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Terms and Conditions


Thank you for visiting OC Lipstick Club’s (“OCLC,” “we,” “our,” “us”) website, mobile application, or other platforms (the “Platforms”). OCLC values and respects you, and these Terms of Use (the “Terms of Use”) are intended to form the foundation of the governing items with respect to your use of the Platforms. We may update these Terms of Use at any time. Your use of the Platforms signifies your consent to be legally bound by both these Terms of Use and the Privacy Policy. If you do not agree to either the Terms of Use or the Privacy Policy, please refrain from using the Platforms. OCLC is committed to complying with all applicable laws and regulations governing the content of the Platforms and services provided by OCLC.

NOTICE TO MINORS

OCLC aims to fully comply with all federal laws and, thus, at a minimum, you must be at least thirteen (13) years of age to use this Platforms. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Platforms and agree to these Terms of Use. No one under thirteen (13) years of age may provide any personal information, and OCLC does not knowingly collect personal information from children under the age of thirteen (13).

If you are under thirteen (13) years of age, please do not send any information about yourself to us, or to anyone else through this Site. Personal information includes, but is not limited to, your name, address, telephone number, or email address. If we learn we have collected any personal information from anyone under the age of thirteen (13), we will immediately delete that information per the requirements of the Children’s Online Privacy Protection Act and any other applicable laws. If you believe we have received information from or about a child under the age of thirteen (13), please contact us at support@LippieClub.com with the subject heading Privacy Policy. 

MEMBER ACCOUNTS

In order to use certain features of the Platforms, you may need to create an account. If the Platforms requires you to create a user account, you are only to use your user account and not the user account of another without their permission. You agree you shall immediately notify OCLC of any unauthorized use of your username, password, or any other breach of security whatsoever. In order to safeguard your security, the security of these Platforms, and the user experience of others, you agree to log out of your account at the end of each session on the Platforms. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.

As you browse these Platforms, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current, and complete. We reserve the right to disable any user identification code, username, or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of the Terms of Use, Privacy Policy, or any other applicable agreement, law, or regulation.

MOBILE APPLICATIONS

From time to time, we may offer mobile applications for public consumption and/or download (the “Apps”). Please note, Apple, Inc. and Google, Inc. or any other third party provider for the Apps may have separate Terms of Use, which must be followed. You should always read and understand the policies of any third party provider before making any purchase or downloading any of the Apps.

OCLC SUBSCRIPTIONS

OCLC offers a monthly subscription (“Monthly Subscription”) as well as other subscription types, which may vary from time to time in the sole discretion of OCLC.

AUTOMATIC RENEWAL TERMS

For OCLC subscriptions subject to automatic renewal, you agree that OCLC may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before OCLC reasonably could act.

MONTHLY SUBSCRIPTIONS

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by OCLC after the expiration date of your payment card. Each monthly charge is set to be charged on the first (1st) of each month of your subscription. If you begin your monthly subscription at any time during the ten (10) days preceding the end of a calendar month (the “Shipping Period”), then you will not be charged on the first (1st) of the first month following the month you sign up with OCLC.

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures, or (ii) contact us at support@LippieClub.com, and we can help you cancel. If you cancel, you may use your subscription until the end of your then-current subscription term; no refunds will be issued.

PAYMENT TRANSACTIONS

If you wish to purchase any product or service made available through the Platforms (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to OCLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Platforms are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Platforms does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Platforms. By placing an order, you represent that the products ordered will be used only in a lawful manner. OCLC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Platforms, you are entering into a binding contract with OCLC and agree to pay all charges that may be incurred by you or on your behalf through the Platforms, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

INTELLECTUAL PROPERTY OWNERSHIP

Unless otherwise noted, all content on the Platforms, including any names, logos, trademarks, service marks, brand identifiers, copyrights, trade dress, or other intellectual property appearing on the Platforms, including the organization, compilation, look and feel, illustrations, graphics, artworks, videos, music, software, and other works of the Platforms (the “Works”) are owned by OCLC, or used with permission of the third party (the “Owners”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. All right, title, and interest to the Works remain with OCLC and/or the Owners. Nothing herein shall be interpreted to grant you a license to use any of the Works without OCLC and/or the Owners permission.

CONTENT FROM THIRD PARTIES

Any and all content from third parties is for informational purposes only and OCLC does not verify the accuracy or truthfulness of any material. Specifically, OCLC does not independently verify information related to the ingredients or contents of any product located on the Platforms, the labeling and whether such labeling is in compliance with all applicable laws, ingredients, or any other information relating to the third party content. OCLC does not independently verify the accuracy or truthfulness with respect to the operation of any of the locations identified in the Platforms, including the hours of operation, availability of certain products/services, or otherwise.

