Legal
The HD BROWS Image Bank and HD BROWS Logos are made available exclusively to HD BROWS Technicians in possession of a valid HD BROWS Certificate of achievement delivered by HD BROWS Ltd (hereafter called – User, the User, a User) via URL www.hdbrows.co.uk.
In order to access the HD BROWS Image Bank (hereafter the Image Bank) the User has to pay an annual subscription fee in exchange for which the User receives a personal access password.
The User can then download images from the Image Bank for the sole purpose of:
- Advertising, selling, promoting and marketing the Users HD Brow services.
Any other use is strictly prohibited. Apart from this right of use, all intellectual property rights of the images on the Image Bank remain with HD BROWS Ltd.
The right to access the Image Bank and the use of the HD BROWS Logo is strictly personal, based on the HD Brow certificate of Achievement and can not be transferred in any way to a third person. As example but without limitation you may therefore not provide a copy of the image(s) or part of an image(s) to anyone or allow anyone to gain access to the image(s) that isn’t a User and hasn’t paid the annual subscription fee.
In case a Beauty Salon, has paid for its employees to be trained as HD Brow Technicians and pays the Image Bank subscription fee, it has been informed that the use of the Image Bank and the HD BROWS Logo is only allowed as long as the employee/employees trained as HD BROWS Technicians remain in the salons employment and these technicians are the only persons in the salon to perform HD BROWS treatments.
The User expressly accepts to use the images of the Image Bank in compliance with the present terms and conditions as well as in compliance with any further terms, conditions and instructions HD BROWS Ltd might provide in the future via URL, in writing or otherwise.
The User is only permitted to use the Images of the Image Bank as they are provided by the Image Bank. Any alteration or addition to the Images, their Content, Colouring, Logo, and banners are strictly prohibited. Therefore, as an example and without this list being exhaustive, cropping, distorting, airbrushing adding/removing of Slogans and Logos or adding different Slogans or Logos are completely prohibited.
The only authorised change to the Images of the Image Bank is the increase or the reduction of the size of the image as long as it doesn’t provoke a distortion of the said Image.
HD BROWS Ltd is at all times authorised, for any reason, to block the User from, or deny the User access to the Image Bank, and/or to terminate the right of use. In case of blocking or denial of access and/or termination of the right of use, the User is no longer permitted to make use of the Image Bank, URL www.hdbrows.co.uk, the HD BROWS Logo and all previously downloaded images from the Image Bank. The User expressly agrees to cease using the image(s) and HD Brow Logos along with any copies or accompanying materials thereof and to promptly return to HD Brows Ltd, or certify the destruction and/or deletion of, all the image(s) along with any copies or archives of the image(s) and/or accompanying materials.
Blocking and/or denial of access to the Image Bank and use of the HD BROWS Logo will result automatically:
- In case the users certificate is revoked for any reason
- In case of the non payment of the annual subscription fee.
- In case of transfer, or attempted transfer of the right of use.
- In case of any misuse of the Images from the Image Bank or of the HD Brow Logo
- In Case of non-compliance to the present terms and conditions or any further terms, conditions and instructions HD BROWS Ltd has provided to the User in writing or otherwise.
- In case of the suspicion of non-compliance to the present terms and conditions or any further terms, conditions and instructions HD BROWS Ltd has provided to the User in writing or otherwise.
- In case of a Salon who no longer employs any Technician with a valid HD BROWS Certificate of Achievement, or a Salon who allows Technicians who don’t have the HD BROWS Certificate of Achievement to perform HD Brow treatments.
HD BROWS reserves all rights of further legal action as deemed appropriate in those cases.
The User and/or the salon or third parties may derive no rights from nor base any claim on the Image Bank and/or images and is/are responsible to indemnify HD BROWS Ltd for any damage caused.
If image(s) of the Image Bank have releases HD Brows Ltd gives no warranties or representations as to the accuracy of any information contained in such releases or any signatures thereon.
HD Brows Ltd gives no warranties or representations with regard to registered or copyrighted designs or artistic works featured in any image(s).
This Agreement sets out the full extent of the Image Banks obligations and liabilities in respect of the supply of the image(s). All conditions, warranties or other terms concerning the supply, purported supply or non-supply of the image(s) which might otherwise be implied into this Agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
The Image Bank shall not be liable to the User for any damage to the software, damage to or loss of data, loss or profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
You agree to indemnify the Image Bank and/or HD Brows Ltd from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation any direct or indirect consequential losses, loss of profit and loss of reputation, and all interests, penalties and legal and other professional costs and expenses) arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
Any failure by the Image Bank and/or HD Brows Ltd to exercise or any delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of any right or remedy or a waiver of other rights or remedies.
A waiver by the Image Bank and/or HD Brows Ltd of a breach of any of the terms of this Agreement or a default under this Agreement does not constitute a waiver of any other breach or default and shall not affect the other terms of this Agreement.
The rights and remedies provided by this Agreement are cumulative and (subject as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided by law.
You confirm that you have read and agree to be bound by the terms of this Agreement and any other Agreements, which may be incorporated by reference herein to the extent of their incorporation in this Agreement.
If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intentions of the parties.
This Agreement shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
It will be necessary from time to time to update and revise these Terms and Conditions and it is advisable for you to occasionally check the correspondent page on the website of the Image Bank so you can familiarise yourself with any new information relevant to you.