Terms and conditions of use
Effective Date: April 1, 2017.
Welcome to Gloss: Store Hair Color Formulas & Client Info! We are a subscription service that enables stylists and colorists to store and manage color formulas and client information.
Description of Service and Acceptance of Terms
This user agreement is a contract between you and Gloss, LLC (“Gloss: Store Hair Color Formulas & Client Info,” “Gloss”, “We”) that governs your use of your Gloss, LLC account and the Gloss, LLC services.
PRIVACY: Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GLOSS, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Changes to These Terms
You agree that your account is only to be used by the account holder; you may not have multiple users per account. Doing so may result in termination without notice.
You many not save or post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer license or assign your account, username, or any account rights. With the exception of people or business that are expressly authorized to create accounts on behalf of their employers or clients, Gloss, LLC prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Gloss, LLC upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Gloss, LLC users.
You are responsible for keeping your password secret and secure. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities and you must not post private or confidential information via the Service, including without limitation, you or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and sharing of any data, text, files, information, usernames, images, graphics, photos, profiles, color formulas and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service. Please consider carefully what information you choose to share or make public.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Gloss, LLC.
You must not access Gloss, LLC’s private API by means other than those permitted by Gloss, LLC.
You must not interfere the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Gloss, LLC page is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if Gloss, LLC determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers.
Membership, Free Trials, Billing and Cancellation
To learn how to access information about your subscription (including Viewing, Changing, Canceling or Managing your subscription) visit: https://support.apple.com/en-us/HT202039
i. Your Gloss, LLC membership is a subscription based model. The Service will continue month-to-month and automatically renew unless and until you cancel your membership, payment method is not valid, or we terminate it. You must have Internet access and must provide Apple with a current, valid, accepted method of payment to use the Gloss, LLC service. Apple will bill the monthly membership fee to your payment method that is connected to your Apple ID. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. All payment methods are connected to your Apple ID.
When you subscribe, you will be signing up to pay for your subscription using your iTunes account. By activating your subscription, you agree that at the end of any trial period and then every month thereafter unless and until you cancel your subscription, your iTunes account will automatically be charged your monthly subscription fee. Your account will be charged within 24 hours before the end of any trial or monthly subscription period.
To cancel your subscription, please turn off auto-renewal through your iTunes account. This will cancel your subscription, effective at the end of your current monthly subscription period. When you turn off auto-renewal in the middle of a monthly subscription period, you will still be able to access the content for the remainder of that period, but you will not receive any refund for any partial month’s fee from the time you turn off auto-renewal. So if you would like to avoid being charged for the next monthly period, please turn off auto-renewal at least 24 hours before the end of any trial or current monthly subscription period.
i. Your Gloss, LLC membership may start with a free trial. The free trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. Free trials are for new and certain former members only. Gloss, LLC reserves the right, in its absolute discretion, to determine your free trial eligibility. It is very important to understand that you will not receive a notice from Gloss, LLC that your free trial has ended and that payment for your subscription is due.
ii. We will automatically begin billing your Payment Method connected to your Apple ID for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To learn how to view the specific details of your membership, including monthly membership price and end date of your free trial period, visit https://support.apple.com/en-us/HT202039. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. The payment method connected to your Apple ID will automatically be charged if the user fails to cancel subscription after free trial. Free trials are for new and certain former members only.
iii. Canceling Subscription after Free Trial Period. If user should choose not to continue using Gloss, LLC after the 30 day trial period any information inputted into the Service will not be accessible; the user must manually retrieve all information desired prior to when the subscription will expire.
i. Recurring Billing. By starting your Gloss, LLC membership and providing or designating a Payment Method, you authorize us and Apple, INC. to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Gloss, LLC Service such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. Any changes to Payment Method must be done through your Apple ID. For information on how to change or update your Payment Method please visit https://support.apple.com/en-us/HT201266. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us or if you used a third party as Payment Method, to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your Gloss, LLC membership at any time, and you will continue to have access to the Gloss, LLC service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To learn how to cancel, click here or simply go to the Settings in your device>click on iTunes & App Store>click on your Apple ID>View Apple ID>Subscriptions>Gloss. If you signed up with Gloss, LLC using your account with a third party as a Payment Method, and wish to cancel your Gloss, LLC membership at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off-auto renew, or by unsubscribing from, the Gloss, LLC service through that third party. You may also find billing information about your Gloss, LLC membership by visiting your account with the applicable third party. IT IS VERY IMPORTANT TO REMEMBER THAT ANY AND ALL INFORMATION ENTERED BY YOU INTO THE GLOSS, LLC SERVICE WILL CEASE TO BE ACCESSIBLE ON THE EXPIRATION OF YOUR SUBSCRIPTION DATE SHOULD YOU CHOOSE TO CANCEL YOUR MEMBERSHIP.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
Use of Information Submitted
Gloss, LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Gloss, LLC service, including the Gloss, LLC website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Gloss, LLC service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Gloss, LLC does not accept unsolicited materials or ideas for Gloss, LLC content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Gloss, LLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Gloss, LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
3. Although it is Gloss, LLC’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Gloss, LLC reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Gloss, LLC, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Gloss, LLC encourages you to maintain your own backup of your Content. In other words, Gloss, LLC is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup. Gloss, LLC will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
6. It is Gloss, LLC’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Gloss, LLC does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Gloss, LLC is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and other IP Violations
1. We respect other people's rights, and expect you to do the same.
2. If you infringe the people’s intellectual property rights, we will disable your account when appropriate and without notice.
Disclaimer of Warranties & Limitation of Liability; Waiver
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE GLOSS, LLC SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GLOSS, LLC SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GLOSS, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GLOSS, LLC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, GLOSS, LLC DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. GLOSS, LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GLOSS, LLC READY DEVICES, AND GLOSS, LLC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
UNDER NO CIRCUMSTANCE SHALL GLOSS, LLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE GLOSS, LLC CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GLOSS, LLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GLOSS, LLC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE GLOSS, LLC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GLOSS, LLC PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY UNITED STATES DOLLARS ($50.00).
GLOSS, LLC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF GLOSS, LLC.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Gloss, LLC can require the other to participate in an arbitration proceeding. To opt out, you must notify Gloss, LLC in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Gloss, LLC ATTN: Arbitration Opt-out 167 Ludlow St, Suite 4A, New York, NY 10002
You must include your name and residence address, the email address you use for your Gloss, LLC account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Gloss, LLC.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Gloss, LLC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Gloss, LLC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Gloss, LLC provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.