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#MYHCSTYLE Terms of Use

We’d love to feature photos of our clients and our stylists’ creations! The #MyHCStyle Program gives our clients and stylists the opportunity to have their photos, videos, and other User Content (which is defined in the Terms of Service for the HCFB Digital Platforms) featured on our websites, blogs, on social media, and in our digital and print advertising, so long as everyone abides by the #MyHCStyle Terms of Use (“#MyHCStyle Terms”). If you’re reading this, we’ve probably requested your permission to feature your User Content in this way, so please read these #MyHCStyle Terms carefully.

If you choose to allow us to use your User Content, image, likeness, or other material in the #MyHCStyle Program, you agree to be bound by the #MyHCStyle Terms, as well as our Privacy Notice, the Terms of Service for the HCFB Digital Platforms, and any other applicable terms, which are hereby incorporated by reference and can be viewed via links on the Hair Cuttery® homepage. We sometimes refer to these, collectively, as our “Agreement” with you. The #MyHCStyle Terms are in addition to, and do not limit, any other part of our Agreement. If there is a conflict between the Terms of Service for the HCFB Digital Platforms and the #MyHCStyle Terms, the #MyHCStyle Terms apply.

We reserve the right to change the #MyHCStyle Terms by posting an updated version on our website, so you should review the latest version each time you give us permission to feature your User Content, image, or likeness, or otherwise participate in the #MyHCStyle Program. If you don’t agree with the #MyHCStyle Terms, or any other part of the Agreement, please don’t participate in the #MyHCStyle Program. In case you’ve already joined, you can always opt out by following the instructions, below.

IMPORTANT NOTICE: The #MyHCStyle Terms, and the rest of our Agreement, are a legally binding contract between you and us. Please read the #MyHCStyle Terms carefully as they contain important provisions governing how we will resolve disputes and could affect your legal rights. In particular:

  • You agree to email us at legal@haircuttery.com before you bring a claim in court or initiate an arbitration so that we can try to reach an agreement informally. And, we agree to do the same, provided we have a valid email address for you.
  • You agree that any disputes between us will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
  • You also agree that you will not try to sue us in a class action. This is called a “CLASS ACTION WAIVER.”

If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile apps or by calling our Guest and People Care Center at 877-319-3919.

 

WHO WE ARE

We are HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, its direct and indirect subsidiaries, and its affiliates. We manage a family of brands that includes Hair Cuttery®, Bubbles® Salons, and cibu® (“Our Brands”).

ABOUT THE #MYHCSTYLE PROGRAM

We started the #MyHCStyle Program to showcase our stylists’ talents, and clients’ new looks, including on our websites, blogs, on social media, in our digital and print advertising, and for other lawful purposes. We also maintain a database of “style” photographs (the “HC LookBook”) to inspire looks for all hair types from our Hair Cuttery® community.

When you agree to the #MyHCStyle Program, you grant us a license (described below) with regard to the User Content you submit, and agree that we can use that User Content (which in some case includes photos, videos and other information identifying you), your name, screen name, and other potentially personally identifying information, for commercial purposes, such as in our print and digital marketing materials, social media and in our stores. You also promise that any content you provide meets the eligibility requirements of the #MyHCStyle Program, which are described in more detail, below. By responding #YestoHC, you are providing this agreement in writing.

WHO CAN PARTICIPATE IN THE #MYHCSTYLE PROGRAM

Our clients and stylists can participate in the #MyHCStyle Program by posting on social media and replying #YestoHC in response one of our requests, which are described in more detail, below. The #MyHCStyle Program is intended for stylists and clients of HCFB who are adults and can form legally binding agreements. You must be a permanent legal resident of the U.S. and be at least the age of majority in your state of residence to participate in the #MyHCStyle Program.

HOW TO PARTICIPATE IN THE #MYHCSTYLE PROGRAM

The first step for anyone who wants to participate in the #MyHCStyle program is to make sure that the photo, image, video, or other content you wish to submit is eligible. Eligible content must meet all of the criteria set forth in these #MyHCStyle Terms, be your User Content (as defined in the Terms of Service for the HCFB Digital Platforms), and comply with our content guidelines. Additional rules may vary, depending on whether you submit a photo of yourself (or your minor child), or whether you’re a stylist who wants us to feature the styles you create for clients. Keep reading for more information.

