Lavakiss, Corporation. (“Lavakiss”) respects your privacy.
This Privacy Policy sets forth how we handle information we obtain from you and
learn about you when you visit our websites, including our main site at http://www.Lavakiss.com.
This Privacy Policy addresses the following:
The information we collect:
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* Access to your information by third parties;
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* The choices that are available to you regarding how the
information is used and to whom it is disseminated;
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* Your rights to access and correct or update your personally
identifiable information; and
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* Our pledge to have reasonable security procedures that
are in place to protect the loss, misuse or alteration of information under our
control.
Information We Collect and How We Use It
Lavakiss may collect two types of information about you
when you visit our site: personal information (including, by way of example only,
your name, address, telephone number and email address) and non-personal, aggregate
information (such as information regarding the pages on our site that you have visited
and your IP address).
1. Personally Identifiable Information
The only personally identifying information that we collect
and store about you is the information that you choose to provide to us. For example,
we gather your personally identifiable information when you send us an email or
a letter. We will use this information to respond to your email or letter. We also
may use the information to send you notifications about our products and about Lavakiss
events.
2. Non-Personally Identifiable Information
We collect and use non-personally identifiable information
about you in the following ways:
a. Referrers, IP Addresses and Other Non-Personal Information
Lavakiss collects information through “referrers”, IP addresses
and various environmental variables. A “referrer” is information the web browser
passes along to the Lavakiss web server that references the URL from which you came.
The “IP address” is a number used by computers on the network to identify your computer
so that data can be transmitted to you. “Environmental variables” include, among
other things, the domain from which you access the Internet, the time you accessed
our website, the types of web browser and operating system or platform used, the
Internet address of the websites you left to visit Lavakiss, the names of the pages
you visit while at our website and the Internet address of the website you then
visit. We collect all of this information to allow us to detect broad demographic
trends, to provide information tailored to your interests and to enhance your experience
on Lavakiss websites.
b. Profiling
To help us improve our websites and to ensure that we make
every effort to provide you with information that is of interest to you, we may
merge your personally identifiable information with click-stream data and other
data we have (including offline data). We will not merge your personally identifiable
information in this way without giving you an opportunity to opt-out of any such
merge. This opportunity to opt-out will be provided at the time and place of information
collection and before data is entered into our system. We may also develop a profile
based on your use of our site that does not include any personally identifiable
information.
3. Sharing Your Information With Third Parties
We may share your personally identifiable information (such
as your name, address, email address and telephone number) with our affiliates without
prior consent. We will not share your personally identifiable information with non-affiliated
third parties without your prior consent.
4. Links
This website may contain links to other sites. Please be
aware that we are not responsible for the privacy practices of such other sites.
We encourage our users to read the privacy statements of each and every website
that they visit. In general, you should be cautious about providing personally identifiable
information to websites unless you trust the owner and operator of the website.
This privacy statement applies solely to information collected when you visit Lavakiss’s
family of websites.
5. Notification of Changes
If we decide to change our privacy policy, we will post
those changes on our website so you will always be aware of what information we
collect, how we use it and under circumstances we disclose it. It is your responsibility
to check our privacy policy for changes periodically. If at any point we decide
to use personally identifiable information in a manner different from that stated
at the time it was collected, we will notify you by way of an email, if you have
provided us with an email address. You will then have a choice as to whether or
not we use your information in this different manner.
6. Special Policy Regarding Information from Children Under
Thirteen
Lavakiss is not targeted to children
under the age of 13 and we do not knowingly collect personally identifiable information
from any child under the age of 13 without parental consent. When we do receive
such information, we delete it as soon as we discover it and do not use it or share
it with third parties.
Choice
Lavakiss provides the following choices regarding the use
of your information:
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* You may choose not to provide us with any contact information.
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* You may choose to provide us with personal information,
but choose to opt-out from having your information shared with third parties.
If you would like to unsubscribe to any of our services
or would like us to remove you from any of our on-line mailing lists, please go
to our home page “sign
up “
Security
We take precautions to protect your personally identifiable
information from inadvertent disclosure and intrusion by third parties. Some of
these precautions involve technologies like firewalls and secure access. If you
have questions about the security at our websites, you can send an email to
privacy@lavakiss.com.
Terms of Use Agreement
This Terms of Use Agreement (this “Agreement”) is a legal
agreement between you (“User”) and Lavakiss, Corp. (“Lavakiss”) that governs your
use of this website. By utilizing this Lavakiss website, User acknowledges that
he or she has read, understood, and agrees to comply with the terms and conditions
stated within this Agreement.
Lavakiss may amend these terms and conditions at any time.
User’s continued use of this website constitutes acceptance of the terms and conditions
stated at the time of use.
Privacy
Lavakiss may collect information about the Users of its
websites. Collection of this information is governed by the Lavakiss Privacy Policy,
which is available above.