CONTENT POSTED BY USERS

Any and all content posted by you to the Platforms, to OCLC’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content, must comply with the these Terms of Use, the Privacy Policy, any other agreement controlling your relationship with OCLC, and any applicable federal, local, or state laws and regulations.

By using the Platforms, you are agreeing to these Terms of Use, and warrant that: (i) you have obtained the necessary permissions of any and all third parties for any content posted by you; (ii) to the best of your knowledge, any and all content posted by you is truthful and accurate, and not misleading in any manner; and (iii) you are not violating any law, regulation, code, or otherwise in your posting of the content, including intellectual property, right of privacy, and defamation.

You further agree to indemnify, defend, and hold harmless OCLC from any and all liability, claim, cause of action, loss, or damages resulting from content you post to the Platforms, to OCLC’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content.

You hereby grant an irrevocable, fully prepaid, perpetual license to OCLC to use anything posted by you to the Platforms.

RESTRICTIONS ON USE

You are permitted to use the Works and/or any services and products on the Platforms for lawful purposes as provided in these Terms of Use; any other use or misuse of any of the Works is strictly prohibited. OCLC grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Works, without right to sub-license, under the following conditions: you shall not, without OCLC’s express written consent: (i) copy, re-transmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Works, or modify or re-use all or any part of the Works; (ii) use any trade name, trademark, or brand name of OCLC in metatags, keywords, and/or hidden text; (iii) create derivative works from the Works or commercially exploit the Works, in whole or in part, in any way; and (iv) use the Platforms, the Works, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to OCLC, the Owners, or any third party referenced therein. OCLC reserves all other rights.
You shall not alter, remove, or obscure any copyright notice, digital watermarks, trademark notices, proprietary legends, or any other notice included in the Works. Except as expressly provided herein, nothing on the Platforms shall be construed as granting or conferring any license under OCLC’s and/or the Owners’ intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, OCLC may revoke any of the foregoing rights and/or your access to the Platforms, or any part thereof, including blocking your IP address, at any time without prior notice.

SOCIAL MEDIA AND LINKED SITES

From time to time, the Platforms may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media pages (“Social Media Site”). OCLC provides these features, functionality, and links to you as a convenience and does not endorse any Linked Site or Social Media Site. OCLC is not responsible for the contents or transmission of any Linked Site or Social Media Site, or for the terms of use or privacy policy, of any Linked Site or Social Media Site. You should carefully read the policies for the sites you visit. Under no circumstances are you authorized to make any claim regarding OCLC or any of its products on any Social Media Site regardless of any material connection you may have with OCLC or your receipt of any consideration. If you may any claim regarding OCLC or any of OCLC’s products or services on a Social Media Site in violation of the foregoing, you, and not OCLC, shall be solely responsible and liable therefor.

SUBMITTED IDEAS

Any ideas, comments, suggestions, notes, drawings, concepts, or other information submitted to OCLC, whether through the Platforms or by other means, shall be deemed to be non-confidential and non-proprietary. OCLC does not owe you any confidentiality or nondisclosure obligations, whether express or implied. OCLC shall be entitled to unrestricted use of the idea, comment, suggestion, note, drawing, concept, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you.

COMMUNITY GUIDELINES

The Platforms, Linked Sites, and Social Media Sites may include the ability to post comments or otherwise engage in communications with third parties through bulletin boards, chat rooms, blogs, comment sections, or other community forums (the “Community Forums”). The following governs the use of the Community Forums:• OCLC will monitor the Community Forums on a regular basis for any violations of these Terms of Use, violation of the Privacy Policy, or any illegal content.• OCLC will not act as an arbiter for any dispute or disagreement between users and shall have no liability to you for any content posted in the Community Forums and is under no obligation to edit or modify information available in the Community Forums.• OCLC reserves the right, in its sole and complete discretion, to refuse to post, or remove, any material submitted to the Community Forums.• You acknowledge and agree that OCLC may store any material posted to the Community Forums. You further acknowledge and agree that OCLC may use material posted by you in the Community Forums for any purpose whatsoever, including but not limited to incorporating the submission into content that may be commercial in nature.• Prohibited Statements – you are expressly prohibited from submitting any of the following:o Any submissions that disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.o Any submission that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, material that depicts child pornography, acts of violence, drug use, or would violate the regulations of the U.S. Securities and Exchange Commission, or any rules of a securities exchange.o Any submission that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.o Any submission that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity.o Unsolicited promotions, political campaigns, advertising, or solicitations.o Private information of any third party, including without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, or any other similar piece of information.o Viruses, spyware, Trojans, corrupted data, or any other harmful, disruptive, or destructive files.o Any other submission that, in OCLC’s sole and complete discretion, is inappropriate or objectionable, or which restricts or inhibits any other person from using or enjoying the Platforms, or which may expose OCLC or its users to any harm or liability of any type. 

