Terms & Conditions

HAIRTOYZ, INC. – TERMS AND CONDITIONS 7/2/24

I. GENERAL
These terms of use are entered into between you and HairToyz, Inc. and/or its affiliated companies (collectively “HairToyz”). This web site, www.hairtoyzland.com, (the “site”) and all other web sites owned, operated or maintained directly or indirectly by HairToyz, including, without limitation, related HairToyz hair tools, Facebook, Instagram, YouTube and Pinterest sites, and www.hairtoyzland.com (the “HairToyz sites”), are provided by HairToyz for your information, personal entertainment and non-commercial enjoyment, subject to these terms and conditions and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the HairToyz sites applicable to your use of the HairToyz sites (as amended by HairToyz from time to time, the foregoing being collectively referred to as the “Terms and Conditions”). Please read these Terms and Conditions carefully before you start to use the HairToyz sites. By accessing the HairToyz sites, you accept and agree to be bound by the Terms and Conditions. If you do not wish to agree to these Terms and Conditions, you must not access the HairToyz sites. The Terms and Conditions may be updated from time to time in our sole discretion. All changes are effective immediately when we post them. Accordingly, you should check the date of the Terms and Conditions (which appears at the top of this page) and review any changes since the last version. If at any time you do not agree to the Terms and Conditions, please do not use the HairToyz sites. Your continued use of the HairToyz sites constitutes your agreement to these Terms and Conditions.

The HairToyz sites are for use only by persons located in the United States. HairToyz makes no claims that the HairToyz sites or any of their content is accessible or appropriate outside the United States. Access to the HairToyz sites may not be legal by certain persons in certain countries. If you access the HairToyz sites from outside the United States, you do so on you own initiative and are responsible for your compliance with local laws.

II. TRADEMARKS AND COPYRIGHTS
As between HairToyz and you, except for user content (as defined below), HairToyz is the owner or licensee of all content on the HairToyz sites, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the HairToyz sites (“HairToyz proprietary material”). The “compilation” (meaning the collection, arrangement and assembly) of all HairToyz proprietary material on the HairToyz sites is the exclusive property of HairToyz, Inc. The contents of the HairToyz sites are copyrighted under United States copyright laws.

III. USE OF MATERIALS ON THE SITE
Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the HairToyz proprietary material or any portion thereof, for any purpose. You may, however, (i) print a copy of individual screens appearing as part of the HairToyz sites solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (ii) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the HairToyz sites and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the HairToyz sites or use of such materials for any other purpose is a violation of HairToyz’s copyright and other proprietary rights.

IV. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE HAIRTOYZ SITES
We are not responsible if information made available on the HairToyz sites is not accurate, complete or current. The material on the HairToyz sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the HairToyz sites is at your own risk. The HairToyz sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the HairToyz sites at any time, but we have no obligation to update any information on the HairToyz sites. You agree that it is your responsibility to monitor changes to the HairToyz sites.

V. REGISTRATION; USERNAMES AND PASSWORDS
If you choose to become a registered member and create an account on any of the HairToyz sites, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You agree to notify HairToyz of: (a) any loss of your password or account identifiers and (b) any unauthorized use of your password or account identifiers. HairToyz will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions. HairToyz has the right to disable any username, password or other identifier, 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 violated any provision of these Terms and Conditions.

VI. USER CONTENT
A. HairToyz welcomes user comments, information and submissions from registered users of the site. In addition, you and other users of the HairToyz sites from time to time may have an opportunity to post certain knowledge, material, or commentary on the HairToyz sites, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, “tips,” and opinions. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, all information and other content that you post on the HairToyz sites will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the site.

B. By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the HairToyz (“user content”) in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the HairToyz sites from time to time, you agree that you are the sole responsible person and/or entity from which such user content originated and you are 18 years old or the age of majority in your jurisdiction. Without limitation of the foregoing, you agree not to use the HairToyz sites to: (a) upload, post, e-mail, or otherwise transmit any user content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any user content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any user content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party/individual; (e) upload, post, e-mail, or otherwise transmit any user content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the HairToyz sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (g) interfere with or disrupt the HairToyz sites or servers or networks linked to the HairToyz sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the HairToyz sites; (h) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law; (i) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the HairToyz sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (j) use the HairToyz sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (k) solicit other guests of the HairToyz sites to become members of any commercial on line service or other online or offline group or organization;(l) impersonate others, including, without limitation, a HairToyz employee, host, or representative, or other members or visitors on the HairToyz sites; (m) harvest, collect or store information about the users of the HairToyz sites or the user content or use such information for any purpose inconsistent with the purpose of the HairToyz sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications; or (n) attempt to interfere, in any way, with the proper working of the HairToyz sites.

