Terms of Service

Lime Crime Terms of Service

Last updated:  November 03, 2022

Lime Crime, Inc. (sometimes referred to as “Lime Crime”, “we”, “us” and “our”) has adopted these Terms of Service (“Terms”) to govern our users’ (“user” “you” or “your”) use of our website and other online services we provide (collectively, the “Platform”).  Please read the Terms carefully before using the Platform.  By using the Platform, you agree to comply with and be bound by these Terms.  If you do not agree to the Terms, you should not use the Platform.

Subscription Service

Lime Crime provides a subscription service pursuant to which our products may be purchased by way of subscription rather than simply as one-time purchases.  By subscribing to our subscription service, you have confirmed that you also accept and will abide by these Terms.  Product purchases will take place online.  When you visit a product page, you will be able to purchase the product either on a one-time basis or, in the alternative, subscribe to purchase the product on a recurring basis. 

Our subscription service provides you with three auto-repurchase options including auto-repurchases on either 30, 60, or 90 day intervals. By signing up for our subscription service, you may receive a 10% discount on such subscribed for products.  Moreover, prior to each auto-repurchase through our subscription service, you will receive notice that the purchase is about to be made and you will be given an opportunity to update and/or make adjustments to your subscription at that time and prior to such delivery.

Your subscription will automatically renew on a recurring basis at which time your credit card will be charged automatically for the subscribed for products until you cancel or otherwise make adjustments to your subscription.  Taxes and shipping fees may apply to each purchase.  You may cancel your subscription at any time.  Simply go to the “Subscriptions” section of your account and follow the instructions, accordingly.

Agreement

These Terms are an agreement between you and us that specifies the terms and conditions for your access to, and use of, the Platform.  We may modify these Terms at any time by posting a modified Terms of Service on the Platform and/or emailing you to let you know about such modifications.  Any modifications shall be effective immediately, and your continued use of the Platform after any modifications constitute acceptance of such modifications.  You can view the most recent version of these Terms at any time on the Platform.

Other Terms and Policies 

When using our Platform, in addition to these Terms you are also subject to any posted policies, guidelines or rules applicable to use of the Platform and any services provided through the Platform including, but not limited to, the Privacy Policy, Authorized Retailer Terms & Conditions and Messaging Terms & Conditions (collectively, “Other Terms and Policies”).  The Other Terms and Policies, and any other terms and conditions meant by their nature to be incorporated into these Terms, are hereby incorporated.  We reserve the right, and you authorize us, to use and disclose information regarding your use of the Platform and all information provided by you in any manner consistent with our Privacy Policy and in accordance with all applicable laws and regulations.  We further reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Electronic Communications

You consent to receive electronic communications from us and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.

Changes to Products, Services and Prices

We reserve the right to make changes to the services, products and prices listed on the Platform, and to other content on the Platform, at any time without providing you prior written notice of such changes.  We also reserve the right to correct any typographical errors, inaccuracies or inconsistencies found on the Platform, at any time without providing you with prior written notice of such changes.

You are responsible for all applicable taxes relating to the use of the Platform and acknowledge that there may be third-party fees related to your use of the Platform which are not included in the prices we charge, such as fees to Internet service providers and providers of mobile data plans.

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 email address or 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.

Intellectual Property

All works and materials on the Platform, including text, photographs, graphics, video, audio, computer code, and other content, and the copyrights thereto are owned by us or by our third-party licensors, as applicable.  Additionally, all content or intellectual property included on the Platform is and shall continue to be our sole and exclusive property, or the property of our content suppliers, as the case may be, and is protected by law, including applicable copyright, patent, and trademark laws and regulations, and any other proprietary rights which may be associated with such intellectual property or content.

We authorize you to view, copy, download and print the information and images on the Platform subject to these Terms and the Other Terms and Policies including, without limitation, your compliance with each of the following:

• all such materials may be used solely for your personal, non-commercial and informational purposes;
• none of the materials may be modified; and
• the following copyright notice and permission notice must appear on each such document:

“© Copyright 2021 Lime Crime.  All rights reserved. Materials available from Lime Crime websites and applications are protected by the copyright laws of the United States and International Treaties.  All use of these materials is subject to the Terms of Service set forth at [insert link].”

