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PRIVACY POLICY

Sexy Hair Concepts, LLC (“Sexy Hair”) provides online and mobile platforms, including its website www.sexyhair.com and the Sexy Hair application (collectively, the “Platform”), tailored for its users (the “Users”), including users who have registered on the Platform (the “Registered Users”), to obtain information about Sexy Hair products and to connect and share individual customer experiences regarding those products.

The Platform allows our Registered Users to set up unique profiles that can be used to post content, including photographs, comments and any other materials, to the Platform (“User Content”) and enter contests on the Platform. In addition, Users can view these submissions to gain insight on how Sexy Hair products may be used. To enrich our Users’ experience, we request and display some Registered User information to other Users, which allows Users to identify each other and expand their network of friends and User contacts. Registered Users can change their profile information at any time and can control how other Registered Users and the Platform communicates with them.

This Privacy Policy describes how we collect information from or about you when you purchase our products or use our services (collectively, the “Service”) on or through the Platform. This Privacy Policy also informs you why we collect this information and how we will use or disclose this information, and how you may update or delete your account from our records. This Privacy Policy does not apply to the practices of companies whom we do not own or control, or to individuals whom we do not employ or manage. BY USING THE SERVICES OR ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE CLOSE YOUR ACCOUNT AND DO NOT USE THE SERVICES OR ACCESS THE PLATFORM.

We care deeply about online privacy. If you have any questions concerning this Privacy Policy, please email us at info@sexyhair.com.

Information We Gather

In an effort to provide our Users with the most useful Services, we collect information, including, but not limited to, the use of the Service, registration information, profile information, User Content, User contact information, cookies, internet protocol (“IP”) addresses, and information about the User’s computer and/or mobile device. This information helps us to evaluate the effectiveness of the Services, improve the information available to our Users and improve overall performance of the Platform.

Registration Information:

When you register to become a Registered User and access the Services, you will provide us with your first and last name and e-mail address. During the registration process, we will give you the opportunity to provide additional profile information, such as your gender, your interests, and your job, and to add a photograph of yourself. We use this information to authenticate Registered Users and to send notifications to Registered Users relating to the Platform. Once you register as a Registered User, you can visit your profile at any time to update, modify, add or remove personal information about yourself.

Order Information:

When you purchase products through the Service, we retain your purchase and address or billing information. However, we do not retain credit card information other than to process the transaction. Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software
available today for secure commerce transactions. It encrypts all of your personal
information, including credit card number, name, and address, so that it cannot
be read over the internet.

User Contacts and Invitations:

You may use the contact importer tools provided by us to help you upload individual contact addresses or your entire address book so that you can invite your contacts who do not have Sexy Hair accounts to join. If you give us your password to retrieve those contacts, we will not store your password after you have uploaded your contacts’ information. In addition, Sexy Hair may make other tools available to sync information with Sexy Hair, for example, iOS and Android mobile applications that allow you to sync your device’s information with your registered account at the Platform. Any information that you upload or sync with the Platform is covered by this Privacy Policy. If you do not want us to store this information, visit the Gallery Page and delete your photo entry.

Invitations and Other Communications to Non-Registered Users:

Registered Users can invite others to join the service by sending invitation emails via our automated invitation system. We store the email addresses that Registered Users provide so that the respondents may be added to the list of the Registered User sending the invitations, and also to send reminders of the invitations. We do not sell these email addresses or use them to send any other communication besides invitations and reminders. Recipients of invitations may contact us to request the removal of their information from our database.

Activity Information:

We keep track of the actions you take on the Platform, including, but not limited to, clicking on or posting a photograph or other User Content, viewing a product, viewing another Registered User’s profile, clicking on any advertisements, responding to any surveys, communicating with customer support, and providing feedback to Sexy Hair. In some cases, you also are taking an action when you provide information or User Content to us. For example, if you share a photograph, in addition to storing the actual content you uploaded, we might log the fact you added it. Additionally, we may collect information about you from other Registered Users, such as when a Registered User invites you to join as a Registered User, comments on a thread you started, or any information that indicates any type of connection with you.

