BARBERTIME MEMBERSHIP CLICK-ON SUBSCRIPTION AGREEMENT

This is The BarberTime Media Network Inc.’s (the “Provider”) full Membership Subscription Agreement (the “Agreement”). You may wish to print this Agreement for your reference. A link to this Agreement is provided on the Provider Web site at http://barbertime.com/barbertime-membership-subscription-agreement/so that you may review this Agreement at any time.

This Agreement sets forth the terms and conditions for your use of Provider’s services and your relationship with Provider. By clicking “I Agree” you certify that you have read, understand, and agree to be bound by the terms and conditions contained in this Agreement.

 

• “BarberTime Promotional Services” means products and services sold by Provider at http://barbertime.com/barbertime-promotional-services/.

• “Content” means all indexes, scans (including, but not limited to, scans of works in the public domain, and derivative works therefrom), text (including, but not limited to, typed text of work in the public domain and derivative works there from), graphics, photographs, animations, scripts, icons, audio, data, and all other non-Software components of the Services.

• “Members Central Page” means a web page within the Provider Website at http://barbertime.com/members-central/

• “Mogul Monitor”  means a multi-media platform used on HDMI devices, cellphones and tablets, invented and sold by Provider.

• “Network Partners” means businesses with which Provider has pre-arranged business arrangements. A full list of Network Partners can be found at http://barbertime.com/network-partners/.

• “Network Partners Deals” means promotion discounts offered by Network Partners for sale of certain of their products on Provider Website found at http://barbertime.com/network-partners/.

• “Provider Media Content” means all media content that are produced by Provider and posted on Provider Website.

• “Provider Website” means the Website, all subsequent pages made available by the Provider’s server located at [www.barbertime.com], and all pages made available by Provider on the Mogul Monitor.

• “Software” means all computer code (both source and object), applets, interfaces, commands, syntax, and expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content of the Services, whether created by Provider or licensed from third parties.

• “You” means you the user and the individual or individual representing a corporate entity executing this Agreement.

Provider shall provide to you one of three different packages, APPRENTICE, PROFESSIONAL, or SATELLITE (the “Services”). By selecting APPRENTICE, PROFESSIONAL, or SATELLITE, you agree to receive the corresponding services stated in Agreement and to be bound by the corresponding terms and conditions associated with each of the three packages contained in this Agreement.

• The APPRENTICE Package

• Detailed Services.

By selecting the APPRENTICE package, the Provider shall provide you with:

1. The right to access and use the Provider Website;
2. The right to access the Provider Media Content;
3. A discount of 10%-15% off of the price of products offered for sale by Network Partners as a part of Network Partners Deals on the Provider Website when you complete the purchase using links on the Provider Website, with the exact discount percentage for each product being the percentage number that each Network Partner states at any applicable time as a part of its Network Partners Deals on the Provider Website; and
4. A discount of 5% off of the price of products offered for sale by Provider as a part of BarberTime Promotional Services on the Provider Website when you complete the purchase using links on the Provider Website.

Membership shall start on the first day of the month following membership subscription registration.

The Services rendered to you under the APPRENTICE package are free of charge and you do not have to pay any amount of payment to Provider.

• The Satellite DYI Package

• Detailed Services.

By selecting the Satellite DYI package, the Provider shall provide you with:

1. The right to access and use the Provider Website;
2. The right to access the Provider Media Content;
3. A discount of 10%-15% off of the price of products offered for sale by Network Partners as a part of Network Partners Deals on the Provider Website when you complete the purchase using links on the Provider Website, with the exact discount percentage for each product being the percentage number that each Network Partner states at any applicable time as a part of its Network Partners Deals on the Provider Website;
4. A discount of 10% off of the price of products offered for sale by Provider as a part of BarberTime Promotional Services on the Provider Website when you complete the purchase using links on the Provider Website;
5. 10% of any non-refundable new membership subscription fees that Provider earned and received if the new member confirms in writing that you referred the new member to Provider. Any payment(s) due to you shall be made within 10 business days after any such amount payable to you exceeds $50.00;
6. 10% of any non-refundable revenue or fees earned and received by Provider from Network Partners if the Network Partner confirms in writing that you referred the Network Partner to Provider and if the Network Partner remains a Network Partner for at least 6 months. After the Network Partner has remained a Network Partner for 6 months, any payment(s) due to you shall be made within 10 business days after any such amount payable to you exceeds $50.00;
7. An announcement of your membership on the Provider Website; and
8. The right to post content on the Members Central Page of the Provider Website.

Membership shall start on the first day of the month following membership subscription registration.