You are prohibited from reproducing, copying, publishing, displaying, performing, modifying, creating derivative works from, transmitting, redistributing or in any way exploiting materials on the Platform for commercial purposes.  Inquiries regarding a commercial relationship with Lime Crime should be directed to customercare@limecrime.com.  We retain the right to refuse permission to use any portion of the Platform for commercial use.

We claim ownership over the TWIN UNICORN HEART LOGO (design mark)(Registration No. 5475397), DIAMOND DEW (standard character mark)(Registration No. 5424912), PLUSHIES (standard character mark)(Registration No. 5424885), HI LITE OPALS (standard character mark)(Registration No. 5267639), HI LITE BLOSSOMS (standard character mark)(Registration No. 5267638), DIAMOND CRUSHERS (standard character mark)(Registration No. 5267628), POCKET CANDY PALETTE (standard character mark)(Registration No. 5336659), UNICORN HAIR (standard character mark)(Registration No. 5229600), SUPERFOIL (standard character mark)(Registration No. 5168162), LIME CRIME (standard character mark)(Registration No. 5003478), VELVETINES (standard character mark)(Registration No. 4368645), WET CHERRY (standard character mark)(Registration No. 5556550), AQUARIUM (standard character mark)(Registration No. 5465976), LIME CRIME (standard character mark)(Registration No. 3806465), MAKEUP FOR UNICORNS (standard character mark)(Registration No. 4776689), TWIN UNICORN LOGO (design mark)(Registration No. 4447716), UNICORN LIPSTICK (standard character mark)(Registration No. 4776509) and VENUS EYESHADOW PALETTE (standard character mark)(Registration No. 6015999) trademarks, and any and all other trademarks or service marks applied for and/or registered by us with the U.S. Patent and Trademark Office or any other governmental office or agency, foreign or domestic, from time to time (collectively referred to as “our marks” or “our trademarks”). Our marks are used to identify the products and services we provide, and let the public know the source of such products and services.  You may not use our marks including, but not limited to, our trademarks, service marks, tradenames, logos, taglines, word marks, or stylized/design marks, without our prior written consent.

You may not use any of our marks (1) in a service name or publication title not associated with us, (2) in, as or as part of your own service or trademarks, (3) to identify services or products that are not ours, (4) in a way that is likely to cause confusion, (5) in a way that inaccurately implies that we endorse, sponsor, or are otherwise connected with your activities, products or services, or (6) as embedded or hidden text in webpages in an effort to cause a search of our marks to result in a hit on a page not maintained by us.

There may be trademarks, copyrights, or other intellectual property owned by or licensed to us used on the Platform, and such intellectual property may not be reproduced, copied, published, displayed, performed, modified, used to create derivative works, transmitted, redistributed or in any way exploited without our prior written consent.  Other product, service and company names mentioned on the Platform may be trademarks of their respective owners and may not be used without prior written consent from such owners.

Under no circumstances will you acquire any ownership rights or other interest in any content or intellectual property rights by or through your use of the Platform.

User Conduct

You agree that you will not:

• use the Platform for any illegal or unauthorized purposes;
• use the Platform in a way that violates these Terms or the Other Terms and Policies;
• use the Platform for any commercial purpose whatsoever other than for your personal use;
• use the Platform in a way that infringes or violates our intellectual property or other rights or the intellectual property or other rights of a third party;
• use the Platform in a way that is harmful, abusive, insulting, fraudulent, deceptive, threatening, harassing, defamatory, slanderous, disparaging, intimidating, obscene, discriminatory or otherwise objectionable;
• distribute any part of the Platform over any network, including a local area network;
• sell or offer for sale any part of the Platform;
• resell any products or services provided on the Platform without our express prior written consent;
• attempt to gain unauthorized access to the Platform or the network and servers associated with the Platform;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
• circumvent, or attempt to circumvent, security or access control technology used by the Platform or the network and servers associated with the Platform;
• interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Platform’s pages, or otherwise affect the display of the Platform’s pages;
• collect or otherwise use contact information available on the Platform for purposes of sending improper, unsolicited communications (including unauthorized or unsolicited advertising, promotional materials or other forms of solicitation) and that you will not use any of our communications facilities to deliver, or attempt to deliver, any such improper, unsolicited communications;
• collect or store personal data about others;
• copy, print, store, modify, reproduce, sell, transmit, upload, download, display in public, alter, reverse-engineer or distribute any significant portion of the Platform in any form or media;
• use the Platform in any manner that would degrade the functioning or performance of the Platform, including launching Denial-of-Service (DoS) attacks against the Platform;
• use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• run Mail list, Listserv, or any form of auto-responder or “spam” on the Platform;
• attempt to decipher, disassemble, reverse-engineer or decompile any software comprising or in any way making up a part of the Platform;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or
• use any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Platform or collect information about its users for any unauthorized purpose.

