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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Sexy Hair E-mail Links:
You may e-mail us directly at email@example.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.
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:
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
1. Access To The Services
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
4. Copyright And Intellectual Property Policy
5. Third Party Content; Intellectual Property
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.
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 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 firstname.lastname@example.org.
6. 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.
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.
11. Limitation Of Liability
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.
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.
18. Questions; Comments
If you have any questions or comments about us, the Platform or the Services, please send us an email at email@example.com. You should know that any email or Internet correspondence between us has the same effect as a written document under the law.