As payment for the Services to be rendered by Provider under the Satellite DYI package, you shall pay to Provider through PayPal Subscriptions and Recurring Payments: (i) a one-time non-refundable setup fee of $59.00 at the time of membership subscription registration; and (ii) a monthly subscription fee of $9.99 to be paid before the Services are to be rendered for that month, i.e. to be paid by 11:59pm of the last day of the preceding month. Failure to make the payments described above may result in the immediate suspension of the provision of Services to you without notice. If the failure to make any payment described above is not cured within 60 days of the initial suspension, provision of Services to you may be terminated without further notice.

• The SATELLITE Package

• Detailed Services.

By selecting the SATELLITE package, the Provider shall provide you with:

1. The right to access and use the Provider Website;
2. The right to access the Provider Media Content;
3. A discount of 10%-15% off of the price of products offered for sale by Network Partners as a part of Network Partners Deals on the Provider Website when you complete the purchase using links on the Provider Website, with the exact discount percentage for each product being the percentage number that each Network Partner states at any applicable time as a part of its Network Partners Deals on the Provider Website;
4. A discount of 15% off of the price of products offered for sale by Provider as a part of BarberTime Promotional Services on the Provider Website when you complete the purchase using links on the Provider Website;
5. 15% of any non-refundable new membership subscription fees that Provider earned and received if the new member confirms in writing that you referred the new member to Provider. Any payment(s) due to you shall be made within 10 business days after any such amount(s) payable to you exceeds $50.00;
6. 15% of any non-refundable revenue or fees earned and received by Provider from Network Partners if the Network Partner confirms in writing that you referred the Network Partner to Provider and if the Network Partner remains a Network Partner for at least 6 months. After the Network Partner has remained a Network Partner for 6 months, any payment(s) to you shall be made within 10 business days after any such amount(s) payable to you exceeds $50.00;
7. An announcement of your membership on the Provider Website;
8. The right to post content on the Members Central Page of the Provider Website;
9. A fully functional Mogul Monitor loaned to you for use in conjunction with the Services rendered to you by Provider. The Mogul Monitor shall be delivered to you.

Membership shall start on the first day of the month following membership subscription registration or the successful delivery of the Mogul Monitor, whichever is later.

1. As payment for the Services to be rendered by Provider under the SATELLITE package, you shall pay to Provider through PayPal Subscriptions and Recurring Payments:
   1. at the time of membership subscription registration, a one-time nonrefundable setup fee of: $79.00 with a  SIX MONTH LOCK-IN option and agree to pay for the SATELLITE package for at least 6 consecutive months following registration
   2. a monthly subscription fee of $35 to be paid before the Services are to be rendered for that month, i.e. to be paid by 11:59pm of the last day of the preceding month.
2. Failure to make any payment described above shall result in the immediate suspension of the provision of Services to you without notice. If the failure to make the payment(s) described above is not cured within 60 days of the initial suspension, provision of Services to you will be terminated without notice.

3. License and Permitted Use

• Access to and use of the Services, including, but not limited to, the access to and use of the Provider Website and the Provider Media Content, shall be governed exclusively by the terms of this Agreement.

• The Services, including, but not limited to, the Provider Website and the Provider Media Content, is comprised of original works of authorship (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of Provider or its suppliers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws.

• To the extent that you receive Software from Provider, such Software is deemed part of the Services provided.

• You shall NOT, without the prior written consent of Provider:

(i) decompile, reverse-engineer, disassemble, or create derivative works from the Services, including, but not limited to, the Provider Website and the Provider Media Content;

(ii) remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark, and patent designations contained in the Services;

(iii) use the Services for any commercial, financial, or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale, or resale of the Services, including, but not limited to, the Provider Website and the Provider Media Content;

(iv) store the accessed, used, or downloaded the Services, including, but not limited to, the Provider Website and the Provider Media Content, in any electronic, magnetic, optical, or other format now known or hereinafter created for more than 3 days;

(v) assign, rent, lend, lease, sell, sub-license, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components, or create derivative works of the Services, including, but not limited to, the Provider Website and the Provider Media Content; or

(vi) remove, modify, hide, or otherwise make unreadable or non-viewable any notice, legend, advice, watermark, or other designation contained as part of the Services, including, but not limited to, the Provider Website and the Provider Media Content.

• The above provisions indicate what a user/customer can and cannot do with the Content and Software provided on the site. Basically, the customer can access the information but cannot change, reverse-engineer, remove or electronically store the Content and Software in any way.

• You shall not interrupt, or attempt to interrupt, the operation of the Provider Website in any way.

• The Provider Website may include technological protection measures that effectively control access, reproduction, or distribution of the Services. Any attempt to tamper or dismantle these protections is a breach of this Agreement and may be a violation of the Digital Millennium Copyright Act of 1998, and will subject the violator to civil and criminal penalties.

