Terms of Use

Welcome to Lilah Beauty

These are the terms and conditions (“Terms of Use”) for your use of services or features on lilahbeauty.com (the Site) owned and controlled by Lilah Beauty, Inc. You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. By using the Site, you signify your agreement to these Terms of Use and our Privacy Policy (below), whether or not you have read them. If you do not agree with any of these, you should not use our Site.

Lilah Beauty, Inc. reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

Use of the Site

You may use the Site only for your own noncommercial personal use and in compliance with these Terms of Use. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Lilah Beauty, Inc. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Lilah Beauty, Inc. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

You may not:
• Post, communicate or transmit any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
• Post any information which is untrue, inaccurate or not your own;
• Engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; and
• Attempt to interfere in any way with the Site’s or Lilah Beauty, Inc.’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

The Site is available to registered and unregistered users who are 13 years old and older and who have not been suspended or removed by Lilah Beauty, Inc. for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms of Use or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. Use of the Site is void where prohibited by law.

Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and/or reward programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is the property of Lilah Beauty, Inc. The compilation (the collection, arrangement and assembly) of all content on the Site is the exclusive property of Lilah Beauty, Inc. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with Lilah Beauty, Inc., or using the Site as a shopping resource. Any other use of materials on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Lilah Beauty, Inc. is strictly prohibited.

Trademarks

Lilahbeauty.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Lilah Beauty, Inc. and may not be used in connection with any product or service that is not offered by Lilah Beauty, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lilah Beauty, Inc. Any other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Product information

All prices displayed on the Site are quoted in U.S. Dollars. If any minor uses any goods or product from Lilah Beauty, Inc. it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lilah Beauty, Inc.

All material and information presented by Lilah Beauty, Inc. is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: The Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

The products available on the Site, including any samples Lilah Beauty, Inc. may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Lilah Beauty, Inc. Lilah Beauty, Inc. reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Lilah Beauty, Inc. in its sole discretion.

Color information

While Lilah Beauty, Inc. has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Your use of content on the site and limitation of liability

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Lilah Beauty, Inc. reserves all rights not expressly granted in and to the Content.

Third party content and third party site

Lilah Beauty, Inc. may provide content of third parties (“Third Party Content”) or links to Third Party Site as a service to those interested in this information. Lilah Beauty, Inc. does not monitor, approve or have any control over any Third Party Content or the Third Party Site and the inclusion of links to Third Party Content or Third Party Site does not imply any association or relationship between Lilah Beauty, Inc. and such third party. Lilah Beauty, Inc. does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site.

Your Content

Lilah Beauty, Inc. will consider any thing you provide to Lilah Beauty, Inc. and/or any contribution to the Site as available for our use free of any obligations to you, except where solicited invited submissions are expressly governed by additional terms appearing elsewhere on this Site, in which case those additional terms will determine how we treat your invited submission.

Subject to the provisions of any additional terms, by posting or uploading any content to the Site and/or providing any communication or material to Lilah Beauty, Inc. (“User Content”), you automatically and irrevocably: (a) grant and assign Lilah Beauty, Inc. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Lilah Beauty, Inc. and/or by any person authorized by Lilah Beauty, Inc., by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible into perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted ; (c) appoint Lilah Beauty, Inc. as you agent with full power to enter into any document and/or do any act Lilah Beauty, Inc. may consider appropriate to confirm the grant and assignment ; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (c) confirm that no such User Content will be subject to any obligation to you or any other person and that Lilah Beauty, Inc. shall not be liable for any use or disclosure of such User Content.

Mobile services

If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

Disclaimer

LILAH BEAUTY, INC. IS PROVIDING THE SITE AND THEIR CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LILAH BEAUTY, INC. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LILAH BEAUTY, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Lilah Beauty, Inc. also does not make any representations or warranties that (a) the Site or its content will meet your requirements or expectations; (b) the operation of the Site will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

LILAH BEAUTY, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable at your local sales tax rate.

