Effective Date: May 20, 2024
Hey there, amazing! Welcome to BoothPass, brought to you by Hi-Demand Consulting, LLC (that's us!). We’re thrilled to have you here on BoothPass.me (collectively, the “Website”). We offer a range of services, data, information, tools, software, updates, and materials (altogether, the “Services”), and these goodies are yours to enjoy as long as you agree to and follow the terms laid out in this document (the “Agreement”). Some of our exclusive Services are reserved for beauty professionals (“Artists”) who sign up for an account and agree to our Artist Agreement. So, please read this Agreement carefully—it’s all about ensuring a smooth and fabulous experience for everyone. If you don’t agree, it’s best to step away from the Website and Services. And if you’re accepting this Agreement on behalf of a business or other legal entity, you confirm that you’ve got the authority to bind that entity to this Agreement.
Incorporated Terms
The following additional terms are part of this Agreement, just like they’re written right here:
- Privacy Policy
- Copyright Policy
- Complaint Policy
Important Notices
By using or visiting our Website, you confirm that you’ve read, understand, and agree to this Agreement, including our Privacy Policy. This Agreement and our Privacy Policy are subject to the European Union (“EU”) General Data Protection Regulation ("GDPR") and other privacy laws. Under GDPR, we’re a data “Controller” and you’re a “Data Subject” with specific rights over your “Personal Data,” and we’re committed to compliance with GDPR requirements.
We reserve the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any part of the Website or Services without notice. Changes take effect immediately upon posting on the Website. Please review this Agreement periodically to stay informed of any updates. Your continued use of the Website and Services means you accept these changes. If we update the Privacy Policy, we’ll notify you via email if you’ve provided it.
License
As long as you comply with all the terms of this Agreement (and any incorporated documents) and pay any applicable fees, we grant you a limited, revocable, non-assignable, non-transferable, non-sublicensable, non-exclusive license to use the Website and access the public Services. Any rights not explicitly granted are reserved by us.
You agree not to (i) copy or distribute any part of the Website or Services without our prior written authorization (except in your normal use of the Website), (ii) alter or modify any part of the Website or Services except as necessary for their intended use, and (iii) otherwise comply with this Agreement.
Restrictions
You agree not to violate any applicable law or regulation while using the Website or Services. You also agree not to distribute, upload, or publish through the Website or Services any content that:
- Is unlawful or encourages unlawful activities;
- Contains viruses or similar malicious software;
- Infringes on any intellectual property or privacy rights;
- Is false, inaccurate, fraudulent, or misleading;
- Is defamatory, obscene, inappropriate, harassing, threatening, or bullying.
Additionally, you agree not to:
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Website or Services;
- Interfere with the operation of the Website or Services;
- Transmit any harmful code or activity;
- Probe, scan, or test the vulnerability of the Website or Services;
- Impose an unreasonable load on our infrastructure;
- Collect email addresses or contact information of other users;
- Use automated means to scrape content from the Website or Services;
- Submit false or misleading information to the Website or Services;
- Register for more than one user account; or,
- Impersonate any person or business.
We reserve the right to review, edit, or remove any content on the Website or Services. You agree that we are not responsible for such content, and your reliance on any information is at your own risk.
You agree that you’re not licensed to access any part of the Website or Services that isn’t public or accessible to registered users, and you won’t attempt to bypass any security measures.
Eligibility
Some parts of the Website or Services may not be available to the general public, and we may have eligibility rules. We reserve the right to change these requirements at any time. You must be over 18 to register an account or use the Services. By registering or using the Services, you confirm you meet this age requirement. If you’re under 13, please don’t use the Website without parental consent. There are parental control tools available to limit access to harmful material online—check with your Internet service provider for more info.
Fees, Transactions, and Payments
Certain Website features or Services may require payment of fees (“Fees”). If you’re an Artist making bookings for Salon Space, you may need to provide payment information. We handle your information according to this Agreement and our Privacy Policy. Verification may be required before processing Transactions. You represent that you have the legal right to use any payment method you provide.
You might need to register your personal and financial information to access certain areas of the Website or Services. You agree to provide accurate information. We may refuse to process your Transactions if we suspect impersonation, intellectual property violations, offensive content, or other issues.
We may use a third-party payment processor (“Payment Processor”) to charge Fees. The Payment Processor’s terms apply in addition to this Agreement. You authorize us, through the Payment Processor, to charge your chosen payment method. Charges are due when payments are initiated, and your account is delinquent if payment fails.
