Terms of Service
JUSTINTHEESTALLIONFRAGRANCES.COM TERMS OF USE
Effective Date: October 12, 2021
JustinTheeStallionFragrances.com(the "Website" or "Site") is operated by Aladdin Fragrances, Inc. d/b/a Parlux under license from Lash Beauty, LLC. These Terms are a legal agreement between Parlux located at 630 Third Avenue, Suite 602, New York, NY 10017, on behalf of itself and its parent holding company and each of their affiliates (collectively, “Parlux”, “we”, “us” and “our”) and you, and if applicable, the entity on whose behalf you are entering into these Terms of Use (also referred to as “your”). This website is operated by Parlux and hosted on the Shopify Inc. online e-commerce platform. Parlux can be contacted for customer service at [email protected].
PLEASE READ THESE WEBSITE TERMS OF USE (“Terms of Use”) CAREFULLY. BY VISITING, USING, AND/OR PURCHASING SOMETHING FROM THIS WEBSITE, YOU ARE ENGAGING IN OUR WEBSITE AND WEBSITE SERVICES AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use” or “Terms”), INCLUDING ALL ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK (COLLECTIVELY, THE “AGREEMENT”).
You understand that any content you submit through or to the Website (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and associated Website Services, use of the Website, or access to the Website or any contact on the Website through which the Website Services are provided, without express written permission by us.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website and associated Website Service, violate any laws in your jurisdiction (including but not limited to trademark and copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
Any personal information that you submit to the Website in establishing your Account and/or User Account Credentials will be governed by the Website Privacy Policy. Please access this hyperlink: [insert hyperlink] to view our Privacy Policy.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE WE MAY USE AUTOMATIC DIALING SYSTEM(S) TO DELIVER TEXT MESSAGES TO YOU AND YOUR CONSENT TO RECEIVE SUCH TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
We are not responsible or liable to you or any third party for the content or accuracy of any materials or content provided by third parties to the Website and we disclaim all liability and responsibility arising from your reliance on the Website content or accuracy of the Website content, which you are accessing and using at your own risk.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website we control is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information presented on the Website or on any related website has been modified or updated.
Certain content, products and services available via our Website may include materials from third-parties available and/or accessible through third-party links, which may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or 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 review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
We make no representations and provide no warranties that the Website will be made available at any specific time or from any specific geographical location or that the Website will be accessible or optimized on all browsers, computers, tablets, phones, devices or other viewing platforms. Our Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries, territories or regions.
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website 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 the Website Intellectual Property or Third-Party Rights; (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 the Website, Website Services or of any related website, other websites (e.g., those accessed through third-party links hosted on the Website), or the Internet; (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 the Website or the Website Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that are available for purchase through the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, 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 or product pricing are subject to change at any time, without notice, in the sole discretion of Parlux. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 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.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Website service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. Please refer to our Shipping and Returns Policy for additional information regarding product purchases from the Website.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases from our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Shipping and Returns Policy.
You may have the opportunity to participate in sweepstakes, contests, or promotions (collectively, “Promotions”) offered through the Website. All such Promotions will be subject to printed conditions published on this Website or any affiliated third-party application or website, including conditions for entry and/or participation in such Promotion(s). Failure to abide by the terms and conditions of entry and/or participation may result in the user’s disqualification from the Promotion and/or suspension or cancellation of User Account privileges to this Website.
We do not guarantee, represent or warrant that your use of our Website and Website Services 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 service or suspend Website Services for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and Website is at your sole risk. The Website, service and all products and services delivered to you through the service 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 Parlux, Lash Beauty, LLC, and each of their parents, 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 Website, Website Service or any products procured using the Website Service, or for any other claim related in any way to your use of the Website Service or any product, 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 service or any content (or product) 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL.
SOME JURISIDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT YOU RESIDE IN SUCH A JURISIDICTION.
