TERMS AND CONDITIONS

Our Platform is not meant to be used by anyone under the age of eighteen (18) and we do not target persons under this age. Only Users who have registered and created a user account (a “User Account”) can access our Platform.

By creating a User Account, you hereby represent and warrant that (a) all information provided on a User Account is true to the best of your knowledge; (b) you will not post, upload, or transfer through a User Account any information or content in violation of these terms; and (c) you agree to update changes to your User Account in a reasonable timeframe.

Please be aware that certain information you provide to us will be publicly viewable by third parties on your account. This information includes, without limitation, your username, bio, and pictures. Please ensure that your content is not in violation of any law or the rights of any third-parties.

You are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account.

We reserve the right to refuse or terminate access to our Platform to any User for any reason, with or without notice, in our sole discretion.

Finally, while we do take steps to ensure that all users on our Platform are human, we do not conduct comprehensive background checks and cannot guarantee anything about the persons who are Users on our Platform, including age, height, background, criminal history, or similar. By signing up for our Platform, you expressly understand and agree that it is your sole responsibility to communicate with other Users effectively and efficiently prior to meeting up in real life, including finding out all pertinent background details, at your discretion, of other Users. We strongly recommend that you take the time to get to know someone before meeting up in person so that you have a good feeling about who the person(s) you are meeting up with.

By creating a User Account and using our Platform, each User hereby represents and warrants that:
– You are at least eighteen (18) years old;
– You have the ability to enter into and be bound by these Terms;
– Your User Account, and all content found therein, is true and correct to your best belief and knowledge;
– You have not been convicted of a felony and are not required to register as a sex offender;
– Your User Account will only be used by you and no other person; and
– You are responsible for all content you post on our Platform and your conduct on or off our Platform.

We offer a monthly, quarterly, or yearly subscription for use on our Platform (“Subscription Service”). Current pricing will be available on our Platform at the time of purchase.

WHEN YOU PURCHASE A SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (I) LIPSTICKS AND CUFFLINKS OR OUR THIRD-PARTY PROCESSOR IS AUTHORIZED TO CHARGE YOU ON A MONTHLY OR OTHER BASIS FOR YOUR SUBSCRIPTION SERVICE FOR AS LONG AS THE SUBSCRIPTION CONTINUES; AND (II) YOUR SUBSCRIPTION WILL CONTINUE IN PERPETUITY UNLESS CANCELLED OR SUSPENDED.

If you want to terminate your Subscription Service, you need to terminate your Subscription Service in accordance these Terms. Cancellation must be done through our Platform and will be effective as of the next billing date.

Once you purchase a Subscription Service, unless otherwise required by law, no refunds shall be given and are non-refundable for any reason. If you live in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, You may cancel your Subscription Service without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.

We also offer add-on services. The terms of which can be found on our Platform at the time of purchase.

All prices are shown in U.S. Dollars. We reserve the right to change the pricing of our Subscription Service, provided that we will provide you thirty (30) days advance written notice of such changes. We reserve the right to reject the use of our Platform to anyone and for any reason. We also reserve the right to add or discontinue the certain services found on our Platform at any time.

If your payment for your Subscription Service does not go through, your use of our Platform will be immediately halted and will be suspended until all payments are made.

When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards. By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your purchase of a Subscription Service or any of our other services, if any. You agree that you are responsible to pay for and will pay for all such charges.

You acknowledge and agree that you assume all of the risk when using our Platform, including but not limited to online interactions and in person interactions. You agree that it is your sole responsibility to protect your personal information, to get to know other Users, and ensure that you have taken necessary precautions prior to and during in-person meetings.

