Introduction

Last Updated (21 Aug, 2020)

Lavish Legacy (“Lavish Legacy”, “we”, “us” or “our”) is the operator of the www.lavishlegacy.com website (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Lavish Legacy (the “Products”).

By purchasing something from us or simply visiting our Website, you are engaging in our “Service” and you agree to be bound by the terms and policies as described in this Terms of Use. These Terms of Use apply to all users of the Website, including without limitation, users who are visitors, browsers, customers, and/or contributors of content (collectively called the “Users”).

Please read these terms carefully before accessing our website. The use of this website indicates your acceptance of these terms. By accessing our website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions contained in this agreement, then you must stop using this Website.

We reserve the right to modify, update, or otherwise alter these terms without prior notice. We will notify you of any updates by updating the “Last Updated” date which can be found at the top of the page. You are advised to occasionally review these terms and conditions. Any access or use of the Services after the changes go into effect shall be deemed your agreement to the revised Terms.

Disclaimer

If you are allergic to lash materials including but not limited to 100% real mink lashes, human hair, or any other eyelash material, please do not use our products.

License and Access

Subject to your complete compliance with these Terms of Use, Lavish Legacy grants you

  • limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and make personal, non-commercial use of Lavish Legacy Services. The license to access Lavish Legacy is solely for shopping for items for personal use and not for any commercial use or use on behalf of any third party unless as explicitly permitted by us in our sole discretion. The license granted herein does not include any commercial use or resale of Lavish Legacy Services or its contents; copyrights, trademarks, logos, designs, texts, materials, images, descriptions; any copying, downloading, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or other similar data mining tools. Lavish Legacy reserves the right to, at any time and without prior notice, terminate or suspend this license, terminate accounts, and/or cancel orders in our sole discretion for any reason including but not limited to if we believe that your actions violate these terms and conditions stated in these Terms of Use, is harmful to our interests, or applicable law.

User Obligations

By agreeing to these Terms of Use and making use of this Website, you represent that you are at least eighteen (18) years old or the legal age of majority in your state or province of residence, whichever is greater. You also agree to abide by all applicable laws with respect to your use of the Website. You also represent that at all times and in all conditions, all information you submit to Lavish Legacy through the Website shall be true, accurate, current, and complete. If you register for an account on the Website, you may be required to attach a unique email and password to the account by Lavish Legacy.

You are solely responsible for any activity that takes place on your account and you must keep your password secure at all times. We strongly advise you to use “strong” passwords (passwords containing a combination of upper and lower case letters, symbols, and numbers) when creating an account.

Products or Services (if applicable)

We have made every effort to display and describe as accurately as possible the colors, sizes, and images of our products that appear at the store. We do not guarantee that the monitor display of your computer will accurately display the colors of the products listed on the Website.

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. Any and all descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product on our Website at any time. We do not warrant that the quality of any products or services offered on this Website will match your expectations or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

All purchases made through this Website are subject to Lavish legacy acceptance. We reserve the right to, in our sole discretion, refuse any order you place with us. We may, in our sole discretion, restrict or cancel orders purchased per person, per household or per order. These restrictions may include orders placed by or under the same credit card, the same customer account, and/or orders that use the same shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email address or phone number you submitted at the time the order was made. We reserve the right to prohibit orders that we believe to be, in our sole judgment, orders placed by dealers, resellers, or distributors who intend to resell the products ordered.

You agree to promptly update your account information and payment information including but not limited to your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

Third-Party Links

This Website may contain links to third-party websites that are not affiliated with us. The inclusion of any of these links on the Website does not denote approval or endorsement by us and Lavish Legacy expressly disclaims any responsibility for the contents, the accuracy of information, the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. You are advised to carefully review the third-party’s policies and practices and make sure you understand and agree with them before you engage in any transaction.

