Terms and Conditions

General Overview

These Terms & Conditions constitute a legally binding agreement made between you (“user” or “you”) and INLOVE Cosmetics, LLC and its affiliated companies (collectively, “we” or “us” or “our”), concerning your access to and use of the www.inlove-cosmetics.com website in addition to any other form of media related or connected thereto (collectively, the “Website”). We reserve the right to supplement these terms and conditions at any time and any additional terms posted to the Website are hereby expressly incorporated into these terms and conditions by reference.

INLOVE Cosmetics offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS HEREIN BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS AND CONDITIONS HEREIN, OR TO MODIFICATIONS THAT WE MAY MAKE TO THESE TERMS AND CONDITIONS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS OUR SERVICES OR THE WEBSITE.

Our products and services may not be used for any illegal or unauthorized purpose. If you choose to access the Website from other locations, you do so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Also, you must not transmit any codes or viruses that could have a detrimental effect including, but not limited to, corrupting our system or destroying data.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website, purchase products through the Website, or use other services made available through the Website.

A breach or violation of any of these terms and conditions will result in an immediate termination of your services.

Purchases and Payments

We bill you through an online billing account for purchases of products and/or services. You agree to pay all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize us to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes in pricing that we make even if we have already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by INLOVE Cosmetics. We may change prices at any time. All payments shall be in U.S. dollars.  We reserve the right to refuse service to anyone for any reason at any time.

Website Content

The content on the Website (“Website Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to INLOVE Cosmetics, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Website Content, includes, without limitation, all source code, databases, functions, software, website designs, audio, video, text, photographs and graphics. All of our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of INLOVE Cosmetics in the United States and/or other countries.

Website content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

INLOVE Cosmetics reserves the right, and has the sole discretion, without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to its systems.

Products and Services

We reserve the right, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and corresponding pricing are subject to change at any time without notice, at our the sole discretion. We reserve the right to discontinue any product at any time.

We have made every effort to display as accurately as possible the true image and colors of our products. We cannot guarantee that the Website displays of any products or services are completely accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Return Policy

Please review our Return Policy posted on our Website prior to making any purchases.

Social Media Guidelines

As part of the functionality of the Website, you may link your account with online accounts you may have with third-party service providers (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Website; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting INLOVE Cosmetics access to any Third-Party Accounts, you understand that (i) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) we may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your e-mail address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), we will deactivate the connection between the Website and your Third-Party Account and delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Third-Party Links

Content, products, and services available via our Website may include materials from Third-Party links.

Third-Party links on this Website may direct you to Third-Party Websites that we are not affiliated with. We are not responsible for examining or evaluating the content or accuracy of Third-Party materials or Websites no do we have any liability or responsibility for any other materials, products, or services of Third-Parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Websites. Please carefully review the Third-Party’s policies and practices and make sure that you understand the respective terms before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.

Submissions and Reviews

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”) provided by you to us are non-confidential and we (as well as any designee of INLOVE Cosmetics) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. We do not endorse reviews and reviews do not represent our views or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable license to us to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

Privacy Policy

We care about the privacy of our users. Please review our Privacy Policy. By using the Website or our services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or our services, you are consenting to the terms of our Privacy Policy.

Prohibited Activity

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, systems, services or of any related website (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Website services or any related website. We reserve the right to terminate your services for violating any of the prohibited uses.

Disclaimers and Limitations of Liability

If there is a dispute between users of the Website, or between users and any Third-Party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release INLOVE Cosmetics, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services and the terms and conditions herein.

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove the Website for indefinite periods of time or cancel services at any time, without providing notice.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided ‘As Is’ and ‘As Available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall INLOVE Cosmetics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products and services procured using the Website, or for any other claim related in any way to your use including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website of any products or service posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Binding Arbitration: If you and INLOVE Cosmetics are unable to resolve a dispute through informal negotiations, either you or INLOVE Cosmetics may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. To the extent permitted by law, you are responsible to pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Jefferson County, State of Alabama. Except as otherwise provided in this Agreement, you and INLOVE Cosmetics may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Restrictions: You and INLOVE Cosmetics agree that any arbitration shall be limited to the dispute between INLOVE Cosmetics and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration: You and INLOVE Cosmetics agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of any of your or INLOVE Cosmetics’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor INLOVE Cosmetics will elect to arbitrate any dispute falling within that portion of this Section found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and INLOVE Cosmetics agree to submit to the personal jurisdiction of that court.

Corrections

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

Indemnification

You agree to defend, indemnify and hold INLOVE Cosmetics, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any Third-Party due to or arising out of your contributed content, use of our products and services, and/or arising from a breach of the terms and conditions herein and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, INLOVE Cosmetics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify INLOVE Cosmetics, and you agree to cooperate, at your expense, with INLOVE Cosmetics’s defense of such claims. INLOVE Cosmetics will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Severability

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These terms and conditions are effective unless and until terminated by either you or INLOVE Cosmetics. You may terminate these terms of conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Miscellaneous

These terms and conditions constitute the entire agreement between you and INLOVE Cosmetics regarding the use of its products and services. The failure of INLOVE Cosmetics to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law. These terms and conditions and your account may not be assigned by you without our express written consent. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and INLOVE Cosmetics as a result of these terms and conditions or use of the Website and its services. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these terms and conditions. You agree that these terms and conditions will not be construed against INLOVE Cosmetics by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.

Contact

Questions about the terms and conditions herein should be sent to us at customerservice@inlove-cosmetics.com.

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