BY USING OUR PLATFORM, YOU HEREBY EXPLICITLY UNDERSTAND AND AGREE THAT IF YOU HAVE A DISPUTE, ISSUE, DEMAND, ACTION, OR SIMILAR WITH ANOTHER USER, THIS DISPUTE IS UNIQUE TO THAT PERSON OR PERSONS AND LIPSTICKS AND CUFFLINKS IS NOT A PARTY TO THIS DISPUTE. YOU HEREBY RELEASE LIPSTICKS AND CUFFLINKS AND ITS OWNERS, AGENTS, PARENTS, SUBSIDIARIES, AND AFFILIATED COMPANY FROM ALL DAMAGES, ACTIONS, DEMANDS, LIABILITIES, OR SIMILAR, KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED TO YOUR DISPUTE WITH A USER ON OUR PLATFORM.

By uploading or posting content on our Platform, each User hereby grants to Lipsticks and Cufflinks, a limited, worldwide, nonexclusive, non-assignable, royalty free right and license to reproduce, store, copy, transmit, publish, post, broadcast, display, distribute, adapt, modify, and use your content in connection with our Platform. This license also grants Lipsticks and Cufflinks the ability to use your Listing, or any content found therein, for promotional, advertisement, and marketing purposes, including on our Website and social media accounts.

By posting content of any kind on our Platform, you represent and warrant that: (a) the content you post is owned or licensed by you; (b) if the content is not owned or licensed by you, that you have the necessary consents or permissions to use said content; (c) your content will not infringe on the intellectual property rights of any third-parties; and (d) your content will not violate any other applicable laws.

You do not transfer ownership of any content you create simply by posting or uploading it on our Platform. All content you post will be and remain owned by you.

You understand that by posting content on our Platform you have no expectation of privacy your content.

Your content should be appropriate for all ages.

BY USING OUR SERVICES, YOU AGREE, REPRESENT, AND WARRANT THAT NONE OF YOUR USER-GENERATED CONTENT WILL VIOLATE ANY LAWS, OR WILL BE ABUSIVE, ABHORRENT, HARRASSING, INTIMIDATING, OR DISCRIMINATORY. YOU AGREE THAT LIPSTICKS N’ CUFFLINKS SHALL BE PERMITTED TO DELETE ANY ABUSIVE CONTENT OR SUSPEND YOUR ACCOUNT FOR ABUSIVE CONTENT, IN OUR SOLE DISCRETION.

Lipsticks and Cufflinks reserves the right to remove or delete any content of any kind posted by you on our Platform for any reason, in its sole discretion.

We enable our Platform Users to communicate directly with other Users.

Our messages system may not be used for any of the following:
– Sending unsolicited advertising or promotions
– Spam;
– Harassing or abusing another member;
– Doxing; or
– Anything else that is illegal, immoral, unethical, abhorrent, or abusive.

Lipsticks and Cufflinks reserves the right to suspend or cancel your Platform privileges for any of these reasons, or any other reasons in the sole discretion of Lipsticks and Cufflinks.

You are prohibited from using our Platform:
– for any unlawful purpose;
– to solicit others to perform or participate in any unlawful acts;
– to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
– to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
– to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
– to submit false or misleading information;
– to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform;
– to collect or track the personal information of others;
– to spam, phish, pharm, pretext, spider, crawl, or scrape;
– for any obscene or immoral purpose; or
– to interfere with or circumvent the security features of the Platform.

We reserve the right to terminate your use of our Platform for violating any of the prohibited uses.

In addition to the prohibitions above, you are not permitted to take part in any of the foregoing on the Platform:

– harmful or dangerous content;
– hateful content;
– harassment or bullying;
– spam or scamming;
– threats;
– any other act or actions that are immoral, unethical, or abhorrent.

Lipsticks and Cufflinks does not condone or endorse any form of payments in return for sexual favors.

We have the right to monitor your use of our Platform for purposes of compliance with these Terms, applicable law, or other platforms where our application is hosted.

If you become aware of any violation of these Terms, our Community Guidelines, or that another user has violated any of our prohibited conduct listed above, please flag any of the aforementioned objectionable conduct by following the instructions listed on Platform or send us an email to the email address listed below with the objectionable conduct, the account, and any other information you believe is relevant.

If someone is harassing, bullying, or has sent objectionable content to you through our Platform, you are also able to block that specific User from messaging you again. If you have blocked another User, this will automatically send us a record of that User being blocked.