Cookies:

We use cookies and similar technology to identify you, make it easier for you to use the Services or access the Platform, increase our security, measure your use of the Services, aid in advertising, and to protect both you and Sexy Hair. We may use cookies and similar technology to store your login identification to make it easier for you to login to the Platform. We also use them to confirm that you are properly logged into the Platform, and to know when you are interacting with the Platform and our widgets, products, and advertisements. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set – each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences – however, you must enable cookies in order to use most functions on the Platform. Your continued use of the Services or access of the Platform serves as your consent to the placement of cookies in your browser in accordance with this Privacy Policy.

Do Not Track Signals:

Sexy Hair does not currently incorporate a self-regulatory protocol with regards to internet browsers using Do Not Track signals nor does it impose any protocol on third-parties that it may share User data with.

Security Breaches:

Sexy Hair does not anticipate any breaches within its Platform or Services; however, if such breach occurs and any unencrypted personal User date is acquired by an unauthorized person then Sexy Hair will notify the respective User of the details via e-mail.

Third-Party Advertising:

Advertisements appearing on the Platform may be delivered to Users by Sexy Hair or one of our advertising partners. Our advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time it sends you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked on. This information allows an ad network to deliver targeted advertisements that it believes will be of most interest to you. This Privacy Policy covers the use of cookies by Sexy Hair and does not cover the use of cookies by any advertisers. From time to time, Sexy Hair or a partner may sponsor a promotion, sweepstake or contest on the Platform. Users may be asked to provide personal information including name, email address or home address or to submit photographs or answer questions in order to participate. In addition, we may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

Other User Information:

Our website tracking program does not provide us with personal information about Users who have not registered as Registered Users; however, as is true of most websites, we gather certain information about all Users to the Platform and store it in log files. This information includes aggregate User information, IP addresses, browser type, location, internet service provider, CPU speed, connection speed, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, on an aggregate, anonymous basis without identifying individual Users, to analyze trends, to administer the Platform, to track Users’ movements around the Platform and to gather demographic information about our User base as a whole. We do not link this automatic data to personally identifiable information, except, in rare instances, we reserve the right to use IP addresses for security and monitoring purposes, including to identify individuals who threaten the Platform, Sexy Hair or others. As part of this use of information, we may provide aggregate, anonymous information to our partners about how our Users, collectively, use the Platform to provide more relevant services and advertisements to Users. Again, except in the very limited manner indicated in this paragraph, we never disclose aggregate, anonymous information to a partner in a manner that would identify you personally.

E-mail Security:

Messages that you send to us by e-mail may not be secure. If you choose to send any confidential personal information to us via e-mail, you accept the risk that a third party may intercept and use this information.

Web Beacons and other Mechanisms:

There are other mechanisms we may use (such as web beacons and tags) that enable us to obtain certain usage information regarding the Services and the Platform. When we send you e-mails, we may include a web beacon to allow us to determine the number of people who open our e-mails. When you click on a link in an e-mail, we may record this individual response to allow us to customize the Service offerings to you. Web beacons collect only limited information, such as a time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Web beacons can be refused when delivered via e-mail. If you do not wish to receive web beacons via e-mail, you will need to disable HTML images or refuse HTML (select Text only) e-mails via your e-mail software.

Use of Information:

Registered User profile information, including User Content and user IDs, are displayed to people in order to facilitate user interaction on the Platform. Email addresses are used for the purposes of adding Registered Users to networks, and to send notifications related to the Service. A Registered User’s email address is not shared or displayed to people within a Registered User’s personal network. Registered Users within a personal network communicate on the Platform with each other through the Platform, without disclosing their email addresses. Registered Users’ full names are never directly revealed to other Users unless a Registered User has posted that information on his or her profile page. To facilitate searching and finding other Registered Users on the Service, we allow Registered Users to search for other Registered Users using information that may be found in a Registered User’s profile.

