Welcome to Lashr.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on getlashr.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on Lashr and use the Service. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with Lashr,
- you are not a person who is barred from using the Service under the laws of the Netherlands or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Lashr, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
Modifying the Service and Termination.
Lashr is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by following the instructions in the “Account Settings".
Lashr may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Lashr: Section 4, Section 5, and Sections 12 through 19.
Safety; Your Interactions with Other Users.
Though Lashr strives to encourage a respectful users experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, it is not responsible for the conduct of any users on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Lashr’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT LASHR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. LASHR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.
Rights Lashr Grants You.
Lashr grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Lashr and permitted by this Agreement. Therefore, you agree not to:
• use the Service or any content contained in the Service for any
commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Lashr’s prior written consent.
• express or imply that any statements you make are endorsed by Lashr.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Service.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• "frame" or "mirror" any part of the Service without Lashr’s prior written authorization.
• use meta tags or code or other devices containing any reference to Lashr or the Service (or any trademark, trade name, service mark, logo or slogan of Lashr) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
• use, access, or publish the Lashr application programming interface without our written consent.
• probe, scan or test the vulnerability of our Service or any system or network.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
Rights you Grant Lashr.
By creating an account, you grant to Lashr a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). Lashr's license to your Content shall be non-exclusive, except that Lashr's license shall be exclusive with respect to derivative works created through use of the Service. For example, Lashr would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Lashr can prevent the use of your Content outside of the Service, you authorize Lashr to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Lashr members). You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Lashr above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account. In consideration for Lashr allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Lashr regarding our Service, you agree that Lashr may use and share such feedback for any purpose without compensating you. Please be informed that Lashr may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose
- use the Service in order to damage Lashr
- violate our Community Guidelines, as updated from time to time.
- spam, solicit money from or defraud any members.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
- use another users's account, share an account with another users, or maintain more than one account.
- create another account if we have already terminated your account, unless you have our permission.
Lashr reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Lashr regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Other Users' Content.
Although Lashr reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the users who posts it, and Lashr cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.
Generally. From time to time, Lashr may offer products and services for purchase ("in app purchases") through Apple Pay, Google Play, carrier billing, Lashr direct billing or other payment platforms authorized by Lashr. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or Apple Pay) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Lashr or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Auto-Renewal; Automatic Card Payment Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement. Objections to a payment already made should be directed to Customer support if you were billed directly by Lashr or the relevant third party account such as Apple Pay. You also are able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Lashr or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts. If you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on Lashr) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Lashr application from your device. Deleting your account on Lashr or deleting the Lashr application from your device does not terminate or cancel your subscription; Lashr will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Lashr or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay Lashr directly with your Payment Method.
If you pay Lashr directly, Lashr may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Lashr may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting Lashr and going to Lashr Cash. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Client Virtual Items (Lashr Cash).
From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items (lashr cash)", including but not limited to"Virtual Items (Lashr Cash)”. Any Virtual Item balance shown in your account might not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items (Lashr Cash) do not incur fees for non-use, however, the license granted to you in Virtual Items (Lashr Cash) will terminate in accordance with the terms of this Agreement, when Lashr ceases providing the Service or your account is otherwise closed or terminated. Lashr, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items (Lashr Cash) and/ or may distribute Virtual Items (Lashr Cash) with or without charge. Lashr may manage, regulate, control, modify or eliminate Virtual Items (Lashr Cash) at any time. Lashr shall have no liability to you or any third party in the event that Lashr exercises any such rights. Virtual Items (Lashr Cash) may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS (LASHR CASH) MADE THROUGH THE SERVICE ARE FINAL AND NON- WITHDRAW-ABLE. The provision of Virtual Items (Lashr Cash) for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items (Lashr Cash). YOU ACKNOWLEDGE THAT LASHR IS NOT REQUIRED TO PROVIDE A WITHDRAWAL FUNCTIONALITY IN RESPECT OF VIRTUAL ITEMS (LASHR CASH) FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS (LASHR CASH) WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Foxen Virtual Items (Lashr Cash). If you offer services on Lashr you might be eligible to earn virtual items (Lashr Cash) and withdraw cash to local account. If you are eligible this gives you a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items (lashr cash)", including but not limited to"Virtual Items (Lashr Cash)”. Any Virtual Item balance shown in your account might not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items (Lashr Cash) do not incur fees for non-use, however, the license granted to you in Virtual Items (Lashr Cash) will terminate in accordance with the terms of this Agreement, when Lashr ceases providing the Service or your account is otherwise closed or terminated. Lashr, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items (Lashr Cash) and/ or may distribute Virtual Items (Lashr Cash) with or without charge. Lashr may manage, regulate, control, modify or eliminate Virtual Items (Lashr Cash) at any time. Lashr shall have no liability to you or any third party in the event that Lashr exercises any such rights. Virtual Items (Lashr Cash) may only be redeemed through the Service.
Pricing. Lashr operates a global business and provides services to a diverse community of members. Our pricing structure may vary by region, length of subscription, bundle size, recent in-app promotions and other factors. We frequently test new features and price points to provide members with increased functionality and payment options should they choose to use them.
Booking. When a client books any service provided by a Foxen (another user offering a service on Lashr)
Booking Cancellation policy. The booking cancellation comes at a fee once a booking has been accepted. We charge the user cancelling the booking (could be the client or Foxen) 5% of booking cost as cancellation fee.
Service cancellation after a service commenced. Lashr’s escrow service first collects Lashr’s 10% commission on bookings. Then automatically deducts the cost equivalent of expended time from the remainder, pays the time equivalent earning to the Foxen and refunds the balance to the Client.
Notice and Procedure for Making Claims of Copyright
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Company's Copyright Agent via email to firstname.lastname@example.org
Lashr will terminate the accounts of repeat infringers.
LASHR PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LASHR DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. LASHR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Lashr is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Lashr is not responsible or liable for such third parties' terms or actions.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LASHR, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF LASHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LASHR’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO LASHR FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration, Class-Action Waiver, and Jury Waiver.
For all users of Lashr:
- Lashr is always interested in resolving disputes amicably and efficiently. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be by contacting us to explain your complaint, as we may be able to resolve it without the need for arbitration. email@example.com
- By using the Lashr in any manner, you agree to the above dispute resolution methods. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Lashr, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
Entire Agreement; Other.
BY ACCEPTING OUR TERMS AND AGREEMENT YOU AGREE TO USE LASHR AT YOUR OWN RISK.
Last revised on 10 July 2020