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Terms and Conditions

Revised: January 2021

Terms + Conditions

This web site (“Site”) is owned by LALICIOUS LLC (“LALICIOUS”), and your access to and use of the Site is subject to the terms set forth herein (the “Terms”). LALICIOUS may revise these Terms at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the most current version of these Terms. By accessing and browsing the Site, you signify your acceptance of the most current version of these Terms. If you do not agree to these Terms, you should not use the Site.
Please note that we sometimes provide access from this site to other web sites, but we do not endorse or approve any products or information that may be offered at any site that you may reach from our site. Please check the Uniform Resource Locator (“URL”) that appears in your web browser to see if you are still at the site operated by LALICIOUS or have moved to another site. Please also refer to the LALICIOUS Online Privacy Policy page for more information.

 

INTELLECTUAL PROPERTY

Content on this Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks (including the LALICIOUS {R} brand), logos, product names, slogans, and any compilations of the foregoing is the property of LALICIOUS or its licensors (“Site Content”), and is protected by United States and international copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the Site Content, whether in electronic or hard copy form, without the express prior written permission of LALICIOUS.

Any unauthorized use of the Site Content may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Sites you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites. You agree not to display or use any Content or third party content located on the Sites in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits LALICIOUS and/or its licensors, that dilutes the strength of LALICIOUS or its licensor’s property, or that otherwise infringes LALICIOUS or its licensor’s intellectual property rights.

 

NO WARRANTY/LIMITATION OF LIABILITY

Any materials that you may purchase from this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the LALICIOUS Company disclaims all warranties, whether express or implied, with respect to such materials, including without limitation the implied warranties of merchantability and fitness for any particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Neither LALICIOUS nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

PURCHASES ON THE SITE

Some areas of our Site may allow you to purchase product. These areas may be operated on our behalf by third parties, and additional terms and conditions may apply to your purchase of our product. Please also note that quantities of merchandise available for sale from this site are limited, so merchandise may become sold out. If this shall occur, LALICIOUS will promptly refund any payment, which it may have received for merchandise that it is unable to deliver on a timely basis, or shall otherwise comply with the terms applicable to any purchase you make on our Site.

 

LINKS TO THIRD-PARTY WEB SITES

We may provide hyperlinks to third-party web sites as a convenience to users of the Site. We do not control such third-party web sites and are not responsible for the contents their web sites. We do not endorse, recommend or approve any third-party web site hyperlinked from the Site. You understand and agree that we will have no liability to any entity for the content or use of the content available through such hyperlink.

 

FEEDBACK AND IDEAS

From time to time, LALICIOUS may ask that you transmit to the Site by electronic mail your feedback on LALICIOUS’s products and/or services. Any communication or material you transmit or post will be treated as non-confidential and non-proprietary, and will become the property of LALICIOUS and LALICIOUS shall exclusively now and hereinafter own all rights, title and interest therein, and as such, shall be used without restriction by LALICIOUS or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. You understand and agree that LALICIOUS shall be under no obligation to respond to any such communication you may send to LALICIOUS.

Notwithstanding the foregoing, LALICIOUS maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Idea Submissions”), and therefore, you should not make any Idea Submissions to LALICIOUS in any communications through this Site or otherwise. Nonetheless, if you do send us an Idea Submission, despite our request not to do so, then such Idea Submission shall immediately become the property of LALICIOUS and LALICIOUS shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, LALICIOUS shall be free to use any Idea Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. LALICIOUS shall not be liable for such use or disclosure of such Idea Submission or for any similarities in the Idea Submission and any future LALICIOUS uses or activities.