Except as specifically indicated in this Privacy Policy, Sexy Hair is the sole owner and user of the information collected on the Platform. We will not sell, give, share, or rent this information to others in ways different from what is disclosed in this Privacy Policy; provided that Sexy Hair may provide such information to its authorized agents or partners in order to conduct its business in the ordinary course. In addition, certain vendors providing services to us may have access to limited information, but all such vendors are subject to confidentiality restrictions.

In some cases, we may choose to buy or sell assets. In these types of transactions, User information is typically one of the business assets that is transferred. Moreover, if our company, or substantially all of our assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, User information would be one of the assets that is transferred or acquired by a third party. You acknowledge that these transfers may occur, and that any acquirer of our company or our assets may continue to use your personal information as set forth in this Privacy Policy.

Sexy Hair may engage other companies and individuals to perform functions on our behalf such as sending emails, fulfilling orders, processing credit card payments, and providing customer service. These companies or individuals will be provided access to personal information needed to perform their functions, but these companies and individuals have agreed or will agree to not use your personal information for other purposes.

We may release personal information when we believe in good faith that release is necessary to comply with law or court order or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; enforce or apply our conditions of use (such as this Terms and Privacy Policy) and other agreements, or protect our rights, property or safety, or that of our employees, our Users or others. This includes exchanging information with other companies and organizations for fraud protection or security violations, including any harmful, infringing or illegal activity. Our disclosures may occur under circumstances where we may not be authorized to advise you of such action.

Your Choices:

The Platform allows a User to sign-up to receive newsletters, alerts, contest notifications and e-mails from Sexy Hair (to the extent that we provide these options). You always may (a) opt-out from our mailing list, (b) update certain information about you after you register with us, or (c) request deletion of your account with us, in each case by clicking on the unsubscribe or manage preferences link contained in each e-mail sent. When you update information, however, we often maintain a copy of the unrevised information in our records. In addition, please note that some information may remain in our records after deletion of your account.

We reserve the right to notify you of changes or updates to the Platform whenever necessary. If you do not wish to receive e-mail or other mail from us, please opt out using the procedure indicated in the paragraph above. Please note that if you do not want to receive legal notices from us such as this Privacy Policy, those legal notices will continue to govern your use of the Services or the Platform, and you are responsible for reviewing these legal notices for changes.

Profile, Blogs, Message Boards, Chat Rooms and Public Forums:

Please be aware that whenever you voluntarily post public information to your profile, blogs, message boards, chat rooms or any other public forums (to the extent that we provide these options), even if within a portion of the Platform that may be accessed only by Registered Users, that information can be accessed by the public and in turn can be used by those people to send you unsolicited communications.

Third-Party Links:

The Platform may contain links to websites and services that are neither owned nor controlled by Sexy Hair. Once you leave the Platform, this Privacy Policy no longer applies, and you will be subject to the privacy policies, if any, of the other website or service which may differ from this Privacy Policy in important ways. Sexy Hair has no responsibility for the privacy practices or the content of websites or other services that it does not control or own.

The links from the Platform that go to other websites are for convenience only, and do not imply that we endorse or approve any of those websites. We have no control over the content found on other websites and make no warranties or representations as to the accuracy or adequacy of any information found at such websites. Similarly, we are not responsible for information found on or through the Platform that is generated by third parties.

We are not responsible for any loss, injury, claim, liability or damage related to your use of the Services or the Platform or other linked websites, whether from errors or omissions in the content of the Platform, Services or any other linked websites, from the Platform being down or from any other use of the Services or the Platform. Your use of the Services and the Platform and others’ websites is at your own risk. We are not responsible for the privacy practices of other websites that are linked to us. Remember that any information that you voluntarily post on discussion boards, social media websites or elsewhere may be accessible by other users and is public information.

When linking to another site, a User should read the privacy policy stated on that site. Our privacy policy only governs information collected on the Platform.

Sexy Hair E-mail Links:

You may e-mail us directly at info@sexyhair.com with any questions or comments. Sexy Hair endeavors to read messages received and to respond promptly. In addition to replying to your comment or inquiry, we may file your e-mail for future reference regarding improvements to the Services or the Platform.

