La Perla Beauty Website Terms of Use

These Terms of Use (the “Agreement”) are a legal agreement between You (either an individual or an entity) and La Perla Beauty regarding the use of La Perla Beauty’s website and related websites (collectively “the Website”) and Services and products offered through the Website which may include user or other documentation that is available “on-line” or in other modes of electronic form (the “Content”). La Perla Beauty owns and operates this site, and by visiting, accessing and using the La Perla Beauty Website, you consent to the Terms of this Agreement. Please read these Terms carefully before using the Website.

By using the Website and/or Services and/or registering with us, you are agreeing to these Terms of Service. If you do not agree to these Terms of Use, do not access the Website or otherwise use the Services.

1.1. If you register an account with us, you are responsible for keeping your password and username confidential and for all activities that are carried out using them. You agree to notify us immediately by email to customercare@laperlab.com if you become aware of or suspect any unauthorised use of your password or username.

1.2. Acceptable Use: Your promises to us

1.2.1. You confirm that: (a) all information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account; and (b) you will comply with the restrictions on your use of the website as set out in these terms.

1.2.2. You agree that in using the website you will not: (a) use the website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the website less efficient or violates applicable laws or regulations; (b) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website security measures.

1.2.2.1. Upload, post, transmit, install or otherwise make available any material or device that contains software viruses, malware, or malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment located on La Perla Beauty’s network or any third party network;

1.2.2.2. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

1.2.2.3. Use, monitor, copy, or harvest information and data from the Service through the use of any automated means, including, but not limited to, deep-links, page scrapes, scripts, agents, robots, spiders or other automatic device, program, algorithm or similar methodology.

1.2.2.4 Make commercial use of the site or its contents in order to gain a competitive advantage, for marketing purposes (including, third-party solicitations); collect and use any product listings, descriptions, photographs or prices displayed on the Site in connection with competing with La Perla Beauty or for other commercial purposes; or create, reproduce and/or distribute any materials derived from the content provided on this site;

1.2.2.5. Attempt to gain unauthorized access to La Perla Beauty’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the site.

1.3. Rights granted and rights reserved

1.3.1. We reserve the right to suspend, restrict or terminate access to the website or any part of it at any time without notice. We endeavor to ensure that the website is always available but do not guarantee that it will be available uninterrupted or error free.

1.3.2. We are the owner or the licensee of all website design, text, graphics and software. Your use of the website and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties.

1.3.3. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, reverse engineer, communicate to the public or distribute in any way the web pages or materials on the website or the computer codes of elements comprising the website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content for the purpose of viewing it, provided that no more than one copy of any information is made.

1.3.4. Any use other than that permitted may only be undertaken with our prior express permission.

a. LICENSE TO USE YOUR CONTENT
You hereby provide an irrevocable, non-exclusive, worldwide license to La Perla Beauty of any intellectual property rights, whether copyrights, trademarks, trade dress, patents, trade secrets, rights of publicity or right of privacy, which you may have in any Content or other materials (the “Licensed Materials”) which you may provide to the System so as to, among other things, allow La Perla Beauty (a) to operate and maintain the System for its intended uses as specified in this Agreement, (b) to maintain and reproduce such Licensed Materials within the System as permitted by applicable law, (c) to provide access to such Licensed Materials to approved users, and (d) to incorporate such anonymized Licensed Materials into derivative works as permitted by law, including, but not limited to, publications concerning statistical research, statistical compilations and reports on or about the System.

b. DMCA COMPLIANCE
1) Millennium Copyright Act (“DMCA”), La Perla Beauty may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion in the System of information that you provide violates their copyrights. In so doing, La Perla Beauty may elect to remove (or require you to remove) such allegedly infringing information from the System unless you object to the allegation of infringement, in which case La Perla Beauty in its sole discretion may elect to maintain or restore the allegedly infringing information to the System pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA. You will cooperate fully with La Perla Beauty to assure compliance with the DMCA upon receipt by La Perla Beauty of any “take-down” notice issued by any third party, and in so doing, to promptly inform La Perla Beauty whether you object to any such “take-down” notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.

2) Notice and Procedure for Making Claims of Copyright Infringement

La Perla Beauty respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide La Perla Beauty’s copyright agent the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or works that you claim have been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. La Perla Beauty’s Copyright Agent for notice of claims of copyright infringement on the La Perla Beauty Site can be reached as follows:

La Perla Beauty

ATTN: DMCA Copyright Agent

Email: datasecurity@laperlab.com

Please note that this procedure is exclusively for notifying La Perla Beauty and its subsidiaries that your copyrighted material has been infringed.

