Terms of Service
Effective Date: Sep 22, 2023
Welcome to The Mona Cut Academy™ LLC (“we”, “us” or the “Company”)! These Terms of Service (“Terms”) govern your use of our website, products, and services. By accessing or using this website, you agree to be bound by these Terms as well as our Privacy Policy. We may update and change these Terms and change these Terms and our Privacy Policy at any time and without notice and such updated versions will be posted on this website. It is your responsibility to review these Terms and our Privacy Policy from time to time. By using or continuing to use this website, or by continuing to provide any User Content (as defined below), you consent to these Terms and/or Privacy Policy posted on the website. If you do not agree to these Terms or the Privacy Policy, then you should not use this website and should not provide User Content to us.
You agree:
● Not to use this website or content in any way not explicitly permitted by these Terms;
● Not to copy, modify, use or create derivative works involving the content, except you may print a reasonable number of copies for your personal use;
● Not to misrepresent your identity or provide us with any false or misleading information in any information-collection portion of this website, such as a registration page, or in connection with any User Content;
● Not to take any action intended to interfere with the operation of this website;
● Not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
● Not to share any password assigned to you with any third parties or use any password granted to a third party;
● Not to directly or indirectly authorize anyone else to take actions prohibited in this section;
● To comply with all applicable laws and regulations while using this website or any content. You represent that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf.
1. Use of Services:
- You agree not to use our services for any illegal, unauthorized, or prohibited purposes.
2. Intellectual Property:
- All content, trademarks, logos, and intellectual property on our website and services are the property of their respective owners and protected by applicable laws.
- You may not reproduce, modify, distribute, or exploit any content without explicit permission.
3. User Content:
- Any messages, comments, information, photos, videos, images, or any other content or communications that you (i) submit to or through this website, or (ii) publish through any social media (e.g., Instagram, Twitter, Facebook, Pinterest, Google+, etc.) and associate with hashtags related to one or more of our brands and agree we can use and including your name, social media handle or ID, profile picture, and related comments, statements and posts (collectively, “User Content”) are subject to and must comply with these Terms.
You may be able to submit content to our services (e.g., comments, reviews). By doing so, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce and display the content.
- You must be 18 years of age or older to submit User Content. By submitting User Content to or through this website or by tagging your User Content on social media, you hereby acknowledge and agree that we may use such User Content without restriction, including without limitation, on this website and/or in our other marketing materials, emails, social media, store signage, collateral and other materials. We may feature User Content with or without your name, handle and/or any other of your associated social media profile information. We are under no obligation to use or display any User Content but may do so in whole or in part in our discretion and may remove, edit or alter any User Content at any time. User Content will be treated as non-confidential and non-personal information and we may disclose any User Content and the circumstances of your submission to third parties and the general public. User Content is non-proprietary except as described herein. We are not responsible for the use and disclosure of any personal information that you disclose in connection with User Content. We will not return any User Content to you.
- For any User Content you submit to us, you represent and warrant that: (i) you are at least 18 years of age; (ii) you own or control all rights, including copyright rights, in and to the User Content and all elements thereof; (iii) you have all rights necessary to validly grant the foregoing rights and licenses to us, including all rights from any and all third parties appearing in the User Content for such third parties’ names, images and/or likenesses, and other third party rights; (iv) the User Content does not infringe or violate the rights of any third party, including without limitation, trademark, copyright, rights of publicity/privacy, patent, trade, secret or confidentiality; and (v) the User Content complies with all applicable laws, rules, regulations, and third party agreements to which you are subject, including social media terms of use. You irrevocably waive any “moral rights” to the attribution of authorship and/or integrity of materials regarding User Content under any applicable law or legal theory.
4. Privacy:
- Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our services, you consent to our Privacy Policy.
5. Disclaimer of Warranties:
- ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
- Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
6. Limitation of Liability:
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF THE MONA CUT ACADEMY LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE MONA CUT ACADEMY LLC FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY
7. Exclusions of Certain Liability:
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MONA CUT ACADEMY LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE MONA CUT ACADEMY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Third-Party Links:
- While visiting this website, you may click on links to other websites or services and leave this website. We provide links to other websites and/or services that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operating by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.
9. Termination:
- We reserve the right to terminate or suspend your access to our services at any time, with or without cause and without prior notice.
10. Modifications:
- We may update or modify these Terms of Service at any time. The updated terms will be posted on our website, and your continued use of our services will signify your acceptance of the changes.
11. Assignment:
- You may not transfer or assign any rights or obligations under these Terms. The Company may transfer or assign its rights and obligations under these Terms. The following terms shall survive any termination of these Terms or discontinuation of the website: Company’s reservation of al intellectual property rights including rights to any content provided to the Company, restrictions on use of this website, no warranties, indemnification and limitation of liability, general terms and any other terms that by their nature are intended to survive.
12. Governing Law:
- These Terms of Service shall be governed by and construed in accordance with the laws of New York State Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts in New York State.
- You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this website, these Terms and the Privacy Policy, is in the state and federal courts in the State of New York in New York County, U.S.A and of the United States District Court for the Southern District of New York. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms are determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted and the balance of the Agreement shall remain enforceable. No waiver of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You hereby acknowledge and agree that you must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
If you have any questions or concerns regarding these Terms of Service, please contact us at academy@themonacut.com.
Terms of Service last updated on September 22, 2023.
TRADEMARK
The Mona Cut Academy and its associated elements (e.g.. logo, brand and icons) are protected under trademark and currently in the process of being registered. Use of the body of work under The Mona Cut Academy without express consent is strictly prohibited.