Lyra Beauty Care Terms of Service
Welcome to the official website of Lyra Beauty Care. Lyra Beauty Care provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any Lyra Beauty Care service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. Lyra Beauty Care reserves the right to modify this website and these terms and conditions at any time.
Accessing, browsing, or otherwise using the website indicates your agreement to all the terms and conditions in this Agreement. Please read this Agreement carefully before proceeding.
1. Website Usage Rules
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or legal guardian.
Subject to the terms and conditions of this Agreement, Lyra Beauty Care hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser solely for the purpose of shopping for personal items sold on the Site. You may not use the Site for any commercial purpose or on behalf of any third party without Lyra Beauty Care’s prior explicit written permission. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without prior notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Lyra Beauty Care in writing. You may not make any commercial use of any information provided on the Site or use the Site for the benefit of another business without Lyra Beauty Care’s prior explicit written approval.
Lyra Beauty Care reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Lyra Beauty Care believes that customer conduct violates applicable laws or infringes upon Lyra Beauty Care’s legitimate interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) contains any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or programs.
Lyra Beauty Care may assign you a password and account ID to enable you to access and use certain sections of this Site. Each time you use a password or account ID, you will be deemed authorized to access and use the Site in compliance with the terms and conditions of this Agreement, and Lyra Beauty Care has no obligation to investigate the authorization or source of any such access or use.
You shall be solely responsible for all access to and use of this Site by anyone using the password and account ID originally assigned to you, whether or not such access or use is actually authorized by you, including without limitation, all communications, transmissions, and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and account ID assigned to you. You shall immediately notify Lyra Beauty Care of any unauthorized use of your password or account ID, or any other breach or threatened breach of this Site’s security.
2. Reviews and Comments Rules
Unless otherwise provided elsewhere in this Agreement or on the Site, anything you submit or post to the Site and/or provide to Lyra Beauty Care, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") shall be treated as non-confidential and non-proprietary. By submitting or posting such content, you agree to irrevocably license the Submissions and all related intellectual property rights (excluding moral rights such as authorship) to Lyra Beauty Care free of charge.
Lyra Beauty Care shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Lyra Beauty Care and shall not be returned to you; you agree not to raise any disputes regarding Lyra Beauty Care’s use of such Submissions in the future.
You warrant that your Submissions, in whole or in part, are free of any intellectual property infringement, ownership disputes, or third-party claims. Lyra Beauty Care assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify Lyra Beauty Care against any losses incurred due to the use of your Submissions for any purpose.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Lyra Beauty Care the right to use the name associated with your review, comment, or other Content in connection with such content. You represent and warrant that you own or otherwise control all rights to the reviews, comments, and other Content you post on this Site, and that Lyra Beauty Care’s use of such content will not infringe upon or violate the rights of any third party. You may not use a false email address, impersonate another person, or otherwise mislead Lyra Beauty Care or third parties regarding the origin of any Submissions or Content. Lyra Beauty Care may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
3. Copyright Notice
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names, software and other content on the Lyra Beauty Care website (collectively, "Site Content") belong exclusively to Lyra Beauty Care or its respective content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any Site Content in any manner not permitted by Lyra Beauty Care without Lyra Beauty Care’s express prior written consent.
The use of data mining, robots, or similar data gathering and extraction tools on the Lyra Beauty Care Site, as well as the use of Lyra Beauty Care trademarks or service marks in meta-tags, is strictly prohibited. You may view and use Site Content only for your personal information, shopping, and ordering purposes on the Site, and for no other purpose.
The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to Lyra Beauty Care. You may not use Lyra Beauty Care’s Site Content or Compilation in any manner that disparages or discredits Lyra Beauty Care, or is likely to cause confusion or violate applicable laws or regulations.
All software used on this Site (the "Software") is the property of Lyra Beauty Care and/or its software suppliers. The Site Content, Compilation, and Software are all protected under state, national, and international copyright laws. All rights not expressly granted are reserved by Lyra Beauty Care, and violators will be prosecuted to the fullest extent of the law.