After verifying eligibility, clients and stylists may participate in the #MyHCStyle Program by posting their User Content to social media with the hashtag #MyHCStyle or by tagging @HairCuttery, @cibu, @Bubbles, or @HairCutteryFamilyofBrands and replying #YestoHC in response to a request from a verified Hair Cuttery® or other HCFB account. Although the requests will vary, examples include:

  • “We’re drooling with hair-envy. Could we share this photo on our websites, social media, and other advertising? The #MyHCStyle Terms apply, so make sure to read them! If you agree, reply #YestoHC.”
  • “This is crazy impressive! Would you allow us to share this photo on our websites, social media, and other advertising? The #MyHCStyle Terms apply, so make sure to read them! If you agree, reply #YestoHC.”
  • “Wow! Stunningly beautiful hair! Could we share this on our websites, social media, and other advertising? The #MyHCStyle Terms apply, so make sure to read them! If you agree, reply #YestoHC.”
  • “Your work is gorgeous! Would it be okay if we shared it on our websites, social media, and other advertising? The #MyHCStyle Terms apply, so make sure to read them! If you agree, reply #YestoHC.”
  • “OMG this is beyond gorgeous! Would it be okay if we share it on websites, social media, and other advertising? The #MyHCStyle Terms apply, so make sure to read them! If you agree, reply #YestoHC.”
  • “Love this photo! Would it be ok if we shared it on our websites, social media, and other advertising? The #MyHCStyle Terms apply, so make sure to read them! If you agree, reply #YestoHC.”

By engaging with HCFB and responding with #YestoHC, you promise to be bound by the #MyHCStyle Terms and that the image is of an adult (subject to the exceptions included in these #MyHCStyle Terms). If you don’t agree, please do not use the Hair Cuttery® created hashtags #MyHCStyle, #YestoHC, or otherwise participate in the #MyHCStyle Program.

RULES FOR CLIENTS WHO WANT TO BE FEATURED IN THE #MYHCSTYLE PROGRAM

Clients who want to the chance be featured in the #MyHCStyle Program must grant permission for HCFB, its affiliates, subsidiaries, agents, and partners, to share photos of their hair, face, image, likeness, name, screen name, and other potentially personally identifiable information that you provide, including on our Digital Platforms, on social media, and in printed form, for advertising, commercial, and other lawful purposes, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of their image and likeness. You must further understand and agree that when you reply #YestoHC you are providing HCFB the above consents, in writing.

By posting a photo of yourself (or your minor child over the age of 16), and responding #YestoHC, you give us the permissions described in this section, in writing, promise to be bound by the #MyHCStyle Terms, and warrant that you are at least the age of majority in your state of residence. If you don’t agree, please do not use the Hair Cuttery® created hashtags #MyHCStyle, #YestoHC, or otherwise participate in the #MyHCStyle Program.

RULES FOR STYLISTS WHO WANT TO PARTICIPATE IN THE #MYHCSTYLE PROGRAM

Stylists who want to feature their creations in the #MyHCStyle Program may submit User Content with their clients’ styles, so long as that individual cannot be reasonably identified. Images, photos, videos showing an individual’s back and hair are permitted; but, nothing else should be visible. Photos, videos, and images submitted in connection with the #MyHCStyle Program may not reveal any part of the individual’s face or profile, including but not limited to eye(s), nose, or chin, and may not include any unique physical features, or text, that would be reasonably sufficient to identify an individual.

Stylists may also submit photos of themselves for the chance to be featured in the #MyHCStyle Program, subject to the rules and conditions set forth in these #MyHCStyle Terms. If you’re a stylist who submits a picture of yourself (or your minor child), by responding #YestoHC or a similar message, you provide written permission to HCFB, its affiliates, subsidiaries, agents, and partners, to share photos of your hair, face, likeness, name, screen name (or that of your child), and other potentially personally identifiable information that you provide, including on our Digital Platforms, on social media, and in printed form, for advertising, commercial, and other lawful purposes, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of that image, likeness, or information.

RULES FOR PARENTS WHO WANT TO FEATURE THEIR KIDS IN THE #MYHCSTYLE PROGRAM

Photos of children under the age of 16 should never be part of the #MyHCStyle Program. We don’t knowingly send messages requesting permission to use a picture in the #MyHCStyle Program if we think the person in the photo is a child under the age of 16. Do not reply #YestoHC if you receive a request for a photo of a child under the age of 16.