We may give you all required legal notices (including service of process) by any lawful method, including posting of notices on the Website or by sending it to any email address that you provide when establishing your Account with the Website or that you provide when otherwise interacting with us or the Website. You agree to send notices to us by mailing them to Parlux, 630 Third Avenue, Suite 602, New York, NY 10017, Attention: Legal Department.
If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights under United States Copyright law, you may submit a notification pursuant to Title 17, United States Codes, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
The email address for Parlux’s designated agent to receive notification of claimed copyright infringement is: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section 10(b), your DMCA notice may not be valid.
NOTICE TO CALIFORNIA RESIDENTS: BY USING THE WEBSITE YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Pronoun choice in this notice is not meant to be exclusive but is used to comply with legally-required phrasing under California law.
If the Website is at any time deemed an electronic commercial service (as defined under Cal. Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
Website Provider: Parlux
E-Mail: [email protected]
Postal Address: 630 Third Avenue, Suite 602, New York, NY 10017
If the Website is deemed an electronic commercial service, you may file a complaint regarding the Website or request further information regarding use of the Website by sending an inquiry to the attention of “Legal Department” at the above address.
In the event that any provision of these Terms of Use 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 of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also 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 Website or Website Services (or any part thereof). Any termination of your access to the Website or Website Services will result in the termination of your Account and your User Account Credentials.
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the Website Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and Website Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
These Terms of Use and any separate agreements whereby we provide you with Website access or Services shall be governed by and construed in accordance with the laws of the United States in the State of New York.
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Website Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Effective Date: October 12, 2021
JustinTheeStallionFragrances.com(the "Website" or "Site") is operated by Aladdin Fragrances, Inc. d/b/a Parlux under license from Lash Beauty, LLC. These Terms are a legal agreement between Parlux located at 630 Third Avenue, Suite 602, New York, NY 10017, on behalf of itself and its parent holding company and each of their affiliates (collectively, “Parlux”, “we”, “us” and “our”) and you, and if applicable, the entity on whose behalf you are entering into these Terms of Use (also referred to as “your”). This website is operated by Parlux and hosted on the Shopify Inc. online e-commerce platform. Parlux can be contacted for customer service at [email protected].
PLEASE READ THESE WEBSITE TERMS OF USE (“Terms of Use”) CAREFULLY. BY VISITING, USING, AND/OR PURCHASING SOMETHING FROM THIS WEBSITE, YOU ARE ENGAGING IN OUR WEBSITE AND WEBSITE SERVICES AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use” or “Terms”), INCLUDING ALL ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK (COLLECTIVELY, THE “AGREEMENT”).
- Access to the Website and Agreement with the Terms of Use
- Changes to the Terms of Use.
- General Conditions of User Access to the Website
You understand that any content you submit through or to the Website (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and associated Website Services, use of the Website, or access to the Website or any contact on the Website through which the Website Services are provided, without express written permission by us.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website and associated Website Service, violate any laws in your jurisdiction (including but not limited to trademark and copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
- Age Minimums for Use of Website.
- Your Account Credentials and Personal Information.
Any personal information that you submit to the Website in establishing your Account and/or User Account Credentials will be governed by the Website Privacy Policy. Please access this hyperlink: [insert hyperlink] to view our Privacy Policy.
- Text Messaging.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE WE MAY USE AUTOMATIC DIALING SYSTEM(S) TO DELIVER TEXT MESSAGES TO YOU AND YOUR CONSENT TO RECEIVE SUCH TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
- Ownership and Accuracy of Material on the Website.
- Accuracy, Completeness and Timeliness of Information on the Website.
We are not responsible or liable to you or any third party for the content or accuracy of any materials or content provided by third parties to the Website and we disclaim all liability and responsibility arising from your reliance on the Website content or accuracy of the Website content, which you are accessing and using at your own risk.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website we control is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information presented on the Website or on any related website has been modified or updated.
- Third-Party Links.