We take seriously all alleged or actual violations of these Terms, including objectionable conduct on the part of a User.

All reports of objectionable conduct will be addressed within 24 hours. Repeated flags or warnings about objectionable conduct may have your account suspended or permanently banned. Certain violation of these Terms, our Community Guidelines, or other objectionable content may be automatically blocked by the filtering system we have put into place.

We reserve the right to terminate your use of our Platform for violating any of these community guidelines.

The contents of our Platform are protected by United States and international copyright laws. The contents of our Platform are owned exclusively by Lipsticks and Cufflinks or licensed to us.

You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Platform (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Lipsticks and Cufflinks.

Lipsticks and Cufflinks and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Lipsticks and Cufflinks. All rights in these Marks are reserved by Lipsticks and Cufflinks. You may not use any Lipsticks and Cufflinks-provided Marks or other logos or graphics, without our prior written consent.

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Platform. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download our Platform or any and/or all content except as is necessary to view and/or use our Platform; (b) make any use of our Platform or any and/or all content other than uses consistent with regular use; (c) modify, reverse engineer or create any derivative works based upon either our Platform or any and/or content posted therein; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by you of our Platform automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.

Lipsticks and Cufflinks respects the intellectual property rights of others and expects you to do the same when you use our Platform. Below is our Digital Millennium Copyright Act (“DMCA”) policy. The notification process outlined here is consistent with the statutory requirements and protects Lipsticks and Cufflinks from copyright infringement claims as a ‘service provider’.

We reserve the right to block access to and/or attempt to remove material that we believe in good faith to be copyrighted material or that is flagged by a third-party. We also reserve the right to discontinue or block repeat offenders from using our Platform.

DMCA Takedown

If you are accused of copyright infringement by a third-party, we require all of the following in the DMCA Takedown:
– a physical or electronic signature of the owner of the copyright (or a person authorized to act on behalf of the owner);
– sufficient detail about the copyrighted work claimed to have been infringed;
– identification of the URL or other specific location on our websites that contains the material that the accuser claims infringes their copyright;
– the name, mailing address, telephone number and email address of the accuser;
– a statement that the accuser has a good faith belief that such disputed use of the copyright materials is not authorized; and
– a statement that the information in the notice is accurate, and the accuser attests under penalty of perjury, that they are the copyright owner or that you are authorized to act on behalf of the copyright owner.

Upon receipt of a DMCA Takedown, we typically remove the allegedly infringing material within twenty-four (24) hours, unless we have reason to believe it was sent in error, is not truthful, or for any other legitimate reason.

DMCA Counter-Notice

If you believe that your content (whether picture, video, writing, or other content) is not infringing on the rights of a third-party copyright holder, or if you have authorization to use the allegedly infringing content from the copyright holder, the holder's agent, or pursuant to law, please send us a DMCA Counter-Notice containing all of the following:

Your physical or electronic signature;

Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts in Charlotte, North Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notice is received by Lipsticks and Cufflinks, Lipsticks and Cufflinks may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) to fourteen (14) days.

Unless the copyright owner files an action seeking a court order against Lipsticks and Cufflinks or the person/entity who has posted allegedly infringing content, the removed content will be reinstated ten (10) to fourteen (14) days later.

Repeat Offender Policy

Lipsticks and Cufflinks does not tolerate copyright infringement or any violation of the intellectual property rights of Lipsticks and Cufflinks or of others. Lipsticks and Cufflinks reserves the right to terminate the access and/or use privileges of any person or entity who has been determined to be a “repeat infringer”.

Each user of our Platform is an independently contracting third-party with respect to Lipsticks and Cufflinks, and not an employee of Lipsticks and Cufflinks. Nothing contained in these Terms shall be regarded as creating an employment, joint venture, or partnership relationship between Lipsticks and Cufflinks and users of the Platform. Lipsticks and Cufflinks is not responsible for the conduct of Users or Users, subject to applicable law.