Your use of the Platform is at our discretion and we may terminate your use of the Platform at any time. Violation of these Terms may result in civil or criminal liability, and we may work with law enforcement authorities to prosecute users who violate these Terms.

Confidentiality

Lime Crime shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms or in the Other Terms and Policies, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Payments

One-Time Payments

By authorizing an online payment, you are authorizing us to make a one-time debit to the bank or card account you designate in the amount due for your purchase. If you utilize a third-party money transfer service or mobile application, your transaction may be subject to additional terms and conditions of such applications and may incur fees or charges not assessed by us. Upon completion of a payment, we will email you a receipt indicating the amount debited at your direction. Payments will be debited from your designated bank or card account on or after the date you elect to make the online payment. In the event that the online payment process requires a billing adjustment to the account, it will cancel the original withdrawal and establish a new withdrawal for the updated amount and/or payment date. If you need to update your card or bank account information at any time, you may update your banking information online by logging on to your account.

AutoPay

By enrolling in AutoPay, you are authorizing us to debit the bank or card account you designate each renewal period to automatically pay the amount due for your purchase. If you utilize a third-party money transfer service or mobile application, your transaction may be subject to additional terms and conditions of such applications and may incur fees or charges not assessed by us. Upon completion of each scheduled payment, we will email you a receipt indicating the amount and date of the payment that was automatically debited. Automatic payments in the amount owed for each purchase enrolled in AutoPay will be debited from your designated bank or card account on the date each renewal payment is due. In the event that the online payment process requires a billing adjustment to the account, it will cancel the withdrawal and establish a new withdrawal for the amount and/or payment date. If you need to update your checking or savings account information at any time, you may update your banking information online by logging on to your account.

To cancel an AutoPay payment, you will need to log in to your account and deselect the purchase at least one business day before the transaction is scheduled to occur. You may change or cancel scheduled payments up to one day before the scheduled payment date. Same day payments cannot be cancelled. You may opt out of AutoPay at any time; however changes may take up to one day to take effect. Your AutoPay program enrollment will remain active and in effect until you cancel or until an AutoPay scheduled payment is unsuccessful due to unavailability of funds for any reason. To cancel any AutoPay election or to update any account information, log in to your account. If an AutoPay scheduled payment is cancelled due to unavailability of funds, or at your election, the affected purchase(s) will no longer be enrolled in AutoPay and you will be required to contact us to make payment or log into your account and update your payment methods to provide another method of payment on or before the scheduled renewal date.

Billing

We use one or more third-party payment processors (“Payment Processors”) to bill you for your purchases on the Platform.  Our Payment Processors have their own sets of distinct privacy policies and terms of service, which may be materially different from ours.  Payment processing will be subject to the terms, conditions and privacy policies of our Payment Processors in addition to ours.  We are not responsible for any errors by the Payment Processors. By ordering Lime Crime products and services, you agree to pay us, through our Payment Processors, all charges at the prices then in effect, in accordance with the applicable payment terms, and you authorize us, through our Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your Payment Method. If we, through our Payment Processors, do not receive payment from you, you agree to pay all amounts due upon demand. We reserve the right to correct any errors or mistakes in payments.

You must provide current, complete and accurate billing information, including your billing address, credit card number, and credit card expiration date. You must promptly notify us if your Payment Method is cancelled or if any information related to your Payment Method changes.

Unauthorized Access

You may require a password and account identification to allow you to access and use certain portions of the Platform. You may provide us with certain information during the registration process, which you agree to keep accurate and updated.  Each set of login credentials is for a single user only.  To that end, you are not allowed to share your credentials with any other person.  Should we discover that multiple users are sharing your login credentials, we may suspend or terminate your access to the Platform.

Each time you use a password or identification, you will be deemed to be authorized to access and use the Platform in a manner consistent with these Terms.  We have no obligation to investigate the authorization or source of any such access or use of the Platform.  You are solely responsible for all access to and use of the Platform by anyone using your password or identification whether or not such access to and use of the Platform is actually authorized by you.  You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.  You must notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the Platform’s security.