If you are the parent or legal guardian of a minor over the age of 16, and want the chance for your child’s photo to be featured in the #MyHCStyle Program, you may tag an eligible photo, as described above. Don’t use the Hair Cuttery® created hashtags #MyHCStyle or #YestoHC in connection with the picture of a minor who is not your child or legal guardian, even if that child is over the age of 16. If you receive a #MyHCStyle message regarding a photo of a child under the age of majority, you should not respond #YestoHC unless you are the parent or guardian of that child. If you respond #YestoHC with respect to a photograph of your child, you are promising that you are that child’s parent or legal guardian and that they are over the age of 16. By responding #YestoHC, you also provide HCFB with written consent to use that child’s image and likeness for commercial purposes, including print and digital advertising and on social media, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of their image and likeness.

Please notify us immediately if you believe that we have used a photo of a child under the age of 16 in the #MyHCStyle Program by emailing us at guestcare@haircuttery.com or by calling 877-319-3919.

YOU PROMISE THAT THE CONTENT YOU SUBMIT IS YOUR OWN

You hereby represent and warrant to us that you have all necessary rights (including copyrights, trademarks, rights of publicly, etc.) to grant us the license and rights you grant to us, including with respect to your User Content, image, likeness, and other information submitted in connection with the #MyHCStyle Program, whether by virtue of our Agreement or any additional rights granted through these #MyHCStyle Terms. If you believe any #MyHCStyle user or User Content has infringed any third party’s rights (including copyrights, trademarks or rights of publicity), please provide us with written notice in accordance with the DMCA notice procedure set forth in Terms of Service for the HCFB Digital Platforms.

WE CAN USE THE CONTENT YOU SUBMIT, BUT WE DON’T HAVE TO

The #MyHCStyle Terms do not grant us ownership of the User Content, personal information, or any image or likeness of you that you agree to include in the #MyHCStyle Program. However, you hereby grant to us an irrevocable, nonexclusive, perpetual, royalty-free, worldwide, transferable and sublicensable license and right to use your #MyHCStyle User Content, including any identifiable information, image, or likeness of you that you’ve agreed to include in the #MyHCStyle Program, on any of our websites, blogs, social media pages, the HC LookBook, and in our paid and unpaid digital or print advertisements. You further agree that we have the right, without limitation, to edit, stylize, crop, digitize or otherwise alter your #MyHCStyle User Content, including any image or likeness of you that you’ve agreed to include in the #MyHCStyle Program, and use the same in accordance with the rights you grant under the #MyHCStyle Terms, and that you will not be given the opportunity to review or approve such alterations.

You agree that you have received adequate consideration, including through the publicity of your #MyHCStyle User Content, including any image or likeness of you that you’ve agreed to include in the #MyHCStyle Program, in exchange for your agreement to these #MyHCStyle Terms. You also agree that we aren’t obligated to provide you with any attribution or credit when we use your #MyHCStyle User Content or any image or likeness of you that you’ve agreed to include in the #MyHCStyle Program, and will not be held liable for any failure to provide you with credit or for any errors in the same. You agree that nothing in these #MyHCStyle Terms obligates us to make any use of your #MyHCStyle User Content, or your image or likeness. We simply have the right to use it if we choose to do so.

HOW WE CHOOSE CONTENT

We choose photos, videos, and other User Content for the #MyHCStyle Program from social media platforms, such as Instagram and Twitter, and other social networks. In order to do this, we engage a limited number of service providers to help identify and collect User Content that mentions #MyHCStyle, @HairCuttery, @cibu, @Bubbles, or @HairCutteryFamilyofBrands, audit that User Content for quality, and filter out material that violates certain of our content guidelines (which are describe in the Terms of Service for the HCFB Digital Platforms). Our team then messages posters of the available User Content, as described above, asking to use their User Content, image or likeness (as applicable). Not all content submitted to the #MyHCStyle Program is chosen or featured. If the poster accepts and responds back with the hashtag #YestoHC, then we maintain the user content to use as part of the #MyHCStyle Program. If the poster doesn’t respond in 7 days, then the request is deemed denied. We may request again but will stop after two tries if we do not receive #YestoHC in response.

YOU CAN ASK USE TO STOP USING YOUR USER CONTENT OR LIKENESS

You can request that photos and other User Content be removed by emailing us at: guestcare@haircuttery.com. You must provide your name and social media handle associated with the photo and the specific posting or image that you would like removed. We will try to respond as quickly as possible.

