We are Phigment Beauty Lounge, L.L.C. (“Phigment Beauty Lounge,” “we,” “us,” “our”).

We own and operate the website phgimentbeautylounge.com, as well as pages and accounts on Facebook, Instagram, Linkedin, TikTok, and Pinterest (“Sites”), and any other related products and services that refer or link to these legal terms and conditions (“Legal Terms”).

You can contact us by phone at 830-377-1659 or by email at crystal@phigmentbeautylounge.com

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Phigment Beauty Lounge concerning your access to and use of our Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of the Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, DO NOT USE OUR SITE. 

Any modifications to our Legal Terms will become effective upon posting. You are responsible for reviewing any modified Legal Terms. By continuing to use our site after the effective date of any changes, you agree to be bound by the modified terms. 

Our site is intended for users who are at least 18 years old. We recommend that you print a copy of these Legal Terms for your records. 

OUR INTELLECTUAL PROPERTY 

Phigment Beauty Lounge exclusively owns and controls the Sites that provide information about our products and services. We are the owner or the licensee of all intellectual property rights in our Sites, including all source codes, databases, functionality, website design, audio, video, test, photographs, and graphic in the Sites (collectively, the “Content”), as well as trademarks, service marks, and logo contained therein (the “Marks”).

Our Content and Marks are protected by either copyright or trademark law in the United States and may not be used without prior written permission from us. 

USE OF OUR SITES

We grant you a non-exclusive, non-transferable, revocable license to access our Sites and download or print a copy of any portion of the Content to which you have properly gained access strictly in accordance with these Legal Terms. 

Except as set out in this section or elsewhere in our Legal Terms, no part of our Site and no Content or Marks may be copied, reproduces, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, sole, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of our Sites, Content, or Marks other than set out in this section or elsewhere in our Legal Terms, please send your request to crystal@phigmentbeautylounge.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Sites, Content, or Marks you must identify us as the owners or licensors of the Sites, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. 

We reserve all rights not expressly granted to you in and to the Sites, Content, and Marks. 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Sites will terminate immediately. 

USER REPRESENTATIONS

By using our Sites, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor under the age of eighteen (18); (3) you will not access the Sites through automated or non-human means, whether through bot, script, or otherwise; (4) you will not use the Sites for any illegal or unauthorized purpose; and (5) your use of the Sites will not violate and applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of our Sites and refuse any and all current or future use of our Sites. 

THIRD-PARTY WEBSITES AND CONTENT 

Our Sites may contain links to other websites (Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sounds, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through our Sites of any Third-Party Content posted on, available through, or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Sites or relating to any applications you use or install from the Sites. You agree and acknowledge that we do not endorse the products or services offered by Third-Party Websites and you shall hold us blameless from any harm caused by any purchase of any products or services from Third-Party Websites. Additionally, you shall hold us blameless from any losses sustained by you or harm cause to you relating to or resulting in any way from Third-Party Content or any contact with Third-Party Websites. 

PRIVACY POLICY 

We care about data privacy and security. Please review our Privacy Policy. By using our Sites, you agree to be bound by our Privacy Policy, which is incorporated by reference in to these Legal Terms. Please be advised that the Sites are hosted in the United States. If you access the Sites from any other region of the world with laws or other requirements governing person data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Sites, you are transferring your data for the United States, and you expressly consent to have you data transferred to and processed in the United States. 

GOVERNING LAW

These Legal Terms and your use of the Sites are governed by and construed in accordance with the law of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles. 

DISPUTES 

Any cause of action by you with respect to our Sites must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our Sites, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Texas. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

DISCLAIMER 

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SITES WILL BE AT YOUR SOLE RISK. PHIGMENT BEAUTY LOUNGE, LLC, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES. 

INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Sites; (2) breach of these Legal Terms; (3) any breach of your representation and warranties set for in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Sites with who you connected via the Sites. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

MISCELLANEOUS 

To the extent that anything in or associated with our Sites conflicts or is inconsistent with these Legal Terms, these Legal Terms shall take precedence. These Legal Terms and any policies or operating rules posted by us on the Sites or in respect to the Sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible of liable for any loss, damage, delay, or failure to act caused beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part or the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Sites. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.    

CONTACT US

To resolve a complaint regarding the Sites or to receive further information regarding use of the Sites, please contact us at:

Phigment Beauty Lounge

Email: crystal@phigmentbeautylounge.com