Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.If you do not agree to these terms and conditions, please do not use this site.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lip Ink Intl.. The collective work includes works that are licensed to Lip Ink Intl.. Copyright 2003, Lip Ink Intl. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lip Ink Intl. or purchasing Lip Ink Intl. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Lip Ink Intl. or to purchase Lip Ink Intl. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lip Ink Intl.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All trademarks, service marks and trade names of Lip Ink Intl. used in the site are trademarks or registered trademarks of Lip Ink Intl.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Lip Ink Intl. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lip Ink Intl. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Lip Ink Intl. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Lip Ink Intl. shall not be liableforany special or consequential damages that result from the use of , or the inability to use, the materials on this site or the performance of the products, even if Lip Ink Intl. has been advised of the possibility of such damages.Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Lip Ink Intl. product is mistakenly listed at an incorrect price, Lip Ink Intl. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lip Ink Intl. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lip Ink Intl. shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and / or completing the registration or shopping process.These terms and conditions, or any part of them, may be terminated by Lip Ink Intl. without notice at any time,for any reason.The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Lip Ink Intl. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Lip Ink Intl..

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N.Convention on contracts for the international sale of goods.You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site(including but not limited to the purchase of Lip Ink Intl. products) shall be in the state or federal courts located in Los Angeles County, California.Any cause of action or claim you may have with respect to the site(including but not limited to the purchase of Lip Ink Intl. products) must be commenced within one(1) year after the claim or cause of action arises.Lip Ink Intl. 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lip Ink Intl. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lip Ink Intl. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Lip Ink Intl. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lip Ink Intl. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lip Ink Intl. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Lip Ink Intl. in its sole discretion.

You agree to indemnify, defend, and hold harmless Lip Ink Intl., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account(including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third - Party Links
In an attempt to provide increased value to our visitors, Lip Ink Intl. may link to sites operated by third parties. However, even if the third party is affiliated with Lip Ink Intl., Lip Ink Intl. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lip Ink Intl.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lip Ink Intl. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

SMS/Text Program (the “SMS Program”) Terms & Conditions


1. General: By participating in Lip Ink Intl. text alerts you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the Lip Ink Intl. text list you must text STOP to (424) 248-8973 to opt-out. This is the exclusive method for opting out. After texting STOP to (424) 248-8973 you will receive one additional message confirming that your request has been processed. Text HELP to (424) 248-8973 for help or contact [email protected]. To see how Lip Ink Intl. collects and uses your personal information, please see the Lip Ink Intl.’ Privacy Policy. In addition, please review the Lip Ink Intl.’s Terms of Use, which additionally governs your participation in the SMS Program.

In the event that you change or deactivate your mobile number it is your responsibility to notify Lip Ink Intl. at [email protected] to have your number removed. Lip Ink Intl. is not liable for delayed or undelivered messages.

Additionally, Lip Ink Intl. reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

2. Message Frequency: The SMS Program is a subscription-based program and SMS Program participants will receive a maximum of 7 messages per month. Lip Ink Intl. will occasionally offer the option to opt-in to additional mobile messages for specific promotions for a specified amount of time.

3. Authorized Participation: By enrolling in the SMS Program, you certify that you are 18 years of age or older, and are authorized: (a) to enroll the designated mobile phone number in the SMS Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS Program. Your consent to receive SMS and/or MMS messages is not a condition of purchase of any products or services, and no purchase is necessary.

4. Cost to Participate: Participation in the SMS Program is free; however, Message and Data rates may apply. Check your mobile plan for details. Lip Ink Intl. is not responsible for any messaging or data charges incurred by SMS Program participation. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the SMS Program, and you will be responsible for all charges related to them.

5. Arbitration and Class Action Waiver: Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your use of Lip Ink Intl. will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Lip Ink Intl. hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Lip Ink Intl. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.


You and Lip Ink Intl. are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Lip Ink Intl., however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

6. Limitation of Liability: We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

7. Applicable Law: Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Illinois.

8. Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

9. Changes to Terms: These terms and conditions are subject to change at any time without notice.

10. Additional Terms and Conditions: In addition to these terms and conditions, your use of the SMS Program is subject to Lip Ink Intl.’ Privacy Policy and Terms of Use. The Privacy Policy is set forth below.

Privacy Policy
You have arrived at a web site that is provided by Lip Ink Intl. (U.S.), Inc. and/or its affiliates (“Lip Ink Intl.” or “we,” “our” or “us”). This “Privacy Policy” governs your use of www.lipink.com, and any other official Lip Ink Intl. sites (including mobile sites or apps), and any interactive features, applications, and/or other services that we make available through a site that posts a link to this Privacy Policy (collectively, referred to as the “Site”).

This Privacy Policy also applies to Personal Information (defined below) we may collect from you in our Lip Ink Intl. retail stores (“Store” or “Stores”), and through official surveys and sweepstakes entry forms, or in any other instance when you contact us. This Privacy Policy describes what information Lip Ink Intl. collects about you, why we collect it, how we use it. Lip Ink Intl. does not share your personal information with any other company or service (i.e. we do not share your phone number nor email address). This Privacy Policy also describes the choices you can make about how we use your information. To the extent we provide you notice on our Site or in our Stores of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.