 

INTERACTIVE FEATURES

From time to time, LALICIOUS may offer on the Site interactive features that allow you to provide us with content, which content may be viewable by yourself and third parties, and LALICIOUS may allow you additional opportunities to interact with third parties. On any such areas that we offer on the Site, you agree that you will not (a) share or transfer your account with any other party, temporarily or permanently (and you understand that you bear sole responsibility for all use of your account and for the confidentiality of your password); (b) upload, provide or post anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing (including infringing on the third party intellectual property rights of others) pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate; (c) include any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (d) impersonate any person or organization, including without limitation, the personnel of LALICIOUS, nor misrepresent an affiliation with another person or organization; (e) include any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service; or (f) include, upload or post any software, files or links to other sites, viruses, corrupted files, or any other similar software or programs that may adversely affect or undermine the operation of LALICIOUS’s system or a third party’s computer.

LALICIOUS may terminate your account or your access to the Site if we believe, using our sole discretion, that you have violated these Terms or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Terms, the law, or are otherwise inappropriate. LALICIOUS does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.

By using this Site, you understand and acknowledge that messages and postings are the sole responsibility of the author, and that LALICIOUS is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature (“User Submitted Content”). Opinions expressed in User Submitted Content do not necessarily reflect the opinions of LALICIOUS. If you believe that someone has posted User Submitted Content in violation of these Terms, please email customerservice@LALICIOUS.com. LALICIOUS may, but typically will not, acknowledge receipt of your complaint. You agree that LALICIOUS cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site. For more information on submitting complaints, please contact customerservice@LALICIOUS.com.

 

RATINGS & REVIEWS

These Terms & Conditions of Use (“Terms”) govern your conduct associated with the Customer Ratings and Reviews service and related features (collectively, “RR Service(s)”) offered by LALICIOUS LLC. To the extent of any conflict between these Terms and the LALICIOUS Privacy Policy, these Terms shall control only with respect to the RR Services.

By submitting any content to LALICIOUS, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • you are not an employee or vendor of LALICIOUS
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 18 years old; and that use of the content you supply does not violate these Terms and will not cause harm or injury to any person or entity.

You further represent and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libelous, harmful, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold LALICIOUS (and its officers, directors, agents, parent, subsidiaries, affiliates, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant LALICIOUS a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at LALICIOUS’S sole discretion. LALICIOUS reserves the right to change, condense or delete any content on LALICIOUS’S website that LALICIOUS deems, in its sole discretion, to violate the Review Guidelines, any other provision of these Terms, Privacy Policy or the Legal Notices published on LALICIOUS.com. LALICIOUS does not guarantee that you will have any recourse through LALICIOUS to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to seven business days. However, LALICIOUS reserves the right to remove or to refuse to post any submission for any reason, including without limitation, failure to comply with these Terms and/or the Review Guidelines. You acknowledge that you, not LALICIOUS, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of LALICIOUS, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with any RR Service, you agree that LALICIOUS and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

 

CHILDREN

This Site is not intended for, nor does LALICIOUS believe it is appealing to, children under the age of 13. LALICIOUS does not knowingly collect information from children under 13. Parents, to learn more about how to protect your children online, please visithttp://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless LALICIOUS and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against LALICIOUS or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.

 

GOVERNING LAW AND JURISDICTION

This Agreement will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in California. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

CHANGES TO THESE TERMS OF USE

LALICIOUS shall have the right at any time to change the terms of these Terms, or change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.

 

NO PARTNERSHIP

Both you and LALICIOUS acknowledge and agree that no partnership is formed and neither of you nor LALICIOUS has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and LALICIOUS, and is accepted by you upon your use of the Site. These Terms constitutes the entire agreement between you and LALICIOUS regarding the use of the Site.

 

NO WAIVER

The failure of LALICIOUS to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of LALICIOUS, shall not be deemed a breach of these Terms. If LALICIOUS fails to act with respect to your breach or anyone else’s breach on any occasion, LALICIOUS is not waiving its right to act with respect to future or similar breaches. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

 

HEADINGS

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.

 

BINDING AGREEMENT

These Terms constitute a binding agreement between you and LALICIOUS, and constitute the entire agreement with respect to your use of this Site. By using the Site, you are deemed to have accepted these Terms, and to agree to adhere to the provisions herein.