Terms of Use – Lauragellen
Welcome to Lauragellen.com (“Website”), your dedicated destination for cosmetics designed specifically for mature skin—including foundation, primer, blush, eyeshadow, and multi-piece sets. These Terms of Use (“Terms”) govern your access to and use of the Website, its content (e.g., product descriptions, images, beauty tips), and any services offered through the Website (collectively, “Services”). By accessing or using the Website or Services, you (“User” or “You”) agree to comply with these Terms, as well as our Privacy Policy, Terms of Purchase, and Refund Policy (all referenced herein and available on the Website). If you do not agree to these Terms, please do not access or use the Website.
1. Eligibility to Use the Website
To access or use the Website, you must meet the following criteria:
- Be at least 13 years old. If you are under 18, you must have the consent of a parent or legal guardian to use the Website, and your guardian must agree to these Terms on your behalf.
- Have the legal capacity to enter into a binding agreement (or have a guardian with such capacity, if applicable).
- Comply with all applicable laws, regulations, and these Terms.
Lauragellen (“we”, “us”, or “our”) reserves the right to restrict or deny access to the Website to any User who fails to meet these requirements or violates these Terms.
2. User Accounts (If Applicable)
Some features of the Website (e.g., saving favorite products, tracking order history, receiving personalized beauty recommendations) may require you to create a User Account (“Account”). When registering for an Account, you agree to:
- Provide accurate, current, and complete information (including your full name, email address, and a secure password).
- Update your Account information promptly if it changes (e.g., new email address, shipping preferences).
- Keep your Account password confidential and secure. You are solely responsible for all activities conducted under your Account, including unauthorized use by third parties.
- Notify us immediately at [email protected] if you suspect any unauthorized access to or misuse of your Account.
We reserve the right to suspend or terminate your Account at any time, without prior notice, if we believe you have violated these Terms (e.g., providing false information, sharing your password) or for any other legitimate reason (e.g., inactivity for 12+ months).
3. Permitted Uses of the Website
You may use the Website and Services only for lawful, non-commercial purposes that align with our mission of serving mature skin beauty needs. Permitted uses include:
- Browsing the Website to view product details (e.g., foundation formulas, eyeshadow shade options), pricing, and policies.
- Creating an Account (if eligible) to access personalized features (e.g., “Saved Mature Skin Favorites”).
- Placing orders for products in accordance with our Terms of Purchase.
- Contacting our customer service team for assistance (e.g., shade recommendations, order questions).
- Accessing and using non-commercial content (e.g., beauty tips for mature skin) for personal reference.
All use of the Website must be in good faith, and you must not use the Website in a way that harms us, other Users, or third parties.
4. Prohibited Conduct
You agree not to engage in any of the following prohibited activities when accessing or using the Website:
- Unauthorized Access: Attempting to access restricted areas of the Website (e.g., admin portals, customer data databases) without permission; using automated tools (e.g., bots, scrapers, crawlers) to collect, copy, or extract data from the Website (including product images, descriptions, or User information) without our explicit written consent.
- Misuse of Content: Copying, modifying, distributing, selling, licensing, or reproducing any proprietary content on the Website (e.g., product images, brand logos, beauty tips, “Lauragellen” name) for commercial or non-commercial purposes, unless expressly permitted by us.
- Fraud or Misrepresentation: Providing false, misleading, or inaccurate information when creating an Account, placing an order (e.g., fake shipping address, stolen payment details), or communicating with our team (e.g., claiming a product is defective when it is not).
- Harmful or Disruptive Behavior: Uploading or transmitting viruses, malware, or other harmful software that could damage the Website, our systems, or other Users’ devices; spamming the Website (e.g., posting repetitive comments in forums, if applicable) or overloading our servers with excessive requests.
- Violation of Rights: Using the Website to infringe on the intellectual property, privacy, or other legal rights of us, other Users, or third parties (e.g., sharing another User’s personal information without consent).
- Violation of Laws: Using the Website to engage in illegal activities (e.g., counterfeiting our products, money laundering) or to violate applicable laws or regulations (e.g., importing cosmetics in violation of local customs rules).
We may take immediate action to address prohibited conduct, including restricting your access to the Website, terminating your Account, or pursuing legal remedies (e.g., seeking damages for fraud or intellectual property infringement).