Indemnification

You agree to defend, indemnify and hold harmless Lilah Beauty, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Applicable law

The Site and Interactive Services are created and controlled by Lilah Beauty, Inc. in the State of California, U.S.A. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Lilah Beauty, Inc. reserves the right to make changes to its Web Site and these Terms of Use at any time.

Our Address

Lilah Beauty, Inc.
1750 Bridgeway, Suite A200,

Sausalito, CA 94965
Email: info@lilahbeauty.com

DMCA

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Lilah Beauty, Inc. the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Site;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your name, address, telephone number and email address (if available); and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Fraud protection program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

General

With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of California, as if the Terms of Use were a contract wholly entered into and wholly performed within California. To the extent permitted by applicable laws, you agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

The failure of Lilah Beauty, Inc. to partially or fully exercise any rights or the waiver of Lilah Beauty, Inc. of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Lilah Beauty, Inc. or be deemed a waiver by Lilah Beauty, Inc. of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Lilah Beauty, Inc. under these Terms and any other applicable agreement between you and Lilah Beauty, Inc. shall be cumulative, and the exercise of any such right or remedy shall not limit Lilah Beauty, Inc.’s right to exercise any other right or remedy.


PRIVACY POLICY

Lilah Beauty, Inc. is committed to protecting your privacy.

What our privacy policy covers

This Privacy Policy covers any personal information that Lilah Beauty, Inc. obtains from you when you use services or features of Lilah Beauty, Inc. when visiting www.lilahbeauty.com (the “Site”). You may be accessing our Site from a computer or mobile phone device (through an iPhone or iPad application, for example) and this policy governs your use of our Site regardless of the means of access. We also like to interact with you on third party Sites where we post content or invite your feedback, such as www.facebook.com, www.twitter.com, www.instagram.com, www.pinterest.com, www.plus.google.com (“Third Party Site”). Except as otherwise described below, this policy does not cover the privacy practices of those Third Party Sites, or companies that Lilah Beauty, Inc. does not own or control, or the actions of people that Lilah Beauty, Inc. does not employ or manage. You should check the privacy policies of those third parties when providing personally identifiable information through Third Party Site.

Our Privacy Policy may change in the future. We invite you to check back periodically to see if we have made any changes. If we make any material changes, we will obtain your consent if the material changes affect the way we use the personally identifiable information we have already collected from you. By using the Site, you agree to the terms of our Privacy Policy. If you do not like the terms of our Privacy Policy, you should not use our Site. For more information about the terms of use for this Site, please visit Terms & Conditions page.

Personal information

Depending on how you use Lilah Beauty, Inc., we may ask you to share personal information with us. Whether you choose to give Lilah Beauty, Inc. information is completely up to you, but keep in mind that if you withhold information, you may not be able to use some of our services.

Becoming a registered user of Lilahbeauty.com

In order to become a registered user of Lilahbeauty.com, you need to share some personal information, such as your name and e-mail address. You do not have to be a registered user to visit the Site. Once you register, you will have an account with Lilah Beauty, Inc. and a password to access that account. You may never use another person’s account without permission and you may not use anyone else’s password. You should keep your registration current and complete. You are responsible for maintaining the confidentiality of your account and password. Please also let us know if there is any unauthorized use of your account or password. We recommend that you always log out from your account at the end of a session with us to prevent other people from accessing your account without your permission.

Making a purchase on Lilahbeauty.com

When you buy something on Lilahbeauty.com, you have to supply a billing address, phone number, shipping address, and credit card information. By making a purchase, you become a registered user of Lilahbeauty.com.com. You can choose to store information needed to make a purchase, such as your credit card number, shipping and billing addresses on the Site. If you change your mind about storing this information, you can amend or delete it by going to the relevant area of the Site and following the instructions. You can access this section using your registration password.

Product availability notifications

If a product that you want to purchase at Lilahbeauty.com is not in stock, you can choose to provide us your e-mail address so that we can notify you when the product becomes available again. You do not need to be a registered user to receive a product availability notification.