C. You acknowledge and agree that user content you view or post on the HairToyz sites is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such user content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of HairToyz, and HairToyz does not support or endorse any user content or any other content or otherwise posted by you or any other user. You acknowledge that HairToyz does not pre-screen, monitor, review, or edit the user content posted by you and other users on the HairToyz sites. However, HairToyz and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any user content, in whole or in part, that, in HairToyz’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the HairToyz sites may be purged periodically in HairToyz’s sole discretion. Helen of Troy is not responsible for any failure, non-failure, or delay in removing such user content. In this regard, you acknowledge that you may not rely on any user content available on the HairToyz sites, whether created by HairToyz or submitted to HairToyz. User content includes the opinions, statements and other content of third parties, not HairToyz. HairToyz does not endorse any such opinions, statements or other content posted on or accessible through the HairToyz sites. HairToyz does not assume any obligation or liability with respect to user content and no confidential or fiduciary understanding or relationship is established by HairToyz’s receipt or acceptance of any such materials.

D. Any user content submitted by you to the HairToyz sites will be deemed non-proprietary and non-confidential and may be used by HairToyz without restriction. You shall be solely responsible for any user content submitted by you to the HairToyz sites and the consequences of posting or publishing such content. In connection with your user content, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant HairToyz the rights discussed below; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your user content to grant HairToyz the rights discussed below. By submitting or sending information, material, or any other communication to HairToyz including user content, you grant HairToyz the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, post or display such user content (in whole or in part) and/or to incorporate it in other works in any form, media (including but not limited to the HairToyz sites), or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. HairToyz and its affiliates may use or otherwise transfer or dispose of any and all user content without restriction and users of the HairToyz sites shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of user content by HairToyz. You understand that the technical processing and transmission of the HairToyz sites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. HairToyz assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the HairToyz site. All sales are for direct consumer use only. Any orders not shipped directly to the consumer, whether through use of freight forwarders or otherwise, may be canceled by HairToyz, in its sole discretion.

VII. DMCA NOTICE
If you are a copyright owner or an agent thereof and believe that any user content or other content on the HairToyz sites infringe upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit HairToyz to locate the material; (iv) information reasonably sufficient to permit the HairToyz to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HairToyz’s designated copyright agent to receive notifications of claimed infringement may be contacted by one of the methods described on our Contact Us page. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section vii, your DMCA notice may not be valid.

VIII. INDEMNIFICATION
By using the HairToyz sites, you agree to defend, indemnify, and hold harmless HairToyz, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the HairToyz sites or any service available on or through the HairToyz sites, the uploading, posting, e-mailing, or transmission of any user content or other materials by you or users authorized by you, infringement of any HairToyz proprietary material, or any violation of these Terms and Conditions (including but not limited to a claim arising out of a breach of your representations or warranties made hereunder), our Privacy Policy or any other policy posted from time to time on the HairToyz sites applicable to your use of the HairToyz sites, by you.

IX. PRIVACY POLICY
All personally identifiable information provided via the HairToyz sites is subject to our Privacy Policy. For information on how personally identifiable information is collected, used or disclosed by HairToyz in connection with your use of the HairToyz sites, please consult our Privacy Policy.

X. LINKS TO OTHER SITES
You may be able to link to third party web sites (“linked sites”) from the HairToyz sites. HairToyz is not responsible for the content, availability, advertising, products, services or other materials of any such linked sites, or any additional links contained therein. HairToyz cannot ensure that you will be satisfied with any products or services that you purchase from linked sites, since such sites are owned and operated by independent third parties. HairToyz does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such linked sites and any content contained thereon. In no event shall HairToyz be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through these linked sites. You should direct any concerns to the administrators or webmasters of these respective linked sites. HairToyz reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the linked sites from the HairToyz sites and/or introduce different features or links to different users.