Copyrights and Trademarks

All content included in the Website or made available through Lavish Legacy, such as text, graphics, logos, audio, video, button icons, images, and software is the property of Lavish Legacy or its content suppliers; and the compilation of all content included in or made available through any Lavish Legacy Service is the exclusive property of Lavish Legacy and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in the Website or made available through Lavish Legacy are trademarks of Lavish Legacy in the U.S. and other countries. Lavish Legacy strictly prohibits the use of any of our intellectual property without our express permission. Lavish Legacy trademarks and other intellectual property may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredit us. All other trademarks on the Website not owned by Lavish Legacy are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lavish Legacy. You may not use any of our trademarks or service marks in meta tags without our express permission.

User Comments, Feedbacks, and Other Submissions

Some locations of the Website provides Users the capability to create, post, and share content such as texts, materials, images, photos, reviews, comments, ideas, suggestions, proposals, plans, (any such materials a User provides, shares, submits, displays, or otherwise creates using the Website are “User Content”). You agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree not to post, store, or create or share any User Content that:

  • May cause risk of harm, physical or mental injury, physical or mental illness to you or any other person;
  • may create a risk of any other damage or loss to any person or property;
  • Intends to cause harm to or exploit children by exposing them to inappropriate content or otherwise;
  • may constitute or contribute to crime;
  • contains any information or content that we deem to be unlawful, harmful, abusive, infringing, lewd, racially or ethnically offensive, invasive of personal privacy or publicity rights, profane, threatening, defamatory to other people;
  • contains any information or content that is considered to be illegal; or
  • does not infringe on the intellectual property rights or copyrights of others.

You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation Intellectual Property Rights, Trademark Rights, or rights of privacy. We reserve the right to remove content and/or terminate or suspend you from the Website if your posts are deemed inappropriate or fall under any of the aforementioned categories.

In the case of a report of copyright or intellectual rights violation, the Company reserves the right to request information and/or documentation proving the ownership of the Intellectual Property Rights of the affected material or information proving the existence or absence of violation. You accept to provide any such information required of you. Submitting or not submitting the appropriate information and/or documentation will not result in the Company automatically deciding in favor of or against the existence of a violation. Any such determination will be made and resulting actions will be taken based on our sole discretion. You agree not to make any claims concerning actions taken or not taken by the Company in this respect.

We take no responsibility and assume no liability for any User Content that you or any other User or third party creates, stores, shares, posts. or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms of Use, you may bear legal responsibility for that content.

Product Descriptions; Typographical Errors; Website Content

At times, our Website may contain information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, and availability. We reserve the right to correct any inaccuracies, errors, or omissions, and to change or update information or cancel orders without prior notice if any information on the Website is inaccurate at any time (including after you might have submitted your order).

We are under no obligation to update, amend or clarify information on the Website or its Service, including without limitation, pricing information, except as required by law.

Prohibited Activities

As a User of our Website, you agree not to engage in the following prohibited activities:

  • copying, distributing, or disclosing any part of the Website in any medium;
  • using “robots,” “spiders,” “offline readers,” etc., to send multiple request messages to the Website server in a manner that a human cannot reasonably produce in the same period of time by using a conventional online web browser;
  • sending spam or any unsolicited email;
  • attempting to compromise the system integrity or interfere with the security or decipher any communications to or from the servers running the Website;
  • uploading viruses, worms, or other malicious software agents through the Website;
  • collecting or harvesting any personal information from the Website;
  • using the Website for any commercial purposes;
  • impersonating another User or conducting fraud, hiding or attempting to hide your identity;
  • accessing any content on the Website through using malicious technology; or
  • any unlawful purpose.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAVISH LEGACY, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL LAVISH LEGACY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAVISH LEGACY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. LAVISH LEGACY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LAVISH LEGACY’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LAVISH LEGACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless Lavish Legacy, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use and access of the Website, your non-compliance with these Terms of Use, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Use is judged to be unlawful, illegal, 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 deleted and such determination shall not affect the validity and enforceability of the remainder of these Terms of Use.

Entire Agreement

In the event that Lavish Legacy fails to exercise or enforce any right or provision of these Terms of Service, it shall not constitute a waiver of such right or provision. These Terms of Use and any policies posted by us on this Website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us.

Governing Law

The Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the STATE of TEXAS without giving effect to any choice or conflict of law provision or rule (whether of the STATE of TEXAS or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the STATE of TEXAS.