Security:

The security of your personal information is important to us. We use reasonable precautions to protect the personal information we receive or that we store within our database, and we restrict access to User information to those workers who need access to perform their job functions, such as our customer service personnel and technical staff. In addition, Registered User accounts are secured by passwords that are generated by Registered Users. Nonetheless, no website or platform is completely secure and we cannot guarantee the security of such information. As a result, although we take appropriate measures to safeguard against unauthorized disclosures of personal information, you acknowledge that: (a) we cannot guarantee you that the information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy; (b) there are security and privacy limitations of the internet and wireless networks which are beyond our control; (c) the security, integrity and privacy of any and all information and data exchanged between you and us through the Platform cannot be guaranteed; (d) any such information and data may be viewed or tampered with in transit by a third party. In addition, unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time. If you have any questions about security or privacy on the Platform, you can contact us atinfo@sexyhair.com.

A Special Note about Children:

The Platform is not designed or intended for use by children under 13. If you are under 18, you should access or use the Platform only with involvement of a parent or guardian. Children under 13 may not submit any personal information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it. We comply with the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm) and will not knowingly collect personally identifiable information from, anyone under 13.

Notification of Changes:

Sexy Hair uses the information collected from you in accordance with this Privacy Policy in effect when the information was collected. From time to time, we may amend, modify, alter or otherwise update this Privacy Policy; for example, in light of new technology, a change in applicable law, or as our business needs or other facts dictate. If Sexy Hair decides to change the type of information it collects, how we use it, or under what circumstances, if any, we may disclose it, we will post a notice of these changes on the Platform. A User is bound by any minor changes to the policy when she or he uses the site after those changes have been posted. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our Web site. Please check the Platform frequently to see recent changes to this Privacy Policy.

Contact Information:

If you have any questions or concerns regarding privacy at the Platform, please contact us as follows:
Sexy Hair Concepts, LLC
21551 Prairie Street
Chatsworth, California 91311
Email: info@sexyhair.com



TERMS OF USE

These Terms of Use are a legal agreement between you and Sexy Hair Concepts, LLC (“Sexy Hair”), which provides online and mobile platforms, including its website www.sexyhair.com and the Sexy Hair application (collectively, the “Platform”). By accessing the Platform and using any of the Services (as defined below) accessible through the Platform, you become a user and agree to, and are bound by, the terms and conditions of these Terms of Use for as long as you continue to access or use the Platform or Services. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM OR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE PLATFORM OR THE SERVICES. USE OF THE PLATFORM AND THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS BELOW AND TO ALL APPLICABLE RULES OR GUIDELINES PROVIDED HEREIN OR ELSEWHERE WITHIN THE PLATFORM. THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF SEXY HAIR. PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY. Your use of, or participation in, certain Services may be subject to additional terms, and those terms either will be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use those Services. Except as expressly provided in these Terms of Use, nothing within the Platform or Services should be construed as an offer by Sexy Hair.

There may be times when Sexy Hair offers a special feature or contest that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature or contest will control to the extent there is a conflict with these Terms of Use.

The Sexy Hair services include the following: (a) a service to allow social interaction among vendors and retailers; and (b) a service for ordering and receiving various products and services; (c) services offering interactive content and social media services (collectively, the “Services”). Sexy Hair may offer additional services or revise any of the Services, at its discretion, and these Terms of Use will apply to all additional services or revised Services.

These Terms of Use are subject to change by Sexy Hair in its sole discretion at any time, with or without notice. Your continued use of the Platform or Services after the posting of revisions to these Terms of Use will constitute your acceptance of those revisions. Please consult the end of these Terms of Use to determine when these Terms of Use were last revised.

1. Access To The Services

Subject to these Terms of Use, we may offer to provide certain services, programs, products, contests, features or content as described more fully on the Platform, and which in some instances are selected by you through the process provided therein, solely for your own use, and not for the use or benefit of any third party. These offerings may include various opportunities to participate in contests through the submission of photographs through the Platform. We may change, suspend or discontinue the Services at any time, including the availability of all or any of the individual components of the Services. We also may impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability.