Other sites may link to the HairToyz sites only through a plain-text link subject to the prior written approval of a duly authorized employee of HairToyz. To seek our permission, please contact us through one of the methods described on our Contact Us page. HairToyz reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the HairToyz sites, at our discretion, with or without cause, at any time.

XI. DISCLAIMERS
Visitors to the HairToyz sites agree that their use of the HairToyz sites is at their own sole risk. The HairToyz sites are provided “as is” and “as available,” without warranty of any kind, either express or implied. Without limitation of the foregoing, HairToyz (including its affiliates, third party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers and employees) specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the HairToyz sites; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. HairToyz also makes no representations and warranties as to any linked sites and HairToyz has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the HairToyz sites may represent the opinions and judgments of providers or users, such as user content. HairToyz and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any opinion, advice or statement made on the HairToyz sites by anyone other than authorized HairToyz employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the HairToyz sites, including, without limitation, those damages or injuries occurring as a result of: (a) any error, omission, deletion, or defect in the content available on the HairToyz sites, or (b) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action.HairToyz does not warrant or guarantee: (y) that any portion of the HairToyz sites will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (z) that access to the HairToyz sites will be uninterrupted or error-free.

HairToyz does not warrant or make any representations regarding the use or the results of use of the materials available on the HairToyz sites. You (and not HairToyz or any of its affiliates) assume the entire cost of all necessary servicing, repair, or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

XII. LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE HAIRTOYZ SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE HAIRTOYZ SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE HAIRTOYZ SITES IS AT YOUR OWN RISK AND THAT THE HAIRTOYZ SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL HAIRTOYZ OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE HELEN OF TROY SITES, EVEN IF HAIRTOYZ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE HAIRTOYZ SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HAIRTOYZ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING HAIRTOYZ’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

XIII. AMENDMENTS TO THESE TERMS AND CONDITIONS
Please note that we may change these Terms and Conditions from time to time to conform to changes in the law or for other reasons, which we reserve the right to do without your consent and such revised terms and conditions will be applicable at the time of posting on the HairToyz sites. Your continued use of the HairToyz sites following the posting of changes to these Terms and Conditions means you accept the changes.

XIV. CLAIMS
The HairToyz sites are intended and directed to residents of the United States only and all advertising and claims contained in the HairToyz sites are valid only in the United States.

XV. JURISDICTIONAL ISSUE/CHOICE OF LAW
HairToyz, Inc. controls and operates the HairToyz sites from our offices in the State of California, United States of America, and all activities available on and through the HairToyz sites, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the HairToyz sites are appropriate or available for persons located outside of the United States. You agree that the laws of the State of California, excluding its conflicts-of-law rules, and these Terms and Conditions, HairToyz’s Privacy Policy and any other policies posted from time to time on the HairToyz sites applicable to your use of the HairToyz sites shall govern your use of the HairToyz sites. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the HairToyz sites may be subject to other local, state, and federal laws. You expressly agree that exclusive jurisdiction for any claim or dispute with HairToyz or relating in any way to your use of the HairToyz sites resides in the courts of the county of Ventura, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the county of Simi Valley, State of California, in connection with any such dispute and including any claim involving HairToyz or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the HairToyz sites must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. HairToyz’s failure to insist upon or enforce any provision of these term and conditions shall not be construed as a waiver of any provision or right of HairToyz. HairToyz may assign its rights under these Terms and Conditions to any party at any time without notice to you, however, any rights and licenses granted hereunder, may not be transferred or assigned by you.

XVI. HOW TO CONTACT US
Please feel free to contact us via one of the methods described on our Contact Us page, or send an email to hairtoyz@gmail.com. You agree that HairToyz may send notices to you regarding your use of the HairToyz sites by means of electronic mail, a general notice posted on the HairToyz sites or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in HairToyz’s records from time to time.
All website design, graphics, text selections arrangement, and software are copyright 2024, HairToyz all rights reserved.

XVII. PURCHASE TERMS
All prices quoted on our site are in U.S. dollars and are valid only in the United States. HairToyz reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, HairToyz shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you should contact email HairToyz’s Customer Service at hairtoyz@gmail.com.