part of these Terms, but in the event of any conflict between these Terms and our Privacy Policy or our Terms of Use, these Terms control. To the extent a term is not defined or referenced herein, it shall have the meaning set forth in the website Terms of Use. 

You agree that you have received adequate consideration, including through the publicity of your User Content, in exchange for your agreement to these Terms. You agree that nothing in these Terms obligates us to make any use of your User Content, we simply have the right to use it if we choose to do so.

You acknowledge that when you submit content to Instagram or Twitter, your use of Instagram, Twitter and any other third party’s website or social media service is governed by the terms and conditions and privacy policies of those sites (“Third Party Terms”) which we do not control. You should familiarize yourself with those Third Party Terms. You represent and warrant that your User Content is not in violation of any Third Party Terms. 

Hair Cuttery is not obligated to provide you with any attribution or credit when we use your User Content and will not be held liable for any failure to provide you with credit or for any errors in the same.

You hereby represent and warrant to us that you have all necessary rights (including copyrights, trademarks, rights of publicly, etc.) to grant us the license and rights you have granted us through these Terms. If you believe any User Content infringes any third party’s rights (including copyrights, trademarks or rights of publicity), you should provide Hair Cuttery with written notice in accordance with the DMCA notice procedure set forth in the website Terms of Use.

IN NO EVENT SHALL HAIR CUTTERY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USER CONTENT OR OUR USE OF YOUR USER CONTENT CONSISTENT WITH THESE TERMS. HAIR CUTTERY’S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THESE TERMS OR OUR USE OF YOUR USER CONTENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU TO HAIR CUTTERY PURSUANT TO THESE TERMS OR $50.

You agree to defend, indemnify and hold harmless Ratner Companies, L.C. and its affiliates, and its and their respective officers, directors, members, employees, shareholders, agents, successors or assigns from and against any claims, liabilities, damages, actions, expenses or demands, royalties, fees, or damages, including, without limitation, all reasonable attorneys’ fees and costs, resulting from any breach (or alleged breach) of these Terms by you, any false representation made by you to us, your breach or alleged breach of the copyright, trademark, proprietary or other rights of any third party or any breach of a warranty made by you in these Terms. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any User Content that you authorize use to use under these Terms.

The Instagram Terms are located at : http://instagram.com/about/legal/terms/# and   http://instagram.com/about/legal/privacy/# 

The Twitter Terms are located at: https://twitter.com/tos and https://twitter.com/privacy