Terms of Service

Welcome to the www.beautyvt.com Web site (the "Site"). The Site is owned and operated by Hairbrain Industries, LLC dba Beauty VT ("BeautyVT," "we" or "us"). By using of accessing the Site and our beauty and style tip and training subscription service (the "Service") you are agreeing to comply with and be bound by the following terms of use (the "Agreement").

Please review the following provisions of this Agreement carefully. If you do not agree to all of the terms and conditions contained in this Agreement in its entirety, please do not use the Site or the Service.

This Agreement includes both terms and conditions that are (1) applicable to use of the Site, and (2) applicable to the Service. You hereby affirm and warrant that you are capable of lawfully entering into this Agreement. You understand that the Service is for entertainment purposes only. This Site is not intended for children under the age of 13.

BeautyVT may at any time modify or revise this Agreement in its discretion and will post a copy of the amended Agreement on the Site. Your continued use of the Site following the posting of any change constitutes your agreement to such change. If you do not agree to the amended Agreement, your only remedy is to stop using the Site. The latest Agreement will be posted on the Site. We recommend you regularly check this webpage for any updates and/or changes.

1. The Site.
The Site is a beauty and style Web site that provides online demonstrations and virtual training with salon professionals available only to Site members ("Members"). The Site also features an online Store, which is available to Members as well as non-Members.

2. Membership/Billing.
To become a Member you must register in accordance with the terms set forth in paragraph 4 below, and you must subscribe to the Service. There are several Service subscription ("Subscription") pricing plans. For more information regarding our pricing plans and Subscription fees ("Subscription Fees") and to sign up for the Service click here. Subscriptions are pre-paid, and may be billed monthly, quarterly, bi-annually, or yearly (each a "Subscription Period"), depending upon which pricing plan you choose. Your Subscription Fee will be billed accordingly on the calendar anniversary date of your original purchase date for the Service, and will be billed to the credit card account supplied during Registration until you cancel your Subscription. BeautyVT reserves the right to change its pricing at any time with or without notice to Members. However, Members will receive reasonable notice prior to any increases in Subscription pricing.

3. Cancellation
You may use the following methods for help and/or to cancel your Subscription:

  • (a) You may log into your "My Account & Settings" page at BeautyVT.com and click "Membership Info" and then click "Cancel my Account".
  • (b) You may cancel via email to support@beautyvt.com.
  • (c) Call 1-888-268-0559, Monday-Friday between 9:00 A.M and 5:00 P.M Pacific Time.

You will receive notification of your cancellation. Once the Subscription Fee is billed to a credit card account it is non-refundable. If a cancellation is received after the Subscription Fee for that Subscription Period has been billed, the cancellation will not be effective until the next Subscription Period. For example, if a credit card account is billed the Subscription Fee on the 4th day of every month and the cancellation is received on the 10th day, the corresponding Subscription will remain active for the remainder of that current monthly Subscription Period.

For questions, please contact BeautyVT customer service at support@beautyvt.com or call 1-888-268-0559.

4. Registration.
To use the Site, including viewing training videos and participation in all interactive features on the Site (such as to post a comment, tip, or question) you must first register for an account.

  • a. To register, click on the "Registration" link at www.beautyVT.com/signup and follow the on-screen instructions. You will need to supply certain registration information that may include, without limitation, user name, password, postal address, telephone number, e-mail address, and first and last name ("Registration Data"). You warrant that all Registration Data that you supply is accurate and you agree to update your Registration Data as necessary to keep it up to date and accurate. BeautyVT may use any Registration Data provided in accordance with its Privacy Policy. If you provide Registration Data that is untrue, inaccurate or incomplete, or BeautyVT suspects in its sole discretion that you have done so, BeautyVT reserves the right to suspend or terminate your account and all use of and access to the Site by you.
  • b. Once you have submitted your Registration Data as described above, access to your account will be through a combination of both your user name and password. Your user name will be your alias on the Site and will be associated with all of your questions and posts to the Site. We reserve the right to require you to change your user name in the event we determine, in our sole discretion, that the user name you created is offensive. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. You must notify BeautyVT immediately of any breach of security or unauthorized use of your account. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you will be liable for any such unauthorized use. BeautyVT will not be responsible for any unauthorized use of your account and will not be liable for your losses caused by any unauthorized use of your account. You must log in each time you visit the Site in order to use any access the training videos and to use any interactive feature.