5. Intellectual Property Rights
All content and materials on the Website—including but not limited to product images, descriptions, brand logos, “Lauragellen” trademarks, text, graphics, beauty tips, and software (“Intellectual Property”)—are owned by us or our licensors and are protected by United States and international intellectual property laws (e.g., copyright, trademark, patent laws).
You do not acquire any ownership rights to the Website’s Intellectual Property by accessing or using the Website. We grant you a limited, non-exclusive, non-transferable license to use the Website and its Intellectual Property solely for permitted uses (as outlined in Section 3) during the term of these Terms. This license automatically terminates if you violate these Terms or stop using the Website.
6. Third-Party Links & Content
The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, beauty blogs). These links are provided for your convenience only, and we do not control or endorse third-party websites or their content.
We are not responsible for the accuracy, legality, safety, or quality of third-party websites or content. Your use of third-party websites is subject to the terms of use and privacy policies of those third parties, and you access them at your own risk. We disclaim all liability for any damages or losses arising from your use of third-party links or content.
7. Website Availability & Modifications
We strive to keep the Website available 24/7, but we do not guarantee that the Website will be uninterrupted, error-free, or free from technical issues. We may need to temporarily take the Website offline for maintenance, updates, or repairs, and we will provide notice of planned downtime (e.g., via a banner on the Website) when reasonably possible.
We also reserve the right to modify or discontinue any feature, content, or Service on the Website at any time, without prior notice (e.g., adding new product categories, removing outdated beauty tips). We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or its features.
8. Disclaimers of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied Warranties: Warranties of merchantability (e.g., that products will meet your expectations for mature skin), fitness for a particular purpose (e.g., that a primer will reduce fine lines), and non-infringement (e.g., that using the Website will not violate third-party rights).
- Warranties of Accuracy: Warranties that Website content (e.g., product descriptions, shade images, beauty tips) is accurate, complete, or up-to-date (e.g., colors may vary due to device displays, product formulas may be updated).
- Warranties of Security: Warranties that the Website will be free from viruses, malware, or other harmful components, or that your Account information will be immune to unauthorized access (we take security measures, but no system is 100% secure).
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES. This includes, but is not limited to, damages for:
- Loss of profits, data, or use (e.g., inability to access your Account).
- Inconvenience or dissatisfaction with the Website (e.g., slow loading times).
- Damages arising from product use (e.g., skin irritation from a foundation—see our Refund Policy for remedy).
- Third-party conduct (e.g., unauthorized access to your Account by a hacker).
Our total liability to you for any claims arising from or related to the Website (whether in contract, tort, or otherwise) shall be limited to $100 USD. This limitation applies regardless of whether the claim is based on a breach of contract, negligence, or any other legal theory.
Some jurisdictions do not allow the limitation of liability for certain damages, so the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, employees, officers, directors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
- Your use of the Website or violation of these Terms.
- Your Account activities (including unauthorized use by others).
- Your violation of any laws, regulations, or third-party rights (e.g., infringing on our intellectual property, defaming another User).
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such matters.
11. Changes to These Terms
We may update these Terms from time to time to reflect changes in laws, regulations, or our business practices (e.g., new features on the Website, updated security measures). When we make changes, we will post the revised Terms on the Website and update the “Last Updated” date at the top of this page.
Your continued access to or use of the Website after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of any updates.
12. Termination
These Terms will remain in effect as long as you use the Website. We may terminate these Terms (and your access to the Website) at any time, without prior notice, if you violate these Terms or for any other legitimate reason.
Upon termination, your right to use the Website will immediately cease, and any provisions of these Terms that by their nature should survive termination (e.g., intellectual property rights, disclaimers, limitation of liability, indemnification) will remain in effect.
13. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
Any disputes arising from or related to these Terms or your use of the Website shall first be resolved through good-faith negotiation between you and us. If negotiation fails, the dispute shall be submitted to binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.
You waive any right to a jury trial in connection with any dispute arising from these Terms or your use of the Website.
14. Contact Information
If you have any questions, concerns, or requests related to these Terms of Use, please contact our customer service team at:
Email: [email protected]
By accessing or using Lauragellen.com, you acknowledge that you have read, understood, and agreed to these Terms of Use in full.