NO ARCHIVE

The Platforms are not and shall not function as an archive. OCLC shall have no liability to you or any other person for loss, damage, or destruction to any submission. You shall be solely responsible for maintaining independent archival and backup copies of any submission.

DISCLAIMERS

Without limiting anything herein, the Platforms, its content, and all of its features, are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Platforms, its content, and of its features, either express or implied, including but not limited to fitness for a particular purpose, title, or non-infringement. No advice or information, whether oral or written, obtained by you from OCLC shall create any warranty, representation, or guarantee not expressly stated herein. Additionally, OCLC does not make any warranties that the Platforms will be secure, error free, or otherwise meet your expectations. OCLC does not warrant that the Platforms, its content, or features are correct, accurate, or reliable. OCLC reserves the right to change any part of the Platforms at any time without notice.

LIMITATION OF LIABILITY

Your use of the Platforms is at your own risk. OCLC, its affiliates, and the respective officers, directors, agents, and representatives will not be liable to you, or any third party, for any damages, direct or indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Platforms, or arising out of any action taken in response to or as a result of the Works, or other information available on the Platforms, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability, or otherwise. The foregoing shall apply even if OCLC was advised of the possibility of such damages. If you become dissatisfied in any way with the Platforms, the Terms of Use, or the Privacy Policy, your sole and exclusive remedy is to stop your use of the Platforms and its services. You hereby waive any and all claims against OCLC, its affiliates, officers, directors, agents, representatives, and licensors arising out of your use of the Platforms. If any portion of this limitation on liability is found to be invalid or unenforceable, then the aggregate liability of OCLC, its affiliates, and the respective officers, directors, agents, and representatives shall not exceed one hundred dollars ($100). The Platforms would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers, and exclusive remedies herein will survive even if found to have failed their essential purpose.

NO FRAMING OR LINKING

Framing, in-line linking, or other methods of association with the Platforms are expressly prohibited without prior written approval from OCLC.

INTERNATIONAL USERS

The Platforms are hosted in the United States. If you are attempting to access the Platforms from a physical location within the European Union, Asia or any other region with laws or regulations governing data collection, use, and disclosure that differ from the United States, please be advised that your use of the Platforms is governed by United States law, this Privacy Policy, and the Terms of Use. To the extent you provide Personal Information through the Platforms you are transferring your Personal Information to the United States and you consent to: such transfer; the application of the laws of the United States and the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Platforms; exclusive jurisdiction of the courts of the State of California.

CHOICE OF LAW & VENUE AND DISPUTES

The laws of the State of California shall govern these Terms of Use without regard to conflict of laws provisions. Any dispute relating in any way to your visit to, or use of, the Platforms, to the products you purchase through the Platforms (including a subscription), or to your relationship to OCLC shall be submitted to confidential arbitration in Orange County, California; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of 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 California.
Arbitration under these Terms of Use will be conducted and administered by the JAMS, Inc. (“JAMS”), pursuant to its Arbitration Rules & Procedures (the “JAMS Rules”). The arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss and demurrers, and motions for class certification, prior to any arbitration hearing. The arbitrator shall have the power to award any remedies available under applicable law, and the arbitrator shall award attorneys’ fees and costs to the prevailing party, except as prohibited by law. You agree that the arbitrator shall administer and conduct any arbitration in accordance with California law, including the California Code of Civil Procedure and the California Evidence Code, and that the arbitrator shall apply substantive and procedural California law to any dispute or claim, without reference to the rules of conflict of law. To the extent that the JAMS Rules conflict with California law, California law shall take precedence. The decision of the arbitrator shall be in writing, and the arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platforms or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

YOU AND OCLC AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OCLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are more than the legal age in the territory in which you reside, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

CHANGES AND UPDATES

We may revise these Terms of Use from time to time. Your use of the Platforms following any revised Terms of Use shall be deemed an acceptance of the revised policy. We recommend you review these Terms of Use from time to time to stay updated. We will make a commercially reasonable effort to obtain your consent before implementing revisions which materially affect the disclosure or use of your Personal Information. If you disagree with the terms of these Terms of Use at any time, your sole remedy is to terminate your use of the Platforms and inform us of such termination.

MISCELLANEOUS

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then it shall be construed in a manner which is valid and enforceable that is closest to the intentions set forth herein. The remainder of the Terms of Use shall remain in full force and effect.

Thank you for visiting The OC Lipstick Club.Updated: October 10, 2016