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Terms of Use

Last Updated: November 2nd, 2015

Thank you for visiting SkylaCosmetics.com website (“Website”). SkylaCosmetics.com and all entities that are controlled by or affiliated or under common control with SkylaCosmetics.com are collectively referred to herein as “Company”. The following terms and conditions (collectively with the Privacy Policy at www.skylacosmetics.com/privacy-policy the (“Terms of Use”) are a legally binding agreement between each user (“you” or “your”) and “Company” (“we,” “us,” “our” or “ours”) and apply to Company and the content, features, services, social media channels and applications offered by Company. By accessing or using the Website, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you are over the age of eighteen (18).

Intellectual Property
You acknowledge that all materials at the Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of the Company and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of the Company and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of the Company and may not be copied, imitated or otherwise used, in whole or in part, without prior written authorization. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with the Company, using the Interactive Services or using the Website as a shopping resource. The Company reserves the right to enforce its intellectual property rights to the fullest extent of the law.

Intellectual Property
You acknowledge that all materials at the Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of the Company and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of the Company and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of the Company and may not be copied, imitated or otherwise used, in whole or in part, without prior written authorization. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with the Company, using the Interactive Services or using the Website as a shopping resource. The Company reserves the right to enforce its intellectual property rights to the fullest extent of the law.

Product Information
The products displayed on the Website can be ordered and delivered only within the U.S. All prices displayed on the Website in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

All material and information presented by the Company is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is a solely online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. The Company does not give or intend to give any answers to medical related questions and the Website does not replace any medical professional or medical resource. The Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Website and the customer rating and review services (“Interactive Services”), are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from The Company. The Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products offered by the Company to be provided to you that may result in a violation of these Terms of Use, as determined by The Company in its sole discretion.

Third Party Content and Third Party Sites
The Company may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. The Company does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between the Company and such third party. The Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. The Company is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to the Company through the Interactive Services, do not necessarily reflect the views of the Company.

Website Use
You are required to establish an account at the Website in order to make a purchase and possibly to access some of our Interactive Services. If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or the Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, the Company has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Company. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.

You further agree that you will not access this Website by any means except through the interface provided by the Company for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of the Company is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of the Company is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

The Company makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the Company, are responsible for compliance with applicable local laws.

Your Content Submissions
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Website, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content").

The Company provides the Website and the Interactive Services and all other applications and services on the Website as a forum only. The Company is not liable for any statements, representations, or Content provided by its users in any public forum on the Website or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via Web or on the Website or any Third Party Site, including through the Interactive Services, is not controlled by the Company. The Company cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and the Company shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will the Company be liable in any way for any
Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Website or through the Interactive Services.

You may access the Content and any other content on the Website only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Website or the Content therein. You may not interfere with or disrupt the Website, or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers. The Company reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

Submitting any content to The Company warrants that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • You are at  least 18 years old;
  • Use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any Content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold the company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any Content that you submit, you grant the Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology throughout the world without compensation to you.

All Content that you submit may be used at the Company’s sole discretion. The Company reserves the right to change, condense or delete any Content on the Website or Interactive Service that the Company deems, in its sole discretion, to violate the Content guidelines or any other provision of these Terms of Use. The Company does not guarantee that you will have any recourse through the Company to edit or delete any Content you have submitted. The Company reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not the Company, are responsible for the contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of the Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that the Company and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Termination
You agree that the Company may terminate or suspend your access to all or part of this Website, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user or the Company. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Warranties, Disclaimers and Limitations of Liability," "Indemnification," "Applicable Law and Jurisdiction" and "User Content and Conduct" sections of these Terms of Use.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

Warranties, Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Website is at your sole risk. The website and the materials contained herein are provided on an "as is" and "as available" basis, except as otherwise expressly provided in these terms of use, The Company and their respective officers, directors, employees and other representatives, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Company and respective officers, directors, employees and other representatives make no warranty that: (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations or needs; and (v) any errors in the Website will be corrected.

All products and services purchased on or through the Website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Company disclaims all warranties of any kind, either express or implied, including any implied warranties, with respect to the products and services listed or purchased on or through the Website. Without limiting the generality of the foregoing, the Company expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.

The Company shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this Website or any third party Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between the company and you. The products, information and services offered on and through the Website would not be provided without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the Company for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from the Website.

Indemnification
You agree to indemnify, defend and hold harmless the Company against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Website.

Applicable Law
The Website and Interactive Services are created and controlled by the Company in the State of California, U.S.A. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. The Company reserves the right to make changes to the Website and these Terms of Use at any time.

DMCA
If you believe your work or Content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide the Company’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
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 upon;
A description of where the material that you claim is infringing is located on the Website;
A 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;
Your name, address, telephone number and email address (if available); 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 are authorized to act on the copyright owner's behalf.
Please email legal@skylacosmetics.com for contact information for the Company’s DMCA designated copyright agent.

General

These Terms of Use constitute the entire and only Terms of Use between the Company and each user of the Website with respect to the subject matter of these Terms of Use. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.