1.4. Links to and from other websites

1.4.1. You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.

1.4.2. You may not frame our website nor may you create a link to any part of our website other than the home page unless we give you written permission (which we may withdraw at any time).

1.5. Privacy

1.5.1. Protecting your privacy is important to La Perla Beauty. We may monitor your usage of the Website and/or Services, subject to the terms of our Privacy Policy, (Hyperlinked here) La Perla Beauty reserves the right to change its Privacy Policy, at its sole discretion, without specific notification other than posting an update on its website.

1.6. Security

1.6.1. La Perla Beauty will endeavor to protect your information using reasonable security measures through its third-party website hosting and operations providers. While the security measures are expected to reasonably protect your information and your use of the Website and/or Services, La Perla Beauty and its third-party website operations and hosting providers does not warrant that your data will be completely secure. There are risks inherent in placing information on and accessing information from the Internet if you have any concerns regarding the security of your information or the use of the Internet to access your information through the Services or you should consider not creating a La Perla Beauty account.

a. Site Security: Violating the security of the Website is prohibited and may result in criminal or civil liability. La Perla Beauty may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.

b. Third-Party Links: The Website may contain links or references to other independent third-party websites (the “Linked Sites”). The Linked Sites are provided solely as a convenience to you and an information resource. The Linked Sites are not hosted by or on La Perla Beauty’s servers or under La Perla Beauty’s control, maintained by La Perla Beauty or affiliated with any services provided by La Perla Beauty. La Perla Beauty is not responsible for the content, security, availability, accuracy or practices of the Linked Sites and expressly disclaims any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in said links or Linked Sites. You assume all risk and responsibility You or an agent, servant, employee or End User clicks on a link on the Website and You, on Your and their behalf, irrevocably waive any claim against La Perla Beauty for use of the Linked Sites.

1.7. Indemnification

1.7.1. You agree to indemnify, defend and hold harmless La Perla Beauty and its directors, officers, employees, agents, successors and permitted assigns, from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (a) your use of our Services; or (b) any negligence, misconduct, or breach of this Agreement by you; (c) the actions of any person gaining access to the Services or System under a user ID or other unique identifier assigned to You assigned to you; (d) Your negligence or willful misconduct. In this Agreement, “Claims” means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including without limitation reasonable attorneys’ fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract, tort, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third party actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal.

1.8. DISCLAIMERS; NO WARRANTIES

1.8.1. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE CONTENT AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SERVICES OR CONTENT. LA PERLA BEAUTY MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LA PERLA BEAUTY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS.

a. YOU AGREE THAT LA PERLA BEAUTY TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, DEFECTS IN COMMUNICATION LINES, DEFECTS OR DEFICIENCIES IN INTERNET ACCESS OR BY YOUR INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.

b. Unauthorized Access; Lost or Corrupt Data
LA PERLA BEAUTY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SERVICES OR SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SERVICES OR SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE.

c. Carrier Lines

YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, "CARRIER LINES") OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.

1.9. Limitation of Liability

1.9.1. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES AND THE INFORMATION CONTAINED THEREIN. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LA PERLA BEAUTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, UNLESS THE INABILITY TO USE THE WEBSITE OR CONTENT RESULTS FROM THE INTENTIONAL CONDUCT OR GROSS NEGLIGENCE OF LA PERLA BEAUTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LA PERLA BEAUTY MAKES NO WARRANTY OR REPRESENTATION THAT THE INFORMATION OR FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS. FURTHERMORE, LA PERLA BEAUTY DOES NOT WARRANT THAT ALL ERRORS, DEFECTS OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES LA PERLA BEAUTY ASSUME ANY LIABILITY FOR FAILURE TO PROVIDE SUPPORT SERVICES AND TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL LA PERLA BEAUTY BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. IF ANY PART OF THIS LIMITAITON OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LA PERLA BEAUTY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUDRED DOLLARS ($100) USD.

2.1. Other Important Terms

2.1.1. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

2.1.2. Severability and Complete Understanding.

If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. La Perla Beauty’s failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between La Perla Beauty and you or any other party be deemed to modify any provision of this Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that any waivers and modifications must be in writing and signed by both parties