The Service includes a combination of content that we create and that other third party content suppliers create. You understand that the Service are provided "AS IS", and that Be Layered does not guarantee the accuracy, integrity or quality of any content available on the website. Be Layered disclaims all responsibility and liability for the accuracy, availability, timeliness, security or reliability of the Service. We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
The Service is directed to adults and is not directed to children under the age of 18. You must be 18 years of age or older to use the Service.
Access to Sites
Be Layered grants you a limited license to access and use the website via Web browsers or RSS readers only. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content or Design of the website.
In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the website. You further agree that you will not interfere with another member's use and enjoyment of the Service; you will not interfere with or disrupt the security measures of the Service; you will not interfere with or disrupt networks connected to the Service.
Permission is granted to temporarily download one copy of the materials (information or software) on Be Layered website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Be Layered website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server;
- transfer the materials to another person or "mirror" the materials on any other server;
- access the site using automated means which may degrade service for others.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Be Layered at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Conduct on Website and Contribution of Content
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content (including text, communications, data or other information) that:
- is known by you to be false, inaccurate or misleading;
- is for purposes of spamming;
- is unlawful, obscene, vulgar, shocking, excessive profanity, threatens or advocates for harm on oneself or others, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), pornographic, adult or mature, or otherwise violates our rules or policies, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state or federal law, bullies, victimizes, harasses, degrades, or intimidates an individual or group of individuals;
- is malware, adware, hacking, cracking content, Illicit drugs and drug paraphernalia content, or any other content that is illegal, promotes illegal activity or infringes on the legal rights of others;
- contains links to software viruses or any other computer code, files, or programs itself that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonates any person or entity, including any of our employees or representatives;
- is regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails;
- claims the identity, characteristics or qualifications of another person;
- for which you were compensated or granted any consideration by any third party;
- incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or other characteristic that is associated with systemic discrimination or marginalization;
- infringes or violates on any patent, trademark, trade secret, copyright, right of publicity, other proprietary right of any party, or other intellectual property rights;
- promotes, sells, or advertises tobacco or tobacco-related products, alcoholic beverages, prescription drugs, weapons or ammunition (e.g., firearms, firearm components, fighting knives, stun guns), distribution of coursework or student essays, products obtained from endangered or threatened species;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with our Terms and Conditions of Service, Adsense program policies, and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate.
In addition, you may not use the Service to breach security or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability. Not all areas of the Website may be available to you or other authorized users of the Website.
Much of the content of this Website is provided by and is the responsibility of the person or people who made those postings. We do not ensure the accuracy or legitimacy of any comments, remarks or other information posted or generated by users of this Website and, therefore, take no responsibility for such content provided by users or other third parties. However, we reserve the right to delete any content at any time without notifying the person from which such content originated. You hereby consent to such removal and waive any claim against us arising out of such removal of content. We are not responsible for any failure or delay in removing content.
Any failure by us to enforce or exercise any provision of these Terms and Conditions of Service or related rights shall not constitute a waiver of that right or provision.
Use of Materials and Proprietary Rights
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation. Any reproduction or redistribution of the site or the collective work is prohibited without the express written consent of Be Layered.
By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Be Layered an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
By posting your content using the website, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
By posting content to the website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the website, any content you supply to the website, or your violation of these Terms or the rights of another.
Trials & Happiness Guarantee
You accept that, to be eligible for store credit "Cashback" promotions, your purchase is first subject to a 60 day trial period. After 60 days of your purchase, should you be unsatisfied, you will write our customer success team the products you tried, a detailed response of the smell of each individual perfume, as well as a unique reason why you didn't like each scent.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
You agree to be responsible for any action that occurs as the result of any access to your account as the result of access with your password. You agree that if it is determine that your password has been compromised that your account may be closed or access to the account may be terminated with no obligation to keep or maintain the information or data in your account.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The materials and all information on Be Layered website are provided "as is". Be Layered makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
The materials appearing on Be Layered website could include technical, typographical, or photographic errors. Be Layered does not warrant that any of the materials on its website are accurate, complete, or current. Be Layered may make changes to the materials contained on its website at any time without notice. Be Layered does not, however, make any commitment to update the materials. Be Layered does not warrant that the servers this website is hosting on will be will be constantly available, or available at all. Be Layered does not warrant that the information on this website is complete, true, accurate or non-misleading.
Nothing on this website should be taken to construe or constitute advice of any kind or a formal recommendation and we exclude all representations and warranties relating to this site's content and use. If you require advice relating to any medical, financial or legal matter, you should consult with an appropriate professional.
Links to other Websites and Advertisement
This website includes links to third party sites. You acknowledge and agree that Be Layered is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. Be Layered takes no responsibility for third party advertisements which are posted on the website, nor does it take any responsibility for the products or services provided by its advertisers. Be Layered has not reviewed all of the sites linking to or linked to from the website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Be Layered of the site. Use of any such linked website is at the user's own risk.
In no event, will Be Layered be liable for any damages of any kind, including, without limitation, those relating to business losses, business interruption, loss of profit, loss of contracts, loss of goodwill, loss or corruption of data, or anticipated losses arising out of connection with the use or inability to use the materials on Be Layered or any linked websites, even if Be Layered or a Be Layered authorized representative has been notified orally or in writing of the possibility of such damage.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Disclaimer of Warranties
Be Layered disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the website.
ALL CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL Be Layered BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, EVEN IF Be Layered HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.
You accept that all social media promotions are subject to a 60 day trial period before being eligible for store credit. You agree that Be Layered's "Cashback" promotions, are redeemed as store credit.
You accept that, as a limited liability entity, Be Layered has an interest in limiting the personal liability of its employees and officers. You agree that you will not bring any claim, in respect to any losses you suffer in connection with this website, personally against the employees and officers of Be Layered.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Be Layered's employees, officers, agents, subsidiaries, and sub-contractors as well as Be Layered.
You agree to hold harmless and indemnify Be Layered, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Be Layered reserves the right to immediately terminate your use of, or access to the Service if Be Layered decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that we consider to be inappropriate or unacceptable.
The Site and the Service are operated by Be Layered in the state of California, United States of America. Those who choose to access the Site, and/or the Service from locations outside the state of California, United States of America, do so on their own initiative and are responsible for compliance with applicable local laws.
Removing your Personal Information from Be Layered
If you want to remove your information from the Be Layered phone directory, please contact us via our contact us page. Your information will be removed from our system as soon as is reasonably possible.