User shall have no authority to bind Lipsticks and Cufflinks by any promise or representation unless specifically authorized in writing by Lipsticks and Cufflinks. User shall not represent to any third party, or hold himself out to any third party, as having such authority unless previously so authorized by Lipsticks and Cufflinks.

Finally, all conduct of any kind on our Platform is the sole responsibility of the User and not Lipsticks and Cufflinks.

These Terms will remain active and in full force and effect so long as they are posted on our Platform.

Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to descriptions, promotions, offers, etc. We reserve the right to correct any errors, inaccuracies or omissions, at any time.

OUR Platform IS provided 'as is' and, to the extent permitted by applicable law, Lipsticks and Cufflinks and its OWNERS, directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.

We expressly disclaim any liability for loss or damage sustained by you as a result of USING our PLATFORM.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LIPSTICKS AND CUFFLINKS EXCEED THE TOTAL AMOUNT RECEIVED BY LIPSTICKS AND CUFFLINKS IN CONNECTION WITH YOUR SUBSCRIPTION SERVICE.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR PLATFORM OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

You agree to defend, indemnify and hold Lipsticks and Cufflinks, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from (i) your use of our Platform; (ii) your breach of these Terms; or (iii) breach of applicable law.

Please refer to our Privacy Policy which includes information about how we collect, use, and disclose information about you. If you are a California resident, please also review our additional privacy disclosures that are directed towards you.

In order to operate and provide the best experience on the Platform, we may collect certain information about you. You acknowledge that when you use our Platform, we may use various automatic means, which include but are not limited to, cookies and web beacons, to collect information about your mobile device, computer, and about your use of our Platform.

Moreover, you explicitly agree that we may use any information we collect from you or information you provide to us in connection with our Platform for other reasons such as data analysis, developing new products, sending marketing campaigns, creating content, enhancing, improving or modifying our Platform, identifying usage trends, determining the effectiveness of our campaigns and any reasonable reason(s) connected to our business, subject to applicable law.

Our full Privacy Policy is shown on our Platform.

Entire Agreement. These Terms contains the entire agreement between you and Lipsticks and Cufflinks.

Waiver. The failure by Lipsticks and Cufflinks to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.

Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Lipsticks and Cufflinks prior written consent.

Applicable Law/Dispute Resolution. These Terms shall be governed by the laws of the State of North Carolina. Any dispute arising from these Terms shall be subject to binding arbitration in Charlotte, North Carolina. The prevailing Party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Lipsticks and Cufflinks and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located. Should either party forego arbitration, that party shall be barred from recovering their attorneys’ fees or costs.

Class Action Waiver. To the extent permitted by applicable law, you and Lipsticks and Cufflinks agree that any dispute arising out of these Terms or the Platform is personal to you and Lipsticks and Cufflinks and that any disputes, if any, will be resolved solely through individual arbitration, and will not be brought as a class arbitration, class action or any other type of similar proceeding.

Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

Updates. We recommend that you check the Terms periodically for updates.

We welcome feedback, suggestions, complaints, comments, and other input, which enables us to continue to improve our Platform based on the input of our Users (“Feedback”). Please send all Feedback to the email listed below.

By sending us Feedback, you hereby acknowledge and agree that Lipsticks and Cufflinks shall be given an irrevocable, limited, royalty-free, worldwide license to use your Feedback in connection with our business. You acknowledge and agree that no compensation will be provided for the license granted in this paragraph and you accept the consideration of providing you access to our Platform as consideration for this license.

Lipsticks and Cufflinks shall take and bear no responsibility and assume no liability for any Feedback submitted by you, including for any claims brought by third parties alleging a form of intellectual property claim. By submitting Feedback to us, you hereby acknowledge and agree that you will indemnify and hold harmless Lipsticks and Cufflinks and our agents, employees, owners, parents, subsidiaries, affiliates, and similarly situated companies or persons from any claims, demands, actions, proceedings, or similar from any third-party intellectual property matter(s).

If you have any questions or comments regarding these Terms, please feel free to contact us by email at info@lipsticksncufflinks.com.