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Welcome to our website, KissMyFace.com (the "Website"). Kiss
My Face Corporation ("Kiss My Face", "KissMyFace.com", "we," "us" or "our")
provides the services and products available on the Website to you
subject to the following terms and conditions (the "Terms and
Conditions"). By accessing or using our Website, you are acknowledging
that you have read, understand, and agree, without limitation or qualification,
to be bound by these Terms and Conditions. Kiss My Face provides natural
personal care products to help enhance the way you look and feel. Our
site does not provide physical or mental health advice, and neither
the Website nor our products are intended to treat or diagnose any
such problem or condition. For help with any health concern, please
consult your professional health care provider.
1. Privacy
Please review our Privacy Policy, which also governs your visit
to the Website, so that you may understand our privacy practices.
2. Shipping and Returns
For specific information related to shipping orders or returning
products purchased through this Website, click here.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products,
pricing and availability on the Website; however, to the extent
permitted by applicable law, we do not warrant that the product
descriptions, colors or other content available on the Website
is 100% accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on our Website, including, but not limited
to: text, graphics, logos, button icons, images, audio clips, data
compilations, and software, and the compilation thereof (the "Content")
is the property of Kiss My Face Corporation and is protected by
United States and international copyright laws. The trademarks,
logos, and service marks displayed on our Website (collectively,
the "Trademarks") are the registered and unregistered
marks of Kiss My Face Corporation, our affiliates, our licensors
or our partners, in the United States and other countries, and
are protected by United States and international trademark laws.
All other Trademarks not owned by us, our affiliates, our partners
or our licensors that appear on the Website are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by us. Except as set forth in the limited
license in Section 5 below, or as required under applicable law,
neither the Content, the Trademarks, nor any other portion of our
Website may be used, reproduced, duplicated, copied, sold, resold,
accessed, modified, or otherwise exploited, in full or in part,
for any purpose without our prior written consent.
5. Limited License
We grant you a limited, revocable, and non-exclusive license to
access and make personal use of the Website. Please note that you
may not frame or utilize framing techniques to enclose the Website
or any portion thereof without our prior written consent. The limited
license set forth in this Section 5 does not include the right
to: (i) modify or download the Website or its contents (except
caching or as necessary to view content); (ii) make any use of
the Website or its Content other than personal use; (iii) create
any derivative work based upon either the Website or its Content;
(iv) collect account information for the benefit of another party;
(v) use any meta tags or any other "hidden text" utilizing
our name or the Trademarks without our express written consent;
or (vi) use software robots, spiders, crawlers, or similar data
gathering and extraction tools, or take any other action that may
impose an unreasonable burden or load on our infrastructure. You
are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of the Website for personal, non-commercial
use only unless otherwise granted by Us. A website that links to
our Website (i) may link to, but not replicate, our Content; (ii)
may not imply that we are endorsing such website or its services
or products; (iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful,
obscene, offensive or controversial, and may contain only content
appropriate for all ages; (v) may not portray us or our products
or services, in a false, misleading, derogatory, or otherwise offensive
or objectionable manner, or associate us with undesirable products,
services, or opinions; (vi) may not use any Trademark without express
written permission; (vii) may not link to any page of the Website
other than the home page. We may, in our sole discretion, request
that you remove any link to the Website, and upon receipt of such
request, you shall immediately remove such link. Any unauthorized
use by you of the Website terminates the limited license set forth
in this Section 5 without prejudice to any other remedy provided
by applicable law.
6. Your Account
If you use the Website, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. If
you are accessing and using the Website on someone else's behalf,
you represent that you have the authority to bind that person as
a principal to all the Terms and Conditions provided herein, and
you agree to accept liability for harm caused by any wrongful use
of the Website resulting from such access or use. We reserve the
right to refuse service, terminate accounts, or remove or edit
content, for any reason, in our sole discretion without prior notice.
7. Third Party Links
We are not responsible for the content of any off-Website pages
or any other websites linked to or from the Website. Links appearing
on the Website are for convenience only and are not an endorsement
by us, our affiliates or our partners of the referenced content,
product, service, or supplier. Your linking to or from any off-Website
pages or other websites is at your own risk. We are in no way responsible
for examining or evaluating, and we do not warrant the offerings
of, off-Website pages or any other websites linked to or from the
Website, nor do we assume any responsibility or liability for the
actions, content, products, or services of such pages and websites,
including, without limitation, their privacy statements and terms
and conditions. You should carefully review the terms and conditions
and privacy policies of all off-Website pages and other websites
that you visit.
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8. Submissions
We welcome inquiries or feedback on the products you use or might like
to purchase. However, all suggestions and ideas, any inquiries, feedback,
suggestions, ideas or other information you provide us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential. Subject to
the terms of our Privacy Policy, by transmitting or posting any Submission,
you hereby grant us a nonexclusive, royalty-free, perpetual, transferable,
irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, sell, assign, translate, create derivative works from,
distribute, and display any Submission in any form, media, or technology,
whether now known or hereafter developed, alone or as part of other
works. You also acknowledge that your Submission may not be returned
and we may use your Submission, and any ideas, concepts or know-how
contained therein, for any purpose including, without limitation, developing,
manufacturing, distributing and marketing products. If you make a Submission,
you represent and warrant that you own or otherwise control the rights
to your Submission. You further represent and warrant that such Submission
does not constitute or contain software viruses, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You
may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead us as to the origin of any Submission. You agree
to indemnify us for all claims arising from your claims to any rights
in any Submission.
9. Representations and Warranties; Limitation of Liability
OUR WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR
LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA
NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH
OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES,
SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR
USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY
WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO
THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
10. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages
or costs, including reasonable attorneys' fees, resulting from any
third party claim, action, or demand resulting from your use of the
Website. You also agree to indemnify us for any loss, damages, or costs,
including reasonable attorneys' fees, resulting from your use of software
robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden
or load on our infrastructure.
11. Disputes
With respect to any dispute regarding the Website, your rights
and obligations and all actions contemplated by these Terms and
Conditions shall be governed by the laws of New York, as if the
Terms and Conditions were a contract wholly entered into and
wholly performed within New York. Any dispute relating in any
way to your visit to the Website shall be submitted to confidential
arbitration in New York, except that, to the extent you have
in any manner violated or threatened to violate our intellectual
property rights, we may seek injunctive or other appropriate
relief in New York, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
12. General
You acknowledge and agree that these Terms and Conditions, together
with our Privacy Policy, constitute the complete and exclusive
agreement between us concerning your use of the Website, and supersede
and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms
and Conditions at any time by posting the changes on the Website.
Any changes are effective immediately upon posting to the Website.
Your continued use of the Website constitutes your agreement to
all such terms and conditions. We may, with or without prior notice,
terminate any of the rights granted by these Terms and Conditions.
You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Website. Nothing
contained in these Terms and Conditions shall be construed as creating
any agency, partnership, or other form of joint enterprise between
us. Our failure to require your performance of any provision hereof
shall not affect the full right to require such performance at
any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions shall
be unenforceable or invalid under any applicable law or be so held
by any applicable court decision, such unenforceability or invalidity
shall not render these Terms and Conditions unenforceable or invalid
as a whole. We will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible,
our original objectives and intent as reflected in the original
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