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Fighting Counterfeits

The Site contains confidential and proprietary data, information, and materials that may be owned by or licensed to Lashify, Inc. (“Lashify”). This proprietary information and materials includes, but is not limited to kits for false eyelashes, including false eyelashes, applicator tools, lash cartridges, bonds, and processes for using and applying false eyelashes, and other devices and techniques related to false eyelashes. Additionally, this site contains multi-media content, including instructional information and videos, that may be owned by or licensed to Lashify. Reproduction of the Site (or any content or materials therein) is expressly prohibited other than upon receiving explicit written permission of Lashify.

You acknowledge and agree that as between you and Lashify, title to and ownership of all proprietary processes, content and technology used in the operation of the Site, and all intellectual property rights relating thereto, including without limitations: copyrights, designs, devices, kits, software, content “look and feel,” documentation (both printed and electronic), know-how, data, databases, ad copy, templates, trademarks, patents, trade names, trade dress, methodologies, trade secrets, confidential information and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by Lashify or licensed to Lashify from a third party), and any derivatives, improvements, enhancements or extensions of, and any feedback or suggestions to, any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by Lashify, Inc. or you (collectively, “Lashify IP”), are and will remain vested in Lashify at all times and for all purposes. You will not challenge, contest or otherwise take any action inconsistent with Lashify’s rights in and to the Lashify IP. Without limiting the foregoing, you specifically acknowledge and agree that the following content, features, or functionality of the SITE include information about proprietary inventions, processes, methodologies, know-how and trade secrets unique to Lashify and its licensors (the “Key Features”): kits for false eyelashes, including false eyelashes, applicator tools, lash cartridges, bonds, and processes for using and applying false eyelashes, and other devices and techniques related to false eyelashes.

Lashify reserves the right to block users, user IPs, ban individuals from using the Platform or Site and allow users to report abuses by other users and any other resource that Lashify in its sole discretion deems appropriate or warranted for violations of the following acceptable use policy:  

You shall not (i) permit any third party to access the Site except as permitted by Lashify, (ii) repurpose the content, information or materials or any feature or function of the Site or our products or services (or any data therein) for your own personal or commercial use or otherwise create similar or derivative works based on the Site, (iii) copy, frame or mirror any data or content of the Site, (iv) reverse engineer any portion of the Site to obtain (or attempt to obtain) the source code, or (v) access the Site in order to (a) build a competitive product or service or any product or service containing any of the Key Features, or (b) copy any features, functions or graphics of the Site.

You may use the Site for purposes expressly permitted by Lashify, as set forth in these Terms. You may not use the Site for any other purpose, without Lashify's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site (or any page thereof), or (ii) frame the Site (or any page thereof), or (iii) hyper-link to the Site (or any page thereof), without the express prior written permission of an authorized representative of Lashify. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site, or any white label or private label version of the Site. You agree to cooperate with Lashify in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

You further agree not to post, send, submit, publish, or transmit in connection with any portion of the Site or social media sites associated with Lashify any information or material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is crude, vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to the digital or print marketing campaigns or variable marketing data analyses available from the Platform;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity or privacy;
  • violates any law or may be considered to violate any law;
  • impersonates any person or entity, including, without limitation, one of Lashify's or other's officers or employees or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; 
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site; 
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; 
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Platform; 
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Lashify’s or its licensors or service providers’ infrastructure;
  • involves the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (U.S. CAN-SPAM Act of 2003);
  • would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations;
  • involves the unauthorized entry to any machine accessible via the Site or interference with the Site or any servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or attempt to breach the security of or disrupt Internet communications on the Site (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized);
  • collect or store personal data about other account users or attempt to gain access to other Site users accounts or otherwise mine information about other Platform users or the Site;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site's servers or any data not intended for you;
  • attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Site;
  • are contrary to Lashify's public image, goodwill, reputation or business interests;
  • amounts to a ‘pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site;
  • commingle the content, material and information (including data) with your own database or information from a third party or otherwise enhance such items with modeling or analytics or data appends from your own database into the Site; provided that commingling shall not include the following activities: a) as necessary for matching and data selection using other lists, the appending for production and mailing purposes, redemption coupon processes and/or where necessary to correct any deficiency for a particular mailing, all except that such excepted data files shall not be subject to any external raw data sales; or
  • contain links to other web sites that contain content that falls within the descriptions set forth above.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any Lashify IP or any of our licensors or service providers’ content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any Lashify IP or any of our licensors or service providers’ content, data, information, software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the information or content of the Platform (or any part or portion thereof).

IMPROPER USE OF THE SITE, THE PLATFORM OR SERVICES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES AND ENFORCEMENT FOR DAMAGES TO THE FULLEST EXTENT OF APPLICABLE LAW.

Lashify respects the intellectual property of others. In the event that any Lashify IP is infringed by another, Lashify will assert all rights available by law against an infringer.

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