Certain content, products and services available via our Website may include materials from third-parties available and/or accessible through third-party links, which may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or 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 review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Third-Party Tools.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
- User Comments, Feedback and Other Submissions.
- Accessibility to the Content.
We make no representations and provide no warranties that the Website will be made available at any specific time or from any specific geographical location or that the Website will be accessible or optimized on all browsers, computers, tablets, phones, devices or other viewing platforms. Our Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries, territories or regions.
- Prohibited Uses of the Website.
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website 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 the Website Intellectual Property or Third-Party Rights; (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 the Website, Website Services or of any related website, other websites (e.g., those accessed through third-party links hosted on the Website), or the Internet; (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 the Website or the Website Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
- Product Purchases, Modifications to the Services and Pricing Changes.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that are available for purchase through the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, 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 or product pricing are subject to change at any time, without notice, in the sole discretion of Parlux. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 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.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Website service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. Please refer to our Shipping and Returns Policy for additional information regarding product purchases from the Website.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases from our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Shipping and Returns Policy.
- Promotions.
You may have the opportunity to participate in sweepstakes, contests, or promotions (collectively, “Promotions”) offered through the Website. All such Promotions will be subject to printed conditions published on this Website or any affiliated third-party application or website, including conditions for entry and/or participation in such Promotion(s). Failure to abide by the terms and conditions of entry and/or participation may result in the user’s disqualification from the Promotion and/or suspension or cancellation of User Account privileges to this Website.
- Disclaimer of Warranties; Limitation of Liability.
We do not guarantee, represent or warrant that your use of our Website and Website Services 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 service or suspend Website Services for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and Website is at your sole risk. The Website, service and all products and services delivered to you through the service 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 Parlux, Lash Beauty, LLC, and each of their parents, 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 Website, Website Service or any products procured using the Website Service, or for any other claim related in any way to your use of the Website Service or any product, 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 service or any content (or product) 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.
- Indemnification.
You agree to indemnify, defend and hold harmless Parlux, Lash Beauty, LLC, and each of our parents, 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 breach of these Terms of Use, Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Disclaimers and Notices.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL.
SOME JURISIDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT YOU RESIDE IN SUCH A JURISIDICTION.
- Legal Notices; DMCA Notice.
We may give you all required legal notices (including service of process) by any lawful method, including posting of notices on the Website or by sending it to any email address that you provide when establishing your Account with the Website or that you provide when otherwise interacting with us or the Website. You agree to send notices to us by mailing them to Parlux, 630 Third Avenue, Suite 602, New York, NY 10017, Attention: Legal Department.
If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights under United States Copyright law, you may submit a notification pursuant to Title 17, United States Codes, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonable sufficient to permit Parlux to locate the material;
- Information reasonably sufficient to permit Parlux to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The email address for Parlux’s designated agent to receive notification of claimed copyright infringement is: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section 10(b), your DMCA notice may not be valid.
- Notice to California Residents.
NOTICE TO CALIFORNIA RESIDENTS: BY USING THE WEBSITE YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Pronoun choice in this notice is not meant to be exclusive but is used to comply with legally-required phrasing under California law.
If the Website is at any time deemed an electronic commercial service (as defined under Cal. Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
Website Provider: Parlux
E-Mail: [email protected]
Postal Address: 630 Third Avenue, Suite 602, New York, NY 10017
If the Website is deemed an electronic commercial service, you may file a complaint regarding the Website or request further information regarding use of the Website by sending an inquiry to the attention of “Legal Department” at the above address.
- Severability.
In the event that any provision of these Terms of Use 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 of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also 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 Website or Website Services (or any part thereof). Any termination of your access to the Website or Website Services will result in the termination of your Account and your User Account Credentials.
- Entire Agreement.
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the Website Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and Website Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
- Governing Law.
These Terms of Use and any separate agreements whereby we provide you with Website access or Services shall be governed by and construed in accordance with the laws of the United States in the State of New York.
- Changes to the Terms of Use.
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Website Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.