We reserve the right to suspend or terminate your access to the Services if your payment method is declined. Delinquent accounts may incur interest and collection costs.
To cancel your account, do so through your account settings. Charges incurred before cancellation are non-refundable.
Credentials Security
To use certain functions of the Website or Services, we may ask for your login information (“Credentials”). You’re not obligated to provide Credentials, but if you do, you confirm they’re accurate and authorized. By providing Credentials, you agree we can store and use them as described in our Privacy Policy.
If you have an Artist account, keep your login details confidential and secure. You’re responsible for access to and use of your account. We assume instructions from your account are authorized. We’re not liable for unauthorized access and may disable accounts if we believe there’s been unauthorized access.
Submissions Made Available to Us
You’re not required to submit anything to us, and we don’t claim ownership of your Submissions. However, to provide the Services, we need permission to process, display, and use your Submissions. By submitting content, you grant us a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, worldwide, royalty-free license to use your Submissions. Personal data will only be used to provide the Services.
You warrant that your Submissions don’t violate any third-party rights and are accurate. We’re not obligated to maintain any Submissions and may remove them at any time.
Information Shared Through the Services
By sharing information on the Website or Services, you may reveal personal or business details. You’re responsible for the impact of sharing such information, and we’re not liable for the consequences.
Links to Third-Party Websites
For your convenience, the Website contains links to third-party websites. These websites are independent of us, and we make no representations about their content or practices. Your use of third-party websites is at your own risk, and you should read their privacy policies and terms.
Our Intellectual Property
Our graphics, logos, designs, and service names are our trademarks and trade dress. The Website’s look and feel are protected by U.S. copyright and trademark laws. You may not use our trademarks without permission.
The software used to provide the Services, along with any updates, is our property or our licensors’. This Agreement gives you limited use rights and does not convey ownership. Delete any software copies if you stop using the Services.
Term and Termination
This Agreement continues until terminated. We can terminate this Agreement and your access to the Website or Services at any time. Rights related to Submissions and representations, warranties, and indemnifications survive termination.
Disclaimers and Limitation on Liability
We don’t guarantee error-free or uninterrupted access to the Services. We may modify or discontinue the Services without notice. We don’t guarantee the results of using the Services.
Data displayed by the Services may rely on third-party sources and may not be real-time or accurate. We’re not responsible for typographical errors or inaccuracies.
The materials on the Website are not legal, financial, or professional advice. Seek professional counsel before acting on any information.
The Website and Services are provided “as is” without warranties. We disclaim all warranties, including those of title, accuracy, suitability, and non-infringement. Your use of the Website and Services is at your own risk.
To the maximum extent permitted by law, we and our affiliates are not liable for any damages related to the Services. If any disclaimers are unenforceable, our liability is limited to the greater of the fees you’ve paid in the last 12 months or $100.
Indemnification
You agree to defend, indemnify, and hold us harmless from any claims or damages arising from your use of the Website or Services, your violation of this Agreement, or any third-party rights. This obligation survives termination of the Agreement.
Disputes, Governing Law, and Jurisdiction
Any dispute arising from the Website or Services will be resolved by binding arbitration, except for small claims. The Federal Arbitration Act applies. Arbitration will be conducted by the American Arbitration Association. Disputes will be resolved individually, not as part of a class action. Arbitration will take place in New York, New York.
General
If any part of this Agreement is unlawful, void, or unenforceable, the rest remains in effect. This Agreement may only be revised by us. No joint venture, partnership, employment, or agency relationship is created by this Agreement. We can assign our rights, but you cannot without our consent. Our failure to enforce any provision doesn’t waive future enforcement. This Agreement, including incorporated documents, is the entire agreement between us.
Notices
All notices to us must be in writing and sent to: BoothPass, Attn: Dharmendra Manwani.
Copyright Policy
If you believe materials on the Website infringe your copyright, contact our DMCA Copyright Agent with the required information. For questions or complaints, contact our DMCA Copyright Agent at the address above.
Complaint Policy for Infringement of Other Rights
If you believe materials on the Website infringe your rights, contact us with the required information. We’ll evaluate and take appropriate action.
Copyright © BoothPass. All rights reserved. The Website is protected by U.S. and international copyright, trademark, and other laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.