• Provider reserves the right to log off subscribers that are inactive for an extended period of time and/or log off subscribers that violate any provision of this Agreement.

• All downloading, printing, or other uses of the Services, including, but not limited to, the Provider Website and the Provider Media Content, in excess of that allowed under this Agreement requires PRIOR written permission from an executive officer of Provider, by contacting Provider at 877-427-1177; fax: [N/A]; or e-mail: info@barbertime.com.

• Provider Content used or referenced in any print or electronic media must be done in accordance with scholarly standards, and must provide for proper attribution to Provider.

• You may provide links to the Provider Website from locations outside the Provider Web site provided:

(i) you link only to the Provider’s home page located at [www.barbertime.com];

(ii) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other proprietary notices in the Provider Website;

(iii) you give Provider notice of such link by sending an e-mail message to [e-mail address of provider]; and

(iv) you agree to immediately discontinue providing links to the Provider Web site if requested to do so by Provider.

• Provider may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive as determined by Provider.

 

• Modifications to the Agreement.

Provider has the right to modify this Agreement and any policies affecting the Services provided. Any modification is effective immediately upon posting to the Provider Website or distribution via electronic mail or conventional mail. Your continued access and use of the Services following notice of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Provider in providing the Services, including, but not limited to: (i) any change in the Content; (ii) any change in the Services; or (iii) any change in the amount or type of fees associated with the Services, is to terminate your subscription in accordance with the provisions of this Agreement.

• Modifications to the Services.

Provider has the right to modify, suspend, or discontinue the Services or any part thereof at any time, including, but not limited to, the availability of any area of the Provider Web site and any of the Provider Media Content. Provider may also impose limits on certain features of the Services or restrict your access to parts or all of the Provider Website and Provider Media Content without notice or liability. Your continued access and use of the Services following notice of any modification(s) to the Services shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Provider in providing the Services, including, but not limited to: (i) any change in the Content; (ii) any change in the Services; or (iii) any change in the amount or type of fees associated with the Services, is to terminate your subscription in accordance with the provisions of this Agreement.

 

• Your Representations, Warranties and other Covenants.

You represent, warrant, and covenant that:

• You will use the Services in accordance with this Agreement;
• The information that you have provided to Provider is true and accurate;
• You shall at all times comply with all applicable laws, rules, and regulations with respect to your access and use of the Services;
• You shall not access or use the Services or any part thereof, including, but not limited to, any area of the Provider Web site and any of the Provider Media Content, to infringe, misappropriate, or violate the rights of Provider or third parties;
• You shall assume sole responsibility and liability for all content, material, and information posted by you on the Provider Website.
• You shall not knowingly or otherwise introduce to or through the Provider Website or the Provider Media Content any viruses or other items of a destructive nature; and
• You shall comply at all times with this Agreement, including any modifications to this Agreement in accordance with this Agreement.

• Disclaimer of Warranties.

The Services, including all content, software, and information made available or accessed by means thereof, is distributed on an “as is” basis. There are no warranties of any kind, either express or implied, including, but not limited to:

(1) warranties of title or implied warranties of merchantability or fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement;

(2) warranties that the functions contained in the Services, including, but not limited to, the Provider Website, and Provider Media Content, shall be uninterrupted, timely, secure, or error-free;

(3) warranties that the Services will meet your requirements;

(4) warranties that the Services defects shall be corrected;

(5) warranties that the Services, including, but not limited to, the Provider Website, and Provider Media Content, shall meet any particular criteria of performance or quality; and

(6) warranties that the Services, including, but not limited to, the Provider Website, servers on which the Provider Website operates, and Provider Media Content, are free of viruses or other harmful components.

To the maximum extent permitted under law the uniform commercial code and the uniform computer information transaction act shall not apply to this agreement.

• Content Disclaimer.

• Provider’s Website and Provider’s Media Content includes facts, views, opinions, and recommendations of individuals and organizations deemed to be of interest. Provider does not guarantee the accuracy, reliability, completeness, or timeliness of, or otherwise endorse, these views, opinions, or recommendations. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own risk.
• The Provider Website and Provider’s Media Content may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by Provider of any third-party site or any materials contained therein. Provider does not control and is not responsible for the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party sites.

 

• Limitations on Liability.

Provider shall have no liability with respect to its obligations under this Agreement or otherwise for exemplary, special, direct or indirect, incidental or punitive damages even if it has been advised of the possibility of such damages. In any event, the liability of Provider to you for any reason and upon any cause of action or claim of contract, tort, or otherwise, shall be limited to the amount paid by you to Provider under the specific part of the Services giving rise to such cause of action or claim. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, indemnification, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.

