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Conditions of Use
Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We
maintain this web site as a service to our customers, and by using our site you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should not review information or obtain goods, services or products from this
site.
PLEASE NOTE: YOU MUST
BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE
ON OUR SITE.
Acceptance of Agreement. You
agree to the terms and conditions outlined in this Terms and Conditions of use
Agreement ("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire and only agreement
between you, and us and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. We may amend this Agreement at any time and from time
to time without specific notice to you. The latest Agreement will be posted on
the Site, and you should review this Agreement prior to using the Site.
Copyright. The
content, organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable
copyrights, trademarks, registered trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials.
Fraud: By
becoming a member, you confirm that the information provided in this form is
true and that you agree to abide by the Terms and Conditions of use of this
site. Please note that your membership can be cancelled without notice if it is
determined that false or misleading information has been provided, the Terms
and Conditions of use have been violated, or other abuses have occurred as
determined by Da Vinci CosmeticsTM in its
sole discretion. If membership has been revoked, Da Vinci CosmeticsTM reserves the right to refuse application or
readmission to the membership program.
Limited Right to Use. The
viewing, printing or downloading of any content, graphic, form or document from
the Site grants you only a limited, nonexclusive license for use solely by you
for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
Editing, Deleting and
Modification. We reserve the right in our sole discretion to
edit or delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of the Site.
Indemnification. You
agree to indemnify, defend and hold partners and our attorneys, staff, us and
affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable. Any password or right given to
you to obtain information or documents are not transferable and may only be
used by you.
Disclaimer. THE
INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES
AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
Limits. All
responsibility or liability for any damages caused by viruses contained within
the electronic file containing the form or document is disclaimed. WE WILL NOT
BE LIABLE TO YOU FOR ANY INCIDENTAL; SPECIAL OR CONSEQUENTIAL DAMAGES HAVE ANY
KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum
liability to you under all circumstances will be equal to the purchase price
you pay for any goods, services or information.
Use of Information. We
reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
Third-Party Services. We
allow access to or advertise third-party merchant sites ("Merchants")
from which you may purchase or otherwise obtain certain goods or services. You
understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH
MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
Third-Party Merchant Policies. All
rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. The Merchants and we are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
Privacy Policy. Our
Privacy Policy ß “Make “Privacy Policy a hyperlink to your
privacy policy page”, as it may change from time to time, is a part of
this Agreement.
Payments. You
represent and warrant that if you are purchasing something from us or from our
Merchants that (i) any credit card information you supply is true, correct and
complete, (i) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any shipping fees and applicable taxes.
Securities Laws.
This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and objectives that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates, which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained herein
do not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be incorporated into any of our securities-related filings
or documents.
Links to Other Web Sites. The
Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
Submissions. All
suggestions, ideas, notes, concepts and other information you may from time to
time send to us (collectively, "Submissions") shall be deemed and
shall remain our sole property and shall not be subject to any obligation of
confidence on our part. Without limiting the foregoing, we shall be deemed to
own all known and hereafter existing rights of every kind and nature regarding
the Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
Return Policy. Due
to the nature of our online site, and the products listed, we “Da Vinci
Cosmetics TM” have a strict NO RETURN policy for any product. No
product shall be able to be returned for a like item, or for a cash refund
Venue; Applicable Law. YOU
AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF
THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY
YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF LOS ANGELES
COUNTY, CALIFORNIA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA
YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING
ANY CLAIM THAT ENCINO CALIFORNIA OR THE DISTRICT OF CALIFORNIA IS AN
INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is
created and controlled by Da Vinci CosmeticsTM, a
whole owned subsidiary of Da Vinci CosmeticsTM in the
State of California USA. As such, the laws of California will govern the terms
and conditions contained in this Agreement and elsewhere throughout the Site,
without giving effect to any principles of conflicts of laws.
Lapsed Accounts: In
order to keep Da Vinci CosmeticsTM membership
roster current, if a Member does not access his or her account for a period of 180
days or more, Da Vinci CosmeticsTM may, in its sole
discretion, terminate such Member's account. Da Vinci CosmeticsTM
will endeavor to notify a Member of Da Vinci CosmeticsTM intent
to terminate such Member's account by notice to such Member's provided email
address at least a week prior to deactivation. If the Member fails to respond
to such email notice with a week after the day it is sent by Da Vinci
CosmeticsTM , such Member's account will be terminated as
noted above. Therefore, Da Vinci CosmeticsTM strongly
recommends that all Members keep their accounts and contact data current and in
use. While Da Vinci CosmeticsTM desires to prevent
active accounts from being terminated prematurely, Da Vinci CosmeticsTM
no obligation to maintain accounts that appear to Da Vinci CosmeticsTM
to have been abandoned. Each Member agrees that failure to access his or her
account for 180 days or more conclusively indicates that such Member's account
has been abandoned and that the account may therefore be terminated.
Verify Members' Address:
Da Vinci CosmeticsTM reserves the right to
contact a Member via email to verify the accuracy of account information
(including the Member's correct name and address) that is needed to provide the
Member with the information he or she requested from Da Vinci CosmeticsTM.
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