Last Updated: July 8, 2020
1. General Terms
ProPoint is the sole owner of all intellectual property, including text, data, reports, files, graphics, user interfaces, visual interfaces, photographs, trademarks, service marks, trade names, logos, icons, images, data compilations, sounds, music, artwork, and computer code, and any materials used or generated by ProPoint, or created by the Salons, third party customers, or you through use of the App (collectively, “Content”).
For Content that is owned by you that is covered by trademark, copyright, or any other intellectual property right, and used in connection with the App, you agree to provide ProPoint a royalty-free, non-exclusive, transferable, worldwide license to use the Content.
3. Salon Conduct
The Content created by the Salons through use of the App are the sole responsibility of the Salon from which the Content originates. That means the Salon, and not ProPoint, is entirely responsible for all Content that a Salon uploads, posts, or otherwise transmits via the App or that the Salon instructs ProPoint to upload, post, or otherwise transmit via the App on the Salon’s behalf. ProPoint does not provide, create, or control any Content posted by the Salons or any other user of the App, and, as such, does not guarantee the accuracy, integrity, or quality of the Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent, or objectionable. ProPoint is not liable for such Content, including but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted through the App.
You will not use the App or the SMS function to:
- Damage, disable, overburden, or impair the ProPoint server, or interfere with any other third party’s use or enjoyment of the App.
- Attempt to gain unauthorized access to the App, other accounts, computer systems, or networks connected to any ProPoint server or the App.
- Violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of publicity or privacy) of others.
- Send or otherwise make available any inappropriate content, profane, defamatory, obscene, abusive, racist, indecent, or unlawful topic, name, material, or information.
- Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong.
- Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
- Transmit or upload any material that contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
4. SMS Marketing Rules
5. Ownership of SMS Message Content
7. Third Party Materials
The SMS function may display, include, or make available third party content (including data, information, applications, and other products services, and/or materials) or provide links to third-party websites or services, including through third party advertising (“Third Party Materials”). You acknowledge and agree that ProPoint is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. ProPoint does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely your own risk and subject to such third parties’ terms and conditions.
9. Disclaimers of Warranties
All information, content, and materials made available to you through the App are provided by ProPoint on an “as is, where is” basis. ProPoint makes no representations or warranties of any kind hereunder, express or implied, as to the operation of the App, or the information, data, content, materials, products, or other services included on or otherwise made available to you through use of the App. You agree that ProPoint will not be liable for any damages of any kind (including but not limited to direct, indirect, special, consequential, punitive, and general damages) arising from the use of the App or the materials within the App.
You shall indemnify and hold ProPoint harmless from and against any damages, losses, claims, and expenses suffered or incurred by you in connection with (i) any communications or advertisements made by ProPoint or the Salons using the App; (ii) any use of the App by ProPoint or the Salons in violation of applicable laws and regulations; (iii) any breach of representation or warranty herein; and (iv) any communications or advertisements made by ProPoint on behalf of and at the direction of the Salons. You represent and warrant that you shall use the App in compliance with all applicable laws and regulations. You acknowledge that ProPoint may collect and store your personal information and information pertaining to your uses and user behavior within the App, and hereby consents to such collection and storage. ProPoint disclaims any and all warranties with respect to the App, whether express or implied, including specifically the implied warranties of merchantability and fitness for a particular purpose. The App is provided “as is, where is”, and you understand that you assume all risks of use, quality, and performance.
11. Limitation of liability
12. Governing Law
13. Entire Agreement
15. How to Contact Us
ProPoint Solutions, LLC
c/o Privacy Officer
314 North First Avenue
Minneapolis, Minnesota 55401
Telephone: (888) 458-1001