Lyra Beauty Care recognizes and respects all copyrights and trademarks. Accordingly, any names or titles related to television, motion pictures, music, film festivals, or other media are not affiliated with Lyra Beauty Care and are the sole property of their respective copyright or trademark holders. The press-on nails sold on our Site are designed with inspiration from fashion trends and feature original recreations; they are not authorized, endorsed by, or affiliated with any relevant IP parties, and do not constitute infringement of any registered trademarks or copyrights.
4. Intellectual Property Infringement Policy
It is Lyra Beauty Care’s policy to take appropriate action as necessary to comply with all relevant state, federal, and international laws regarding material claimed to infringe any trademark, copyright, patent, or other intellectual property laws. If you are an intellectual property rights owner and believe that goods and/or services sold, offered for sale, or made available by Lyra Beauty Care infringe your intellectual property rights, please submit the following complete information to file an infringement claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of the precise location of the allegedly infringing material on the Site (product URL);
4. Reasonably sufficient information to allow us to contact you, including your address, telephone number, and email address;
5. A written statement by you indicating that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights you claim are infringed by the Site (e.g., "XYZ copyright", "ABC trademark, Reg. No. 123456, registered January 1, 2004", etc.);
7. A written statement by you that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, under penalty of perjury.
5. Termination and Effect of Termination
In addition to any other legal or equitable remedies, Lyra Beauty Care may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site; Lyra Beauty Care shall, in addition to any other legal or equitable remedies, immediately revoke all passwords and account IDs issued to you and deny your access to and use of this Site in whole or in part.
Termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
6. Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale governing the sale of each product on this Site, this Site, the products offered for sale on the Site, and the transactions conducted through the Site are provided by Lyra Beauty Care on an “AS IS” and “AS AVAILABLE” basis.
Except as expressly set forth herein, Lyra Beauty Care makes no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, materials, or products contained on this Site. To the fullest extent permissible by applicable law, Lyra Beauty Care disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration.
This Site may contain inaccuracies, errors, or typographical mistakes. Lyra Beauty Care does not warrant that the Site Content will be uninterrupted or error-free. To the maximum extent permitted by law, Lyra Beauty Care shall not be liable for any damages of any kind arising from the use of this Site, including, but not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages.
To the maximum extent permitted by applicable law, Lyra Beauty Care’s total liability to you for any damages (regardless of the basis for the claim) shall not exceed the aggregate amount of fees actually paid by you to Lyra Beauty Care during the month immediately preceding the act allegedly giving rise to liability.
7. Order Acceptance
Please note that we may be unable to accept and must cancel certain orders. Lyra Beauty Care reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Situations that may result in order cancellation include, without limitation, quantity limitations for purchase, inaccuracies or errors in product or pricing information, or issues identified by our credit and fraud prevention department.
We may require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled, or if additional information is required to process your order.
8. Typographical and Pricing Errors
While Lyra Beauty Care strives to provide accurate product and pricing information, pricing or typographical errors may occur. Lyra Beauty Care cannot confirm the price of an item until after you place your order. In the event that an item is listed at an incorrect price or with incorrect information due to a pricing or product information error, Lyra Beauty Care shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item.
In the event of an item mispricing, Lyra Beauty Care may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
9. Multi-Currency Pricing
Pricing for products sold by Lyra Beauty Care is based on calculations in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars using the most current exchange rates. Due to currency value fluctuations, prices displayed in non-U.S. currencies on areas of the Site other than individual product pages may not be the most current. These areas include, but are not limited to, promotional banners, promotional pages, and product category page information.
The price displayed on an individual product page, regardless of currency denomination, is the current price you are obligated to pay to Lyra Beauty Care, excluding shipping fees.
10. External Links
This Site may contain links to other websites on the Internet owned and operated by third parties. You acknowledge that Lyra Beauty Care is not responsible for the operation or content of any such third-party websites.
11. Remedies
You agree that Lyra Beauty Care’s remedies at law for any actual or threatened breach of this Agreement would be inadequate, and that Lyra Beauty Care shall be entitled to specific performance or injunctive relief, or both, in addition to any damages it may legally recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorney’s fees.
No right or remedy of Lyra Beauty Care shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorney’s fees, and related expenses.
No waiver by Lyra Beauty Care of any right or remedy under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.