Public information

Please note that if you choose to share information about yourself in an open format, such as through a Third Party Site like Facebook or Twitter, we consider that information to be public information – and not personal information.

How Lilah Beauty, Inc. protects your information

We realize that our customers trust us to protect their personal information. We take that task seriously. We maintain physical, electronic and procedural safeguards to protect your personal information. For example:

We use industry-standard Secure Sockets Layer (“SSL”) authentication to guarantee the confidentiality of online transactions made on our Site. SSL authentication and encryption of the information that you send to us over the Internet help protect your online transaction information from third party interception.

  • We never display your full credit card number once it has been entered. We will only reveal the last four digits of your credit card for verification purposes.
  • We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail.

Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. For example, we cannot ensure the security of your data during transmission to us or the security of your data on an iPhone (or other telephone device that can use iPhone applications) or on your Twitter page or on another computer. This reality is true of all Internet or data transmission use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.

How Lilah Beauty, Inc. uses your personal information

Lilah Beauty, Inc. collects personal information primarily to make our services more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers’ preferences. We may also use your information to track your purchase history and to contact you for account and promotional purposes.

Lilah Beauty, Inc. reserves the right to and may disclose personal information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper. Please also note that we do reserve the right to transfer your personal information and other information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such a circumstance the acquirer would be bound by the terms of this Privacy Policy. We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

How to avoid receiving Lilah Beauty, Inc. materials

We may use e-mail addresses and mailing addresses to send out newsletters and other announcements with information about Lilah Beauty, Inc.’s new products, gifts and special features. After you become a registered user of lilahbeauty.com, you can choose not to receive these announcements by opting-out of delivery. If you receive an e-mail and want to avoid further messages, look at the end of the e-mail for instructions on how to remove yourself from the mailing list.

Who views your personal information

Lilah Beauty, Inc. may share your personal information with companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service. They have access to personal information needed to perform their functions, but may not disclose your personally identifiable information for other purposes. Some personal information is stored on servers owned by other companies. Except as otherwise described below, only Lilah Beauty, Inc. has the right to access this information. Personal information may be disclosed if required by law. Lilah Beauty, Inc. does not sell or license personal information. Before selling or licensing your personal information, we will post a notice in this Privacy Policy.

Cookies and tracking

We like to personalize your browsing and shopping experience at Lilahbeauty.com, and we have a variety of ways of doing this. We collect information about how you use our Site by setting and accessing cookies on your computer. A cookie is a small data file that identifies the web browser on a particular computer. No personal information is stored in the cookie itself. When you visit one of our Site, a cookie will be sent to your browser and then stored on your computer’s hard drive. We use these cookies to track information about how often you visit our web Site, what pages you view, and where you go after you leave the Site. We also link the visitor ID from your cookie to a user ID in our database to help us analyze web traffic and statistics. Other companies help us with data research and analysis, but they are prohibited from using that data for any other purpose. Cookies also help us improve your shopping experience by, among other things, keeping track of your preferences, recognizing you if you are a registered user, and tracking your order as you shop on Lilahbeauty.com. If any of your personal information needs to be accessed during that process, you will have to log in or otherwise authenticate yourself. If you don’t like cookies, you can set your browser to reject cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. For instructions, look at your browser’s Help menu.

Children under 13

We comply with the Children’s Online Privacy Protection Act of 1998. If you are under the age of 13, you can look at our Site, but you cannot make a purchase. You also cannot become a registered user, or use any service on our Site that asks for personal information. Our Site is not designed for children. We do not wish to collect personal information from children under 13. If you register with us, and we discover that you are under 13, we will delete such registration. If you are under 13 and want to make a purchase, please ask a parent to place the order for you.

Enforcement and Dispute Resolution

Lilah Beauty, Inc. uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with applicable laws. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information in accordance with applicable laws and policies.

Questions About This Policy

If you have any questions about this Privacy Policy, please contact us at info@lilahbeauty.com.