You certify to us that you are an individual (i.e., not a corporation or another entity) and that you are at least 13 years of age. You also certify that you are legally permitted to access the Platform and use the Services, and take full responsibility for accessing the Platform and selecting and using the Services. These Terms of Use are void where prohibited by law, and the right to access the Platform or use the Services is revoked in those jurisdictions.

We will not be in default or be liable for any delay, failure in performance, compatibility or interruption of service resulting directly or indirectly from any cause beyond our reasonable control. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Platform or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. You are responsible for ensuring that those equipment or ancillary services are compatible with the Platform and Services.

2. Registration And Security

As a condition to accessing the Platform and/or using the Services, you may be required to register with the Platform and select a password and user name (collectively, the “User ID”). You must provide us with accurate, complete and updated registration information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not: (a) use as a User ID the name of another person with the intent to impersonate that person; or (b) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel, a User ID in our sole discretion. We also reserve the right to refuse service or cancel product orders at any time in our sole discretion, including, without limitation, based on any activity in violation of these Terms of Use or applicable laws and regulations. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.

3. Privacy Policy

Any personally identifiable information or User Content (as defined below) provided in electronic communications to or through the Platform is governed by our Privacy Policy, which is expressly made part of, and hereby incorporated into, these Terms of Use. You hereby acknowledge that you have read and understood the terms of our Privacy Policy

4. Copyright And Intellectual Property Policy

Your transmission of User Content to Sexy Hair is governed by our Copyright and Intellectual Property Policy., which is set forth at the bottom of these Terms of Use. You hereby acknowledge that you have read and understood the terms of our Copyright and Intellectual Property Policy.

5. Third Party Content; Intellectual Property

The contents of the Platform may be accessed by visitors or registered users of the Platform and only may be used in accordance with these Terms of Use. The materials displayed or performed on the Platform (including, but not limited to text, graphics, publications, interfaces, news articles, photographs, images, illustrations, audio clips and video clips, artwork and computer code (collectively, the “Content”)) are protected by U.S. and international copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. You must abide by all copyright notices, information and restrictions contained in any Content accessed through the Platform and/or the Services.

The Platform is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as provided herein or with our written consent, you may not copy, download, upload, encode, modify, reverse engineer, publish, post, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display or in any way exploit, any of the Services or Content in whole or in part, other than for your personal use for non-commercial purposes.

The Content displayed or provided on the Platform is either the property of, or used with permission by, us. The use of any Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Platform. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Platform are registered and unregistered Marks of ours and others protected by U.S. and international laws. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Platform without the written permission of Sexy Hair or of the third party that may own the Marks displayed on the Platform, other than as set forth in these Terms of Use. Your misuse of the Marks displayed on the Platform, or any other Content on the Platform, except as provided herein, is strictly prohibited. You also are advised that we aggressively will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Each third-party content provider owns the copyright and trademark rights in and to all content original to it, including, without limitation, the images delivered or otherwise made available to you through the Platform. Except as permitted by such third party, you acknowledge that you do not acquire any ownership rights in any User Content by downloading or otherwise accessing such third-party content.

We are not responsible for the Content provided by third parties, including statements, images or advertisements. Accordingly, we have no editorial control over the third-party content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in photographs posted through the Platform, are those of the respective third party and not of Sexy Hair. We do not guarantee the accuracy, completeness or usefulness of all or any portion of any third-party content or any services or offers made by third parties, nor will we be liable for any loss or damage caused by your reliance on information contained in any such Content, or your use of services offered, or your acceptance of any offers made through the Platform or the Services.

We have not reviewed all of the websites linked to the Platform and are not responsible for the content of any off-site pages or any other websites linked to the Platform. Your linking to any other off-site pages or other websites is at your own risk. The links to these off-site pages are provided only for your convenience.

You may not download or copy any Content or other items displayed on the Platform, or store any significant portion of any Content or such items in any form. Copying or storing any Content for other than personal, non-commercial use in violation of these Terms of Use is expressly prohibited without our prior written permission, or from the copyright holder identified in the Content’s copyright notice. We neither warrant nor represent that your use of the Content displayed on the Platform will not infringe rights of third parties not owned by or affiliated with us.

