Terms & Conditions
The following Terms of Use govern the use of the Henna Hut online web
site ("Site"), including participation in its forum facilities ("Forums")
as provided by Henna Hut a Moondye Corporation. Please read these Terms of Use carefully. In
addition to the rules listed below, you are also subject to any posted
guidelines applicable to particular parts of the Site, including any
applicable sweepstakes rules and any terms or conditions applicable to
any services provided in conjunction with the Site's content or service
partners. Your use of and/or registration on any aspect of the Site will
constitute your agreement to comply with these rules. If you do not agree
to these rules, do not use the Site. Henna Hut reserves the right, at its
discretion, to change, modify, add, or remove portions of these Terms of
Use at any time. Please check these Terms periodically for changes. Your
continued use of the Site following the posting of changes will
constitute your acceptance of any changes or revisions to the Terms of
Use.
Your failure to follow these rules, whether listed below or in bulletins
posted at various points in the Site, may result in suspension or
termination of your access to the Site, without notice, in addition to
Henna Hut's other remedies.
1. USE OF THE SITE BY YOU:
a. Your right to use the Site is personal to you. You may not authorize
others to use the Site, and you are responsible for all use of the Site
by you and by those you allow to use, or provide access to, the Site.
b. The Site is not intended for users under the age of 13, and Henna Hut
does not knowingly collect personally identifiable information from users
under the age of 13. Such users are expressly prohibited from submitting
their personally identifiable information to us, and from using our
forums and chat areas; any information submitted by such users will not
knowingly be used, posted or retained by us.
c. You agree not to use any obscene, indecent, or offensive language or
to place on the Site any material that is defamatory, abusive, harassing,
inflammatory or hateful. You agree not to place on the Site any material
that is encrypted, constitutes junk mail or unauthorized advertising,
invades anyone's privacy, or encourages conduct that would constitute a
criminal offense, give rise to civil liability, or that otherwise
violates any local, state, national or international law or regulation.
You agree to use the Site only for lawful purposes and you acknowledge
that your failure to do so may subject you to civil and criminal
liability.
d. You are responsible for ensuring that any material you provide to the
Site or post on a bulletin board or forum, including but not limited to
text, photographs and sound, does not violate the copyright, trademark,
trade secret or any other personal or proprietary rights of any third
party or is posted with the permission of the owner(s) of such rights.
Material on the Site is for your personal use only. The Site contains
copyrighted and other proprietary information.
e. You may not in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance, caching, or
otherwise, of material obtained through the Site, except as permitted by
law or as expressly permitted in writing by these Terms of Use, Henna
Hut, or the Site.
f. You agree not to disrupt, modify or interfere with the Site or its
associated software, hardware and/or servers in any way, and you agree
not to impede or interfere with others' use of the Site. You further
agree not to alter or tamper with any information or materials on or
associated with the Site.
g. Other than connecting to Henna Hut's servers by http requests using a
Web browser, you may not gain access to Henna Hut's servers by any means
- including, without limitation, by using administrator passwords or by
masquerading as an administrator while using the Site or otherwise.
h. You acknowledge that Henna Hut has not reviewed and does not endorse
the content of any sites linked to this Site and is not responsible for
the content or actions of any other sites linked to this Site. Your
linking to any service or site is at your sole risk.
2. PRIVACY POLICY.
All information concerning users of the Site is subject to Henna Hut's
Privacy Policy. Please refer to Henna Hut's Privacy Policy whenever you
provide information to the Site. Click here to view Henna Hut's Privacy
Policy.
3. OWNERSHIP AND LICENSE RIGHTS
This Site and all materials displayed or made available on it are
protected by copyright and/or other applicable law. Unauthorized use of
the material may violate copyright, trademark, and other laws. This Site
is for your personal, noncommercial use only, under a license by Henna
Hut with no transfer of title. You may not use any of the materials
available from this Site on any other Web site or networked computer
environment, or for any purpose inconsistent with these Terms of Use. You
may not remove any copyright or other legal notices from any materials
downloaded from this Site. If you violate these Terms of Use, Henna Hut
reserves the right to terminate your access to the Site and require you
immediately to destroy any copies you have made of our materials, in
addition to Henna Hut's other remedies.
5. COPYRIGHT AND COPYRIGHT NOTICES.
Henna Hut respects the intellectual property of others, and we require
users to do the same. Henna Hut may, in appropriate circumstances and at
its discretion, terminate the access of users who infringe the
intellectual property rights of others, in addition to Henna Hut's. If
you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide Henna Hut's Copyright Agent the
following information:
. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
. A description of the copyrighted work or other intellectual property
that you claim has been infringed;
. A description of where the material that you claim is infringing is
located on the Site;
. Your name, address, telephone number, and email address;
. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Henna Hut's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail: Moondye, Inc USA, Inc.
Legal Department
Copyright Agent
330 Rayford Suite 348
Spring, Texas 77386
6. FORUMS
This Site may include links to bulletin boards and chat rooms ("Forums").
Although Henna Hut has the right to monitor communications made in, to,
and by means of the Forums, including the right to edit, refuse to post,
or to remove any information or materials posted to the Forums, which in
Henna Hut's sole discretion are objectionable or in violation of the
terms and conditions set forth below, Henna Hut assumes no responsibility
to do so and is not responsible for the content of any messages or
information posted by users or other third parties to the Forums. Henna
Hut reserves the right at all times to disclose any information or
materials posted to the Forums necessary to satisfy any law, regulation
or governmental request.
It is a condition of your use of the Forums and this Site that you do
not:
a. Restrict or inhibit any other user from using and enjoying the Forums;
b. Post or transmit any fraudulent, unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic or offensive material
of any kind, including any material that would violate any local, state,
national or international law or give rise to any civil or criminal
liability;
c. Post or transmit any material that violates or infringes the rights of
others, including material that is an invasion of privacy or publicity
rights or that infringes on any intellectual property or contractual
right;
d. Post or transmit any material containing software viruses or similar
disabling devices; or
e. Post or transmit any unsolicited advertising.