Subscriber agrees to indemnify, defend, and hold harmless Provider from and against any and all liability, loss, damage, expense, claims, or suites, and to pay all expenses, including reasonable attorneys’ fees, incurred by Provider in defense thereof, arising out of or related to (i) your use of and activity on Provider Website and Provider Media Content, including, without limitation, any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses, arising out of any third-party claims of defamation, illegality, or infringement of any patents, trade secrets, copyrights, trademarks, service marks, trade names, or similar proprietary rights alleged to have occurred with respect to such use and activity, (ii) all content, material, and information posted by you on the Provider Website, including, without limitation, any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses, arising out of any third-party claims of defamation, illegality, or infringement of any patents, trade secrets, copyrights, trademarks, service marks, trade names, or similar proprietary rights alleged to have occurred with respect to such postings.

7. Registration and Security.

 

• As part of the registration process, you shall select a password and a subscriber ID. You shall provide Provider with certain registration information, all of which must be accurate and updated as appropriate.

• You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID that Provider, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your subscription.

• You shall be responsible for maintaining the confidentiality of your password.

• You shall immediately notify Provider of any known or suspected unauthorized access(es) or use(s) of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

• You are responsible for all usage or activity with your subscription, including, but not limited to, access or use of your subscription by any third party authorized by you to access or use your subscription, subscriber ID, and password. You are also responsible for any and all unauthorized use of your subscription. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your subscription, at Provider’s sole discretion, and Provider may refer you to appropriate law-enforcement agencies.

8. Term and Termination.

• Your subscription shall continue until terminated by Provider or until you notify Provider in writing, either via mail, e-mail, or fax, of your decision to terminate your subscription.

• Termination by you shall take effect within 24 hours of receipt of your request for termination and Provider shall send you written confirmation thereof via mail, email or fax. Subscription fee for the month of termination shall not be refunded.

• Termination of Services shall include, but are not limited to, deletion of all content related to you on the Provider Website and the Provide Media Content.

• If any of these rules or any future changes are unacceptable to you, you may terminate your subscription in writing either via e-mail or regular mail. Your continued use of the Services now, or following the posting of notice of any changes in this agreement, shall indicate acceptance by you of such rules, changes, or modifications.

• Either You or Provider may terminate your subscription at any time. You understand and agree that termination of your subscription is your sole right and remedy with respect to any dispute with Provider. This includes, but is not limited to, any dispute related to, or arising out of: (i) any term of this Agreement or Provider’s enforcement or application of this Agreement; (ii) any policy or practice of Provider, including enforcement or application of these policies; (iii) the content available through Provider or any change in content provided through Provider; and (iv) Your access and us of the Services, including, but not limited to, the Provider Website and Provider Content.

• If Provider terminates this Agreement, Provider reserves the right to refuse to provide a subscription or any Services to you in the future.

9. Public Reference.

You shall not use or refer to any trademarks, service marks, logos, or other identifiers of Provider, or properties owned, controlled, licensed, or otherwise proprietary to Provider without the prior written consent of Provider. Any such permitted use of any trademarks, service marks, logos, or other identifiers shall inure to the benefit of Provider.

 

• Export Control Laws.

Software available on the Provider Web site or as part of the Services may contain technology that is subject to export controls. You agree not to transfer or export such Software from the United States, including providing such Software to any foreign person or entity in the United States.

You shall not assign your rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law, or otherwise, without the prior written consent of Provider and any attempt to do so shall be deemed null and void, and of no effect.

If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.

The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power, or privilege that it has or may have here-under operate as a waiver of any breach or default by the other party.

Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, 2 days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, (C) if by email transmission, upon electronic confirmation thereof, or (D) if by next-day delivery service, upon such delivery.

• Independent Contractor.

No party shall have the power to bind the other party, nor shall any party make any such representation to third parties. The parties’ relation to the other shall be that of an independent contractor solely responsible for the manner and means by which the duties here-under are carried out. No party shall be construed for any purpose to be an employee subject to the control and direction of the other party.

• Force Majeure.

If the performance of any part of this Agreement by the parties is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of nature, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes, provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement.

• Choice of Law.

This Agreement shall be governed by the internal laws of the State of Massachusetts without regard to the principles of conflicts of laws.

• Jurisdiction and Venue.

Any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of Massachusetts.

The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

10.11   Entire Agreement.

This Agreement and the attachments to it constitute the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.

By clicking “I Agree” You agree that you have read and understand this subscriber agreement and agree to be bound by the terms and conditions contained in this Agreement.

I AGREE

By clicking “I Do Not Agree” you will not have access to the provider Web site.

I DO NOT AGREE