You may access the personal information we have collected
about you and correct any inaccuracies by pointing your browser to our
http://www.lavakiss.com/Login_CreateAccount.aspx
Cookies
Lavakiss may use cookies to facilitate your experience
at our website. By way of example only, cookies may be used to facilitate entry
into protected areas, or to remember user preferences. If you do not have cookies
enabled in your web browser, some features of our website may not be available to
you.
User Conduct
User agrees that all the information posted or accessed
by User will be used only for informational or own
educational purposes.
There will be
no commercial or other
unauthorized use of
interactive features
by the User.
User will not engage
in any conduct or action that is prohibited by law or violates any federal, state, or local laws. Users of
this site also agree not to distribute, post, publish
or otherwise communicate any content which defames, abuses or threatens others,
which is hateful or racially offensive, or which contains vulgar, obscene or indecent
language or images, or which contains unauthorized copyrighted material or infringes
any patent, trademark, trade secret, copyright or other proprietary rights of any
party.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service
marks (collectively, “Marks”) used or referred
to on this website are the property of Lavakiss and its affiliates unless otherwise
noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute
or modify these Marks in any way for any purpose without Lavakiss’s prior written
permission. The use of Lavakiss’s Marks and
Repiderme Eraser, the trade mark names “Lavakiss’s Marks and Repiderme Eraser
” or on any other website is prohibited.
Proprietary Rights to Content
All materials contained in this website are copyrighted
except where explicitly noted otherwise. © 2009 Lavakiss, Inc. All rights reserved.
User acknowledges and agrees that content,
including but not limited to text, software, music, sound, photographs, video, graphics
or other material contained in this website (“Content”) is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. User understands
and agrees that User is not permitted to copy, reproduce, distribute or create derivative
works from this Content or use this Content other than as expressly authorized by
this Agreement without Lavakiss’s prior, express authorization.
User Submissions
User agrees that any materials (including without limitation,
stories, text, pictures) submitted to Lavakiss become the sole property of Lavakiss,
and that User has no rights of any kind in such
materials.
To the extent that such materials can not be transferred to Lavakiss, User grants
Lavakiss a world-wide, royalty-free, and non-exclusive license to modify, use, display,
distribute, sub-license, and publish such materials for any purpose.
Links to Third Party Sites
Lavakiss may provide Users with links to other websites.
These third party sites are not under the control of Lavakiss and User acknowledges
that Lavakiss is not responsible or liable for any content, advertising, products
or other materials available from such third party sites. User also agrees that
Lavakiss shall not be liable for any loss or damage of any sort incurred as the
result of using any third party’s website. In general, you should be cautious about
using materials, including software, provided by websites unless you trust the owner
and operator of the website.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT LAVAKISS SHALL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY
TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF
THIS WEBSITE, REGARDLESS OR THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF LAVAKISS
HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
Indemnification
User agrees, at User’s expense, to indemnify,
defend and hold harmless Lavakiss, its officers, directors, employees, agents, affiliates,
distributors and licensees from and against any judgment, losses, deficiencies,
damages, liabilities, costs and expenses (including reasonable attorney’s fees and
expenses) incurred in connection with or arising from any claim, demand, suit, action
or proceeding arising out of User’s breach of this Agreement or in connection with
User’s use of this website or any product or service related thereto. This indemnification
does not apply to Lavakiss® brand skin care products.
Disclaimer of Warranties
Lavakiss makes no warranty that this website will meet
your requirements or that it will be uninterrupted, timely, secure or error free;
nor does LAVAKISS make any warranty as to the results that may be obtained from
the use of this website or as to the accuracy or reliability of any information
obtained through this website. NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS
FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LAVAKISS OR ITS AFFILIATES OR CONTRACTORS
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE
USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF LAVAKISS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, LAVAKISS
PROVIDES
THIS SITE CONTENT “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR ANY KIND,
EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
Venue and Governing Law
This Agreement and the relationship between User and Lavakiss
shall be governed by and construed in accordance with the laws of the State of
California
. Any controversy or claim arising out of or relating to
this Agreement or relating to use of this website and the material contained in
this website shall be resolved in a federal or state court in
Santa Clara County
. User agrees that, regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to this Agreement
must be filed within one (1) year after such claim or cause of action arises or
it will be forever barred.
Waiver/Severability
The waiver by either party of a breach or right under this
Agreement will not constitute a waiver of any subsequent breach or right. If any
provision of this Agreement is found to be invalid or unenforceable by a court of
competent jurisdiction, such provision shall be severed from the remainder of this
Agreement, which will otherwise remain in full force and effect. Arbitration By
using our site, you agree that Lavakissa may, at its sole discretion, require you
to submit any disputes arising from the use of this site, these Terms and Conditions,
or our Privacy Policy, to final and binding arbitration under the International
Arbitration Rules of JAMS, except that in all cases, the substantive law of California
will apply. Any award in an arbitration initiated under this clause shall be limited
to monetary damages and shall include no injunction. Further, the arbitrator(s)
shall have no authority to award punitive, consequential or other incidental damages.
Reservation of Rights
Any rights not expressly granted herein are reserved.