5. Member Conduct.
The Site is provided to individuals for their personal use. Any unauthorized commercial use of the Site is prohibited. The use of the Site to solicit business for any competitive Web site or service is also prohibited. You are solely responsible for the content and context of any content you post on the Site or that are posted using your account. Please choose carefully what you post. You warrant and agree that while using the Site, you will not:

  • use the Site in any manner contrary to its authorized use and the terms of this Agreement;
  • sublicense, sell, rent, lease, transfer or exploit any right in any portion of the Site;
  • alter or modify any portion of the Site;
  • distribute any portion of the Site;
  • sell information associated with the Site;
  • remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Site;
  • use the Site in connection with chain letters, junk email, spamming, or unsolicited messages (commercial or otherwise), or advertising of any kind;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • create a false identity or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of a comment or post;
  • upload, post, transmit, distribute or otherwise publish through the Site unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, profane, obscene, libelous, hateful, pornographic, sexually explicit, violent, false, misleading, offensive, invasive of another's privacy, or otherwise objectionable material;
  • post, transmit, distribute or otherwise publish any material that infringes or may infringe the intellectual property rights or other rights of third parties, including without limitation, trademark or copyright;
  • post, transmit, distribute or otherwise publish any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code, program or file designed to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment;
  • post, transmit, distribute or otherwise publish any material that you do not have a right to upload, post, transmit, distribute or otherwise publish under any law or any contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as a part of employment relationships or under non-disclosure agreements);
  • use the Site to violate any applicable law restricting the export or import of data, software or any other content;
  • damage, interfere with or disrupt the Site or servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;
  • decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or obtain the intellectual property, trade secrets or other proprietary information embodied in the Site;
  • gain or attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or by any other means;
  • circumvent, disable or otherwise interfere with security-related features or other features that prevent or restrict the copying or use of any content on the Site;
  • interfere with another Member's use and enjoyment of the Site;
  • impersonate any person or entity or misrepresent your affiliation with a person whose content appears on the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • use the Site in any unethical manner or contrary to accepted community standards; or
    engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.

6. Member Content.
You are solely responsible for the comments, tips and other content that you post on the Site ("Member Content"). You represent and warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to use the Member Content, to include the Member Content on the Site, and to permit other Members to use and download or print copies of the Member Content, and (b) you will not submit Member Content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Member Content and to grant us all of the license rights granted herein. You retain all of your ownership rights in your Member Content. By posting Member Content on the Site or otherwise submitting it to us, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, reformat, excerpt (in whole or part) and translate the Member Content for any purpose in connection with the Site, our (and our successors' and affiliates') business and the promotion thereof or any other purpose in any media format and through any media channels, and to grant and authorize sublicenses of the foregoing. We may remove Member Content at any time. You agree that we may retain archival copies of Member Content that has been removed or deleted. BeautyVT does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and BeautyVT expressly disclaims any and all liability in connection with Member Content.

7. Flagging Member Content.
Members can flag Member Content that they believe is inappropriate or offensive by clicking the "flag content" link below the post and completing the online form. Flagged posts are submitted to BeautyVT administrators for review and final action. The poster will be alerted if Member Content has been deemed unacceptable and removed from the Site.

8. No Spam.
BeautyVT will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

9. Intellectual Property.
You acknowledge and agree that all content and materials available on the Site, including but not limited to, our name and logos, are protected by intellectual property and other laws. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited.