PRIVACY

The personal information collected, processed and used as part of the #MyHCStyle Program will be used in accordance with our Privacy Notice, and the #MyHCStyle Terms do not limit any rights we already have under our Privacy Notice. In the event of a conflict between these #MyHCStyle Terms and our Privacy Notice, the #MyHCStyle Terms control. By participating in the #MyHCStyle Program, you agree to this. If you have any questions regarding privacy, please read our Privacy Policy.

THIRD-PARTIES

You acknowledge that when you submit content to Instagram, Twitter, or any other third-party website or service, your use of that website or social media service is governed by the terms and conditions and privacy policies of those sites (“Third-Party Terms”) which we do not control. You represent and warrant that your #MyHCStyle User Content, as well as any image or likeness of you that you’ve agreed to include in the #MyHCStyle Program, is not in violation of any third-party terms. You should familiarize yourself with those terms. Instagram’s terms are located at: www.instagram.com/about/legal/terms and www.instagram.com/about/legal/privacy. Twitter’s terms are located at: www.twitter.com/tos and www.twitter.com/privacy.

DISPUTE RESOLUTION

We want to try to sort out any disagreements without a formal legal proceeding or case. If a dispute arises between you and HCFB, you agree to first contact us by emailing llegal@haircuttery.com before filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, either of us may bring a formal proceeding.

Judicial Forum for Disputes. You and HCFB agree to submit to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia, USA, subject to the mandatory, individual arbitration provisions, below. Both you and HCFB consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.

Controlling Law. Any claim, dispute or matter arising under or in connection with #MyHCStyle Program or the Agreement (which includes the #MyHCStyle Terms, the Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and every other part of our Agreement) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.

CONSENT TO MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won’t file a lawsuit, have your dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). If you agree to arbitrate a dispute, you waive those rights; and, instead of being decided by a judge or jury in court, your dispute will be submitted to a neutral third person (an “arbitrator”) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this provision carefully. Unless you opt out, in accordance with our instructions, below, all disputes between you and HCFB shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into the #MyHCStyle Terms constitutes a waiver of your right to litigate claims in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.

We both agree to arbitrate our claims. You and HCFB agree to resolve any claims relating to or arising from the #MyHCStyle Program, the #MyHCStyle Terms, and every other part of our Agreement through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions to the agreement to arbitrate, which are described below. This includes, but is not limited to, disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the dispute can be arbitrated.

NO CLASS ACTIONS. You agree that you will only resolve disputes with us on an individual basis. You understand that accepting and agreeing to these #MyHCStyle Terms you and HCFB are each waiving the right to trial by jury or to bring or participate in a class action or class arbitration of claims relating to or arising out of the #MyHCStyle Terms, the #MyHCStyle Program, or any part of the Agreement. You are not allowed to bring or participate in class actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions against HCFB. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in our home county, in the Commonwealth of Virginia or another location to which we agree. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.

Arbitration costs and incentives. AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.

Arbitration award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Exceptions to the agreement to arbitrate. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of the #MyHCStyle Program or infringement on intellectual property rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in Fairfax County, Virginia.

You may opt out of this mandatory individual arbitration provision and class action waiver. If you do not want to agree to this mandatory individual arbitration provision, you can opt out by mailing written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with HCFB.

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands
c/o Legal Department
1640 Boro Place, 4th Floor
McLean, Virginia 22102

Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. For your opt out to be effective, you must mail us within thirty (30) days of signing up for an account with us or acknowledging that you have been notified of these #MyHCStyle Terms, whichever comes later. Any opt out request received after the deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Continuation. This provision shall survive the termination of the #MyHCStyle Terms, the #MyHCStyle Program, and your relationship with HCFB, our parents, subsidiaries, and affiliates.

Severability. If any part of the “Dispute resolution” or “Consent to mandatory individual arbitration and class action waiver” sections is found to be unenforceable, it will be severed, and the rest of this section will remain in full force except as follows. If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration provisions is null and void. Otherwise, the terms of this provision will survive termination of the #MyHCStyle Terms and the #MyHCStyle Program.

MISCELLANEOUS

Entire Agreement. The Agreement (which includes these #MyHCStyle Terms, Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) is the entire agreement between you and HCFB with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these #MyHCStyle Terms, the Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.

YOUR COMMENTS AND QUESTIONS

Please call our Guest and People Care Center at 877-319-3919 or contact us using the Contact Us methods available on our Digital Platforms if you have any questions, requests or comments.

© 2023 HC Salon Holdings, Inc. All Rights Reserved. All designs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.