SECTION 1 - PROHIBITED USES SECTION 2 - AGE OF CONSENT SECTION 3 - CHANGES TO TERMS OF SERVICE OR PRIVACY POLICY SECTION 4 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY SECTION 5 - INDEMNIFICATION SECTION 6 - SEVERABILITY SECTION 7 – INTELLECTUAL PROPERTY RIGHTS SECTION 8 – CLAIMS REGARDING COPYRIGHT INFRINGEMENT SECTION 9 – TERMINATION WITH OR WITHOUT CAUSE SECTION 10 - ENTIRE AGREEMENT SECTION 11 - GOVERNING LAW AND VENUE SECTION 12 – QUESTIONS AND CONTACT INFORMATION
In addition to other prohibitions as set forth in the Terms of Service or Privacy Policy, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, or of any related websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site or any other website; or (l) to sell or resell products. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
By using this Site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You can review the most current version of the Terms of Service and Privacy Policy at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service or Privacy Policy by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service or Privacy Policy constitutes acceptance of those changes.
We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site, or any part, product, or service, at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall VB Cosmetics, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Site or any products or services procured using the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred. For any states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless VB Cosmetics, Inc. and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, Privacy Policy or the documents or terms they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service or Privacy Policy is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service or Privacy Policy, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Site, and all of its contents, including text, photographs, designs, layout, images, graphics, videos, audio, software, trademarks, service marks, logos, excluding comments or other user content, is protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site, its contents, and its intellectual property are owned by VB Cosmetics, Inc.Except as otherwise provided in these Terms of Service, you may not directly or indirectly, use, publish, reproduce, display, create derivative works from, reverse engineer, copy, post, save, transmit or modify the Site or any portion thereof. Nor will you use any trademark, service mark, or logo appearing on the Site.
If you are a copyright owner or authorized agent and believe that any content on the Site infringes your copyright or trademark, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing: (a) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is purportedly infringed;(b) identification of the work alleged to have been infringed; (c) identification of the material that is allegedly infringing, and information sufficient for us to locate the material;(d) your name, address, telephone number, and email address;(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and(f) a statement, under penalty of perjury, that all the information in the notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. Any such notice should be emailed to us at legal@vbcosmetics.com.
After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service or Privacy Policy, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.
We may also terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. In the event of termination, you will still be bound by your obligations under these Terms of Service and Privacy Policy.
These Terms of Service and Privacy Policy, and any policies or operating rules posted by us on this Site, constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or Privacy Policy). The failure by us to exercise or enforce any right or provision of the Terms of Service or Privacy Policy shall not constitute a waiver of such right or provision.
These Terms of Service, Privacy Policy and any separate agreements, shall be governed by and construed in accordance with the laws of Arizona, United States of America, without reference to its choice of laws principles. Any dispute regarding these Terms of Service or Privacy Policy shall be venued exclusively in a state or federal court located in Maricopa County, Arizona. You consent to the jurisdiction of these courts with respect to any such dispute.
General questions about the Terms of Service or Privacy Policy should be sent to us at legal@vbcosmetics.com.
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Professionals should use the Professional portion of this website, which is governed by different Terms
Contact Us: VB Cosmetics, Inc., 6511 W. Frye Road, Chandler, AZ 85226
Phone:(480) 814-8300
Email:orders@vbcosmetics.com
