Terms and Conditions

Welcome to Sweet Spun Beauty! These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.sweetspun.com and any other website(s), blogs and/or social media sites (The “Sites”) owned and/or operated by Sweet Spun Brands, LLC {“Sweet Spun," "we," "us" or "our") and any other associated web pages. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions, and the other guidelines, policies and terms posted on the Sites.

By accessing or using the Sites, including purchasing any products through the Sites, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Site; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services. If you do not agree to these Terms, you should not access or use the Sites.

Sweet Spun reserves the right to make changes to the Sites and to these Terms at any time and for any reason. When we make changes, we will post the revised Terms here. Any access or use of the Sites by you after the changes go into effect shall constitute and be deemed your agreement with these Terms. If you do not want to be bound by these Terms, do not use or access any part of the Sites.

Access To and Use of the Sites

Unless authorized in writing by Sweet Spun, you may use the Sites solely for your personal and non-commercial use. You agree to only access or use the Sites solely for legal purposes as allowed by these Terms. International users must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content. You agree not to:

  • Post any information which is incomplete, false, inaccurate or not your own.
  • Engage in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
  • Communicate, transmit, or post material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
  • Communicate, transmit, or post material that reveals trade secrets, unless you own them or have the permission of the owner
  • Communicate, transmit, or post material that infringes on any other intellectual property, privacy or publicity right of another
  • Attempt to interfere in any way with the Sites’ or Sweet Spun’s networks or network security, or attempting to use the Sites’ service to gain unauthorized access to any other computer system
  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content provided through or obtained from the Sites
  • Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Sites
  • Access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of Sweet Spun

You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites. You may link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Sites. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

Intellectual Property

The Sites and all Content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Sites are the property of Sweet Spun and/or a third party (which may be indicated by a link to or from an external source, or otherwise).

The Sites as a whole and all Content therein is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Sweet Spun, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on these Sites, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.

Disclaimer of Use and Inaccuracies

You assume all responsibility and risk with respect to your use of the Sites, which is provided "AS IS." You agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Sweet Spun be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Sites.

From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Sweet Spun reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Sites. The content on the Sites is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites.

Sweet Spun disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the Sites, including without limitation, all content and materials, functions and services provided on the Sites, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Sweet Spun does not warrant that the Sites or their function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free.

Color Information

While Sweet Spun has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.

Use of Products and Services

The products and services available on the Sites, including any samples Sweet Spun may provide to you, are for personal use only. All material and information presented by Sweet Spun is intended to be used for personal educationa or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

Use of the Sites is not meant to serve as a substitute for professional medical advice. Consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Sweet Spun does not give or intend to give any answers to medical-related questions, and these Sites do not replace any medical professional or medical resource. Sweet Spun does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.

Content

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content and any other materials provided on the Sites are owned by Sweet Spun and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Sweet Spun reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Sweet Spun in any way except to the extent that it is specifically indicated to be so.

Third-Party Content

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. You acknowledge and agree that Sweet Spun is not responsible or liable for any loss or damage of any kind incurred as a result of accessing a third-party website, or any dealings with any third-party website, or any third-party content, services or products.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by Sweet Spun, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable it from the Sites.

User Generated Content

Sweet Spun welcomes content from its users! Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively "User Generated Content") that you submit or post on the Sites shall be deemed non-confidential and non-proprietary. By submitting or posting any User Generated Content, you grant to Sweet Spun and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Generated Content in any commercial or non-commercial manner whatsoever. Sweet Spun will be free to use any ideas, concepts, know-how or techniques contained in such User Generated Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Sweet Spun shall have no obligation to monitor User Generated Content, use or display User Generated Content, compensate you for submitting User Generated Content, or respond to any User Generated Content. Sweet Spun retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Generated Content for any reason or no reason.

By submitting User Generated Content, you represent and warrant that the User Generated Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Generated Content and you hereby agree to indemnify and hold Sweet Spun and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Services

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Sites, but only while accessing the Sites. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Sites for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.

Sweet Spun may make available software or applications that you can download to access and use the Sites. As long as you comply with these Terms, you have the right to use the software to access and use the Sites for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Sites in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Sites or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have Sweet Spun’s written permission.

Unauthorized Use of the Website

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Sites, or transmit any worms or viruses or any code of a destructive nature on or to the Services. You agree that you shall not use the Sites for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Sites, including, but not limited to, unauthorized framing of or linking to the Sites or unauthorized use of any robot, spider, or other automated device on the Sites, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Limitation of Liability

Sweet Spun makes no warranty that the Sites will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Sites shall create any warranty not expressly made herein. If you are dissatisfied with the Sites, your sole remedy is to discontinue using the Sites. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

You expressly understand and agree that your use of and reliance upon any and all of the services, products and/or content is at your sole risk and is made available on an “as is” and “as available” basis. Sweet Spun makes no representation or warranty with respect to any product sold, except as may be expressly stated herein. Sweet Spun makes no warranties or representations about the accuracy or completeness of the services, products, content, comments, information or any other item or materials on these sites or linked to from these Sites.

In no event shall Sweet Spun be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including, without limitation, damages for loss of use, data or profits, arising from or connected in any way with the Sites, contributions, materials, content, comments, products, services, software or provision of or failure to provide services, made available or obtained through these Sites or any third-party websites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Sweet Spun has been advised of the possibility of damages.

Notwithstanding anything to the contrary contained in these terms, Sweet Spun’s liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these terms or your use of the Sites or purchase of any products or services, whether in contract, tort or for breach of statutory duty or in any other way shall not exceed fifty dollars in the aggregate.

Any products, services, comments and content made available or obtained through the use of the Sites, and all other use of the Sites, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

Terms of Sale; Risk of Loss

By placing an order with Sweet Spun, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Sweet Spun’s acceptance of an order. We retain the right to refuse any request made by you.

Prior to Sweet Spun’s acceptance of an order, verification of information may be required. Sweet Spun reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Sweet Spun, for any reason whatsoever. Sweet Spun reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Sweet Spun shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Sweet Spun shall credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Sites are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

Indemnification

You agree to defend, indemnify and hold harmless Sweet Spun (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites; (b) your violation of any term of these Terms and Conditions; (c) a breach of these Terms and Conditions; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites. Sweet Spun reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Sweet Spun in asserting any available defenses.

Arbitration

You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites will be decided by binding arbitration. All disputes between you and Sweet Spun of any kind or nature arising out of your use or enjoyment of the Sites, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of California, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Violation of These Terms

You agree that monetary damages may not provide a sufficient remedy to Sweet Spun for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

Modification/Termination of Services

In the event of termination of the Sites, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Sweet Spun shall not be liable to you or any third-party for any termination of your access to the Sites or any portion thereof.

General Legal Provisions

These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using these Sites. Access to or use of these Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Sweet Spun as a result of these Terms or use of the Sites.

All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Sites. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright

All materials on the Sites are owned and copyrighted or licensed by Sweet Spun Brands, LLC, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Sweet Spun.

Copyright Policy

Sweet Spun’s policy is to remove, or disable access to, material that infringes any copyright on the Sites after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Sites violates your copyright, please provide our copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • an identification of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on or through our Sites;
  • your address, telephone number, and e-mail address; 
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
  • 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.

Trademarks

Sweet Spun and all related names, logos, product and service names, designs and slogans are trademarks of Sweet Spun or its affiliates or licensors. Such marks cannot be used without the prior written permission of Sweet Spun. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

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