7. LINKS
Henna Hut may provide, or third parties may provide, links to other World
Wide Web sites or resources. Henna Hut has no control over or
|responsibility for such sites and resources. You acknowledge and agree
that Henna Hut is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree
that Henna Hut shall not be responsible or liable, directly or
indirectly, for any damage or loss of any kind whatsoever caused or
alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or
resource.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY AND USE OF MOONDYE INC. PRODUCTS:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND PRODUCTS AT YOUR OWN RISK. THE SITE IS
PROVIDED "AS IS," AND Henna Hut AND ITS PARENTS, SUBSIDIARIES,
AFFILIATES, PARTNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS (THE "COMPANY
ENTITIES") HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY,
RELIABILITY, TITLE, MERCHANTIBILITY, NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR
REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED THEREIN OR PROVIDED BY THE SITE. THE COMPANY ENTITIES DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR
THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE
SITE. THE COMPANY ENTITIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING
OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE,
YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON
THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON
THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE
THE COMPANY ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN
ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN
PART: "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."
9. ACCEPTANCE OF TERMS OF USE
Your use or continued use of this Site constitutes your acceptance of
these terms and conditions of use and waiver of liability on the part of
the Company Entities.
10. TERMINATION AND MODIFICATION
Henna Hut has the right to terminate your ability to access the Site for
any reason, without notice. Henna Hut has the right to discontinue,
change, suspend or restrict access to the Site or any portion of the Site
at any time without liability to you or any third party.
11. JURISDICTION AND SEVERABILITY
Henna Hut makes no representation that materials on the Site are
appropriate, available or legal in any particular location. Those who
choose to access the Site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. If any provision of these Terms of Use is held by a
court of competent jurisdiction to be contrary to any law, the remaining
provisions shall remain in full force and effect. The failure of Henna
Hut to exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision. You agree that
the terms and conditions of use applicable to this Site, for all
purposes, shall be governed and construed in accordance with the laws of
the State of New York, without regard to conflicts of law provisions. The
sole and exclusive jurisdiction for any action or proceeding arising out
of or related to the terms and conditions of use applicable to this Site
shall be an appropriate State or Federal court located in New York County
in the State of New York and you hereby irrevocably consent to the
personal and exclusive jurisdiction of such courts. In addition, both
parties agree to submit to the exclusive and personal jurisdiction and
venue of such courts. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to
use of the Site or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
12. HEALTH DISCLAIMER
The content of the Site is provided to you to broaden your understanding
and knowledge of health, beauty and fitness topics ("Health Materials").
This information should not be considered to be exhaustive of a
particular topic, and should never be used in place of a visit or call
to, consultation with or advice from your physician or other health care
provider. Henna Hut strongly recommends that you consult a health care
professional prior to using any information or advice contained on the
Site that sets forth, illustrates, or suggests a particular diet, fitness
program, workout regimen or activity. Henna Hut does not recommend the
self-management of health problems because of advice or recommendations
contained on the Site or otherwise. Never disregard medical advice or
delay in seeking it because of something you have read on the Site. Henna
Hut does not assume and expressly disclaims any liability for injuries
that may occur in connection with any information contained on the Site,
regardless of whether a doctor was consulted.
The "diagnostic" tools available on the Site are simple simulations,
intended to provide cosmetological recommendations on a purely advisory
basis. We do not under any circumstances guarantee your satisfaction
concerning the use of these tools or the final result and we do not
assume any responsibility relative to the use of this advice.
satisfaction concerning the use of these tools or the final result and we
do not assume any responsibility relative to the use of this advice.
a. Applicability of Materials Provided. The health-related materials
provided on this Site (including links to information provided by other
Web sites) are to be used for informational purposes only. The Health
Materials are NOT to be used as a substitute for seeking professional
medical diagnosis, treatment and care. The applicability of any Health
Materials may vary depending on your actual medical condition or that of
a third party.
b. NO DOCTOR-PATIENT RELATIONSHIP CREATED. NEITHER YOU NOR ANY OTHER
PARTY HAS BECOME A PATIENT OF ANY INDIVIDUAL OR ENTITY PROVIDING HEALTH
MATERIALS BY MEANS OF THIS SITE OR ANY LINK FROM THIS SITE. YOU OR SUCH
OTHER PARTY MUST CONSULT A HEALTH CARE PROFESSIONAL FOR A COMPLETE
DIAGNOSIS, TREATMENT AND/OR CARE.
c. NO WARRANTY OR LIABILITY. THE COMPANY ENTITIES EXPLICITLY DISCLAIM AND
EXCLUDE ALL WARRANTIES REGARDING THE HEALTH MATERIALS, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NO WARRANTY OR REPRESENTATION IS MADE AS TO THE
CURRENCY, ACCURACY, OR COMPLETENESS OF ANY OF THE HEALTH MATERIALS. USERS
OF THIS SITE ASSUME ALL RISKS ASSOCIATED WITH THE USE OF ANY OF THE
HEALTH MATERIALS, AND THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ASSOCIATED WITH
SUCH USE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
d. No Endorsement. Any health-related products or medications referred to
herein are provided for informational purposes only and not by way of
endorsement, recommendation, or approval by Henna Hut.
If you do not agree to these Terms of Use, you must exit the Site. Please
click the Back button on your browser to return to the previous page.
Copyright 2010 Moondye, Inc USA, Inc. All trademarks registered. All
rights reserved.
Please read our Privacy Policy. Use of this site constitutes acceptance
of our Terms of Use.
