1. USE OF SITE MATERIALS
All content, design, text, graphics, logos, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site are protected by United States and international copyright law and other intellectual property laws and are owned by Industry Cosmetics or other respective owners that have granted Industry Cosmetics the right and license to use such materials.
All trademarks, service marks, trade names, logos and trade dress (collectively, the “Marks”) are registered and unregistered trademarks of Industry Cosmetics or other respective owners that have granted Industry Cosmetics the right and license to use such Marks. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on the Site. You may not use any Marks without the prior written permission of Industry Cosmetics.
4. USER ACCOUNTS
5. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to purchase products from the Site without the supervision of a parent or legal guardian.
6. USER SUBMISSIONS
Any material, information, idea, photo, or other communication you transmit to or post on this Site or to Industry Cosmetics by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Industry Cosmetics and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (“Communications”). Industry Cosmetics will have no obligations with respect to the Communications. Industry Cosmetics and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Site anything illegal, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages, or could rise to any civil or criminal liability under the law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Industry Cosmetics reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Industry Cosmetics a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Industry Cosmetics and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Industry Cosmetics for all claims resulting from content you supply. Industry Cosmetics has the right but not the obligation to monitor and edit or remove any activity or content. Industry Cosmetics takes no responsibility and assumes no liability for any content posted by you or any third party.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by U.S. Mail to Industry Cosmetics., Attn: Copyright Agent, 324 S. Beverly Blvd. Beverly Hills, CA 91212, or by email to [email protected]. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:
• A detailed description of the copyrighted work you believe is being infringed;
• A description (such as the subdomain link) of the location on the Application where the allegedly infringing content appears;
• Your contact information, including your name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
• An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE SITE IS PROVIDED BY INDUSTRY COSMETICS ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. INDUSTRY COSMETICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDUSTRY COSMETICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. INDUSTRY COSMETICS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF INDUSTRY COSMETICS.’S CONTROL. Price and availability information is subject to change without notice.
IN NO EVENT SHALL INDUSTRY COSMETICS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF INDUSTRY COSMETICS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
9. LINKS TO THIRD PART SITES
This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). These links are provided solely as a convenience to you, and do not constitute an endorsement by Industry Cosmetics of the content of such third party sites nor of the business practices of such other businesses, entities or individuals. You acknowledge that Industry Cosmetics is not responsible for the availability of, or the content located on or through, any External Site. You should carefully review their privacy statements and other conditions of use on any third party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
10. GOVERNING LAW; JURISDICTION
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 18.
11. ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. INTERNATIONAL LAW
We control, operate, and administer the Site from the United States. We make no representation that any material on our Site is appropriate or available for use outside of the United States. Illegal access to the Site from territories where their content is illegal is prohibited. You may not use the Site or export it in violation of U.S. export laws, rules, and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
In order to expedite and control the cost of disputes, you and Industry Cosmetics agree that any legal or equitable claim relating to use of this Site or purchase of any product from this Site (referred to as a “Claim”) will be resolved as follows:
A. Informal Resolution:
You and Industry Cosmetics will first attempt to resolve any Claim informally. Accordingly, neither you nor Industry Cosmetics may start a formal Arbitration proceeding for at least 60 days after one party notifies the other party of a Claim in writing.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 17(A).
B. Formal Resolution by Arbitration:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
JAMS [to your local JAMS office or to JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225].
(3) Send one copy of the Demand for Arbitration to the other party.
C. Time to Bring Your Claim:
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 17(C).
18. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
Copyright © 2018 Industry Cosmetics. All rights reserved.
Last Modified Feb 24, 2018