You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (a) continuously and automatically search or index any Content; (b) harvest personal or business information from the Platform for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Platform. If the Platform contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to us via email at info@sexyhair.com.

6. User Content

By accessing our Platform and using our Service you understand and agree that we are providing a platform for you to post content, including photographs, videos, comments and any other materials, to the Platform and to share such content publicly (“User Content”). This means that other visitors or registered users may search for, see, use, or share any User Content that you may provide through the Platform or Service, consistent with the terms and conditions of this Terms of Use.

Sexy Hair does not claim ownership of any User Content. Instead, you hereby grant Sexy Hair a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to User Content, subject to our Privacy Policy. The Platform or Services provided by Sexy Hair may display advertisements and promotions, and you hereby agree that Sexy Hair may place such advertising and promotions on the Platform and Services, or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You represent and warrant that: (i) you own the User Content or have received all proper permissions and/or releases to grant the necessary rights and licenses set forth in these Terms of Use; (ii) the submission and use of your User Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Sexy Hair has no obligation to prescreen, monitor, display, review, edit, maintain or remove any User Content. We reserve the right to delete User Content for any reason and if your User Content violates these Terms of Use, you may bear legal responsibility for that User Content.

7. Your Communications

Any communications you transmit or post to the Platform (including on any bulletin board, chat room or other comment area that we may provide) (“Communications”) by email or otherwise will be treated as non-confidential and non-proprietary, and we will not be liable for any use or disclosure of any unsolicited Communications. Any Communications (including ideas, concepts, how-to, or techniques) you transmit to us or to the Platform may be used freely by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, subject to any other agreement we have with you. By sending us Communications, you release, waive any claims with regard to, and hold harmless us and our officers, directors, shareholders, representatives and agents from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works, public performances, public display, digital performances, sales, offers and other uses of any kind of such Communications in any media now known or hereafter developed, for any purpose whatsoever.

You hereby warrant, represent and agree to us that you will not transmit any Communications that are infringing, libelous, defamatory, obscene, pornographic, unlawful, threatening, scandalous, inflammatory, profane, abusive, offensive or otherwise violates any law or right of any third party, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any U.S. or international law. We reserve the right to remove any User Content from the Platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone transmitting any such information or materials. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We have no obligation to monitor the Platform, the User Content made available therein, or any Communication that you transmit through the Platform. We assume no responsibility or liability arising from any Communications, Content or User Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within any Communications, Content or User Content. Without limiting the foregoing, we retain the right to remove any User Content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of our or our licensors’ obligations.

8. Restrictions

You are responsible for all of your activity in connection with accessing the Platform and/or using the Services. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your right to access the Platform or the Services. You may not transmit, or cause to be transmitted, any communication or solicitation designed or intended to obtain private information from any of our users.

Use of the Platform or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including that which is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder or “spam” on the Platform, or any processes that run or are activated while you are not logged on.

9. Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Platform; what Content or User Content you access via the Platform; what effects the Content or User Content may have on you; how you may interpret or use the User Content; or what actions you may take as a result of having been exposed to the Content or User Content. You release us from all liability for you having acquired or not acquired Content or User Content through the Platform. The Platform may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content or User Content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, currency, completeness, suitability, timeliness, copyright compliance, legality or decency of Content or User Content contained in or accessed through the Platform, or for any human and/or technical error. THE PLATFORM, THE SERVICES, CONTENT AND USER CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SEXY HAIR NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT, USER CONTENT OR THE SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

ANY CONTENT OR USER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT OR USER CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. Indemnity

You will indemnify, hold harmless, and at our request, defend us, our parents, subsidiaries, licensors, suppliers, affiliates, officers, directors, managers, shareholders, employees, representatives and agents, harmless from any and all claims, losses, damages (actual and consequential), suits, judgments, costs and reasonable attorneys’ fees, of every kind and nature made by any third party due to or arising out of your access to the Platform, use of the Services or the Platform, the violation of these Terms of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