10. Copyright Infringement Claims.
In appropriate circumstances and at our sole discretion, we may suspend or terminate the access of and take other action against Members who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notification should be sent to our copyright agent:

Trademark & Copyright Dept.
Hairbrain Industries, LLC dba BeautyVT
8491 Sunset Boulevard, Suite 1750
West Hollywood, CA 90069
1-888-268-0559
support@beautyvt.com

11. Monitoring.
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on the Site. The poster will be alerted if Member Content has been deemed unacceptable and removed from the Site. Notwithstanding this right, we are not responsible for any materials posted by Members.

12. Use of the Site.
BeautyVT does not guarantee the accuracy, completeness, or usefulness of any information available on the Site. You understand and agree that BeautyVT will not be responsible for and you hereby agree to hold BeautyVT harmless from, any and all loss or damage resulting from anyone's reliance on information or content posted on the Site. We make no representations that the content and materials on the Site are appropriate, available or legal in any location outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Refer a Friend.
You will have the opportunity to invite your family and friends to visit the Site and subscribe to the Service. When you refer a friend, you are granting us the right to contact that individual and you will be held solely responsible for any and all liability associated with such contact and/or invitation.

14. Modifications to the Site.
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site, including but not limited to, content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

15. Third-Party Web sites.
The Site may provide links to other third-party Web sites, offers, and/ or resources. Because BeautyVT has no control over such third-party Web sites, offers and/or resources, you hereby acknowledge and agree that BeautyVT is not responsible for the availability of such third-party Web sites, offers and/or resources. Furthermore, BeautyVT does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third-party Web sites, offers or resources, or for any damages and/or losses arising therefrom.

16. Privacy.
For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy.

17. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF POSTED TIPS OR OTHER CONTENT ON THE SITE, (C) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, OR (D) THE CONTENT OF ANY POSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN MEMBERS.

18. LIMITATION OF LIABILITY.
IN NO EVENT WILL BEAUTYVT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF, OR INABILITY TO USE, THE SITE, (B) THE SITE CONTENT, MATERIALS OR FUNCTIONS, (C) MEMBER CONTENT, (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, INCLUDING PERSONAL INFORMATION CONTAINED THEREIN, (E) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, (F) THE CONTENT OF ANY POSTS, OR (G) THE CONDUCT OF ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN MEMBERS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

19. Indemnification.
You agree to defend, indemnify and hold us and our officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by any of them in connection with any claim arising out of or related to (a) your use of the Site, (b) your breach or violation of this Agreement, (c) your dispute with another Member, (d) the unauthorized access to any password-protected area of the Site using your password, or (e) your violation or alleged violation of any third party right, including without limitation copyright or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.

20. Termination.
This Agreement constitutes a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. BeautyVT reserves the right to terminate the account of repeat copyright infringers or Members whose posts are repeatedly flagged and/or removed because of inappropriate content. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

21. Submissions.
All remarks, submissions, ideas, concepts, pictures or other information about the Site you submit to us will become our exclusive property. We will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.

22. Choice of Law; Forum.
This Agreement shall be governed by and in accordance with the laws of the State of Connecticut, without regard to conflicts of law provisions. Any controversy involving BeautyVT arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate State or Federal court in Connecticut and you irrevocably consent to the jurisdiction of such courts.

23. Notices.
Except as explicitly stated otherwise, any notices will be given by email to us at support@beautyvt.com or to you at the email address you provide to us. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

24. General Provisions.
This Agreement, including our Privacy Policy and any other rules or guidelines on the Site, constitutes the entire agreement between you and BeautyVT and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be enforced to the maximum extent possible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect. The failure by either you or us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement.

25. Legal Warning.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site is a violation of criminal and civil law and Beauty VT will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

26. Contact Information.
If you have any questions or comments about this Agreement, we can be contacted at:

Hairbrain Industries, LLC
8491 Sunset Boulevard, Suite 1750
West Hollywood, CA 90069
1-888-268-0559
info@beautyvt.com