Materials Provided to Us or Posted on the Platform

We do not claim ownership of the materials you post, upload, input, provide or submit to us by email or postal mail or on the Platform (including feedback and suggestions) or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees an irrevocable, perpetual, royalty-free, worldwide license to use your Submission in connection with the operation of our businesses in any manner including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, create derivative works from, edit, publish translate and reformat your Submission in any media or medium or any form, format or forum now known or hereafter developed, and to publish your name in connection with your Submission. Lime Crime may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any Submissions private or proprietary, you must not submit them to the public areas of the Platform, but should instead submit them to Lime Crime by email at customercare@limecrime.com with express instructions that the Submissions contained therein are private or proprietary. We try to answer every email in a timely manner, but are not always able to do so.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You agree that your Submission will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submission will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submission. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party. You are solely responsible for your interactions with other users. You agree to indemnify us and our affiliates for any and all claims resulting from your Submissions.

Lime Crime reserves the right (but is not obligated) to do any or all of the following:

• Record the dialogue in public chat rooms, including in your chats with our customer care team.
• Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
• Monitor, edit or remove content that is, as determined in our sole discretion, abusive, illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, disruptive or otherwise objectionable or that violates any party’s intellectual property or these Terms.
• Remove content that we determine in our sole discretion is old, has received few responses, is off topic or irrelevant, serves as advertisement or seems otherwise inappropriate.
• Terminate a user’s access to any or all of the Platform upon any breach of these Terms.
• Monitor, edit, or disclose any communication on the Platform.
• Edit or delete any communication(s) posted on the Platform, regardless of whether such communication(s) violate these standards.
• Monitor disputes between users.

Lime Crime reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Lime Crime has no liability or responsibility to users of the Platform or any other person or entity for performance or nonperformance of the aforementioned activities.

Audience

The Platform is not intended for any children under the age of 13. Anyone under the age of 13 is prohibited from using the Platform.  By using the Platform, you represent and warrant that you are at least 13 years old.

Links to Third Party Websites

We may provide (and permit other parties to provide) links to other websites or resources.  Because you acknowledge and agree that we have no control of such websites and resources, we are not responsible for the accuracy, reliability or availability of such websites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, information, data, opinions, advice, statements or other materials on or available from such websites or resources.  If you decide to access any of the third-party websites linked to our Platform, you do so at your own risk. Please read the terms and conditions and privacy policies of any other company or website you may link to from our Platform. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or resource. Lime Crime reserves the right to terminate any link or linking program at any time. Lime Crime disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to the Platform without Lime Crime’s prior written permission. If you are interested in linking to the Platform, please contact us at customercare@limecrime.com. If you link to the Platform without our permission, you may be subject to IP address blacklisting.

DISCLAIMER OF WARRANTIES; LIMITED LIABILITY

ANY INFORMATION PROVIDED ON THE PLATFORM IS GENERAL INFORMATION AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, TITLE AND NON-INFRINGEMENT.  WE PERIODICALLY ADD CHANGES TO OR UPDATE THE INFORMATION AND MATERIALS AVAILABLE ON THE PLATFORM WITHOUT NOTICE.  YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (1) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE CONTENT ON THE PLATFORM, (2) AVAILABILITY OF THE PLATFORM AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION, (3) ANY VIRUSES OR OTHER HARMFUL COMPONENTS PRESENT ON THE PLATFORM, (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, OR (5) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  YOU (AND NOT LIME CRIME) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF USING THE PLATFORM. ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE USE OF OUR SERVICES OR PRODUCTS.  SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY AMOUNT OR CHARACTER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (1) YOUR ACCESS TO, OR USE OF,  MISUSE OF, RELIANCE ON OR INABILITY TO USE THE PLATFORM, THE CONTENT ON THE PLATFORM OR ANY LINKED WEBSITES, (2) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU, (3) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFLECTION, DEFECT,  DELAY IN OPERATING OR TRANSMISSION OR DELIVERY, VIRUS OR LINE OR SYSTEM FAILURE OF THE PLATFORM, OR (4) THEFT OR DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, OR FILES FROM THE PLATFORM, IN EACH CASE WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM OR THE CONTENT.  IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH OUR AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO THESE TERMS (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR YOUR USE OF THE PLATFORM FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.

Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, suppliers, content providers, service providers, employees, agents, officers, directors, shareholders, members, managers, partners and contractors (collectively, the “Indemnified Parties”) harmless from your breach of these Terms or your violation of any law or the rights of a third party.  You agree that the Indemnified Parties will have no liability with respect to any such breach or unauthorized use by you, and you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ and accounting fees and costs in connection therewith.  You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of, relating to, or in connection with your use of any information, content or service accessed through the Platform.

Compliance with Laws

You agree to comply with all applicable laws and regulations with respect to your use of the Platform.  You also agree that information provided by you is truthful, complete and accurate to the best of your knowledge.  You agree to abide by all Federal, State and local laws and regulations.  If you are outside the United States, you must comply with all applicable laws and regulations with respect to your online conduct, as well as the export of data to or from the United States or to or from your country or residence.

Copyright Violations

We respect the intellectual property rights of others, and we expect our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Designated Copyright Agent:

• A description of the copyrighted work you claim has been infringed;
• The material you claim is infringing and the URL of the link shown on the Platform or the exact location where such material may be found;
• Your company affiliation (if applicable), mailing address, telephone number and email address;
• The following statement: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use). I hereby state that the information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest and such person’s full legal name.

Our Designated Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:

Attn:                Russell M. Selmont

By Mail:          9401 Wilshire Blvd., 9^th Floor, Beverly Hills, CA 90212

By Phone:       (310) 281-6368

By E-mail:      rselmont@ecjlaw.com

Governing Law

These Terms and your use of the Platform shall be governed by the laws of the State of California, as applied between residents of that state entering into contracts to be performed wholly within the State of California, without regard to its conflict of law provisions.

Disputes

Any dispute relating in any way to your visit to the Platform or to any services or products you purchase through the Platform must be submitted to confidential, binding arbitration in Los Angeles County, California. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association.  The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any award by the arbitrator shall be the sole and exclusive remedy and you hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Lime Crime agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  Some jurisdictions may not allow waivers of class/representative/collective actions, so the above waiver shall apply to the fullest extent permissible under applicable law.

Notwithstanding the foregoing, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles County, California.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, ANY SERVICE PROVIDED BY THE PLATFORM, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Remedies

You acknowledge and agree that damages for any actual or threatened breach of these Terms would be inadequate, and that we are therefore entitled to seek specific performance, injunctive relief, or both, in addition to any other damages we may legally be entitled to recover.  We may also recover reasonable expenses of any dispute resolution or legal proceeding, including reasonable attorney’s fees and legal costs.  None of our rights or remedies shall be exclusive of any other, whether at law or in equity.

Miscellaneous Provisions

These Terms and the Other Terms and Policies constitute the entire agreement between you and us with respect to your access to and use of the Platform and supersede all prior and contemporaneous agreements between you and us, if any, regarding your access to and use of the Platform.  If any of the provisions of these Terms or the Other Terms and Policies are found by a court of competent jurisdiction to be void, invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.  Our failure to exercise or enforce any right or provision of these Terms or any of the Other Terms and Policies shall not constitute a waiver of such right or provision.  Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Nothing contained in these Terms or the Other Terms and Policies or your use of the Platform shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or any goods or services provided therein with or without notice.  You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform or any goods or services.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Platform, or when you cease using our Platform. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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 Platform (or any part thereof). Your obligations and liabilities incurred prior to the termination date shall survive termination of this agreement for all purposes.

You may have other agreements with Lime Crime. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with Lime Crime.

Contact Information

If you have any questions regarding these Terms or any of the Other Terms and Policies, please contact us at:

Lime Crime, Inc.

c/o WeWork

21255 Burbank Blvd., Suite 120

Los Angeles, CA 91367

customercare@limecrime.com

 

 

 

Mobile Terms of Service

Lime Crime

The Lime Crime mobile message service (the "Service") is operated by Lime Crime (“Lime Crime”, “we”, or “us”) and a third party service provider by the name of Klaviyo (see www.klaviyo.com) that specializes in managing and operating SMS and email communications platforms. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Lime Crime’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Lime Crime through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Lime Crime. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18336279536 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Lime Crime mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +1866-LC-VENUS or email customercare@limecrimemakeup.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.