11. Limitation Of Liability

WITHOUT LIMITING THE APPLICABILITY OF THE FOREGOING, IN NO EVENT WILL WE BE LIABLE WITH RESPECT TO THE PLATFORM, THE CONTENT, USER CONTENT OR THE SERVICES: (a) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY A USER, IF ANY, THEREFOR; (b) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; OR (c) PERSONAL INJURY/WRONGFUL DEATH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON US, THEN OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF OURS WILL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE SERVICES OR ANY CONTENT OR USER CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR HEREIN.

12. Return & Refund Policy; Risk Of Loss

Please refer to our Return & Refund Policy[provide hyperlink]. All items purchased through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We do not take title to any item that you return to us until that item reaches our warehouse. In our sole discretion, we may issue a refund without requiring a return. In this situation, we do not take title to the refunded item.

13. Product Descriptions

We attempt to be as accurate as possible in describing the products that we offer for sale through the Platform; however, we do not warrant that product descriptions or other content provided on the Platform is accurate, reliable, current or error-free. If a product is not as described, your sole remedy is to return it in its unused condition.

14. Pricing

Our Platform and Services strive to provide the most accurate price available for all listed products. Placing an item in your shopping cart does not reserve the price shown at the time. The prices of all of our products is confirmed at the time when they are ordered. Despite our best efforts, a small number of items offered on the Platform may be mispriced. If the correct price of an item is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.

15. No Third-Party Sales

Any product or product sample that we may provide to you is for your personal use only. You may not sell or resell any of the products or product samples that you receive. We reserve the right to cancel, reduce or modify any orders placed with us at our sole discretion.

16. Termination

We may terminate the Services at any time, with or without notice. We also may terminate or suspend any and all Services and your access to the Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. All provisions of these Terms of Use which by their nature should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

17. Modifications

We reserve the right, at our sole discretion, to modify these Terms of Use at any time by posting a notice on the Platform, or by sending you a notice via email or postal mail. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Platform or the Services by you following such modification constitutes your acceptance of the terms and conditions of these Terms of Use as modified.

18. Questions; Comments

If you have any questions or comments about us, the Platform or the Services, please send us an email at info@sexyhair.com. You should know that any email or Internet correspondence between us has the same effect as a written document under the law.

19. Miscellaneous

(a) These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof, which may be modified only as set forth herein. (b) The Platform is controlled and operated by us from our offices within the State of California. We assume no responsibility, and are not liable for any damages to, or viruses, worms and Trojan that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Platform or your downloading of any Content or User Content from the Platform. We make no representation that materials in the Platform are appropriate or available for use in other jurisdictions. Those who choose to access the Platform from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission, if and to the extent such laws are applicable. (c) Except to the extent applicable law, if any, provides otherwise, these Terms of Use will be governed by the laws of the State of California without giving effect to its choice of law rules. (d) You expressly agree that jurisdiction for any claim or dispute relating to or arising out of these Terms of Use, or your access or use of the Platform or the Services, resides exclusively in the state and federal courts in Los Angeles County, California, and expressly consent to the personal jurisdiction thereof. (e) If any provision in these Terms of Use should be held illegal or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and other provisions of these Terms of Use will remain in full force and effect, or we may at our option instead terminate these Terms of Use. (f) A waiver by either party of any term or condition of these Terms of Use or any breach hereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (g) You may not assign or otherwise transfer by operation of law or otherwise these Terms of Use or any rights or obligations herein. We may assign these Terms of Use to any entity at our sole discretion. (h) These Terms of Use will be binding upon and will inure to the benefit of the parties, their heirs, executors, administrators, successors and permitted assigns. (i) No delay or failure to take action under these Terms of Use will constitute any waiver by us of any provision hereof. (j) Nothing in these Terms of Use waives or limits extra-contractual rights or remedies available to us to protect our rights or property, including, but not limited to, those available under U.S. copyright law, international treaties or copyright or intellectual property laws of the countries in which the Platform or Services are used.