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TERMS OF USE AND APPLICABLE LAWS
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”) By accessing or using this Site, you agree to the terms of use, conditions and applicable laws. If you do not agree to these terms you may not use this Site. Your use of this Site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Looks Can Kill Cosmetics ®) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Looks Can Kill Cosmetics ® products) must be commenced within one (1) year after the claim or cause of action arises. Looks Can Kill Cosmetic’s ® failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Looks Can Kill Cosmetics ® may assign its rights and duties under this Agreement to any party at any time without notice to you. Looks Can Kill Cosmetics ® welcomes user comments, information and submissions. In addition, you and other users of the lckcosmetics.com Site from time to time may have an opportunity to post certain knowledge, material, or commentary on the Looks Can Kill Cosmetics ® Site, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, “tips,” and opinions. Subject to our, Privacy Policy as outlined in the Privacy Statement, all information and other content that you post on the Looks Can Kill Cosmetics ® Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site. By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Looks Can Kill Cosmetics ® Site ("User Content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the lckcosmetics.com Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the lckcosmetics.com Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the lckcosmetics.com Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the lckcosmetics.com Site or servers or networks linked to the lckcosmetics.com Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the lckcosmetics.com Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the lckcosmetics.com Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the Looks Can Kill Cosmetics ® Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (j) solicit other guests of the Looks Can Kill Cosmetics Site at lckcosmetics.com to become members of any commercial on line service or other group or organization. You acknowledge and agree that User Content you view or post on the Looks Can Kill Cosmetics ® Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Looks Can Kill Cosmetics ®, and does not support or endorse any User Content or any other content or otherwise posted by you or any other user. You acknowledge that Looks Can Kill Cosmetics ® does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the lckcosmetics.com Site. However, Looks Can Kill Cosmetics and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in Looks Can Kill Cosmetics ® judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the lckcosmetics.com Site may be purged periodically in Looks Can Kill Cosmetic’s ® sole discretion. Looks Can Kill Cosmetics ® is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the lckcosmetics.com Site, whether created by Looks Can Kill Cosmetics ® or submitted to Looks Can Kill Cosmetics ®. User Content includes the opinions, statements and other content of third parties, not Looks Can Kill Cosmetics ® does not endorse any such opinions, statements or other content posted on or accessible through the lckcosmetics.com Site. Looks Can Kill Cosmetics ® does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Looks Can Kill Cosmetic’s ® receipt or acceptance of any such materials. Any User Content submitted by you to the lckcosmetics.com Site will be deemed non-proprietary and non-confidential and may be used by Looks Can Kill Cosmetics ® without restriction. By submitting or sending information, material, or any other communication to Looks Can Kill Cosmetics ® through the lckcosmetics.com Site, including User Content, you grant Looks Can Kill Cosmetics ® the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Looks Can Kill Cosmetics ® and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the lckcosmetics.com Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by Looks Can Kill Cosmetics ®. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with the Looks Can Kill Cosmetics’ ® Privacy Policy. You understand that the technical processing and transmission of the lckcosmetics.com Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Looks Can Kill Cosmetics ® assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the lckcosmetics.com Site. You agree that you will not harvest, collect or store information about the users of the lckcosmetics.com Site or the User Content or use such information for any purpose inconsistent with the purpose of the lckcosmetics.com Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. As between Looks Can Kill Cosmetics ® and you, except for User Content, Looks Can Kill Cosmetics ® is the sole owner of all content on the lckcosmetics.com Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the lckcosmetics.com Site (“Looks Can Kill Cosmetics ® Proprietary Material”). The compilation (meaning the collection, arrangement and assembly) of all Looks Can Kill Cosmetics ® Proprietary Material on the lckcosmetics.com Site is the exclusive property of Looks Can Kill Cosmetics ®. The contents of the lckcosmetics.com Site are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Looks Can Kill Cosmetics ® Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the lckcosmetics.com Site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the lckcosmetics.com Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the lckcosmetics.com Site or use of such materials for any other purpose is a violation of Looks Can Kill Cosmetics’ ®' copyright and other proprietary rights. By using the lckcosmetics.com Site, you agree to defend, indemnify, and hold harmless Looks Can Kill Cosmetics ®, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the lckcosmetics.com Site or any service available on or through the lckcosmetics.com Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Looks Can Kill Cosmetics ® Proprietary Material, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the lckcosmetics.com Site applicable to your use of the Looks Can Kill Cosmetics ® Site, by you. You may be able to link to third party Web sites ("Linked Sites") from the lckcosmetics.com Site. Looks Can Kill Cosmetics ® is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Looks Can Kill Cosmetics ® cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. Looks Can Kill Cosmetics ® does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Looks Can Kill Cosmetics ® be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Looks Can Kill Cosmetics ® reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the lckcosmetic.com Site and/or introduce different features or links to different users. Other sites may link to the lckcosmetics.com Site only through a plain-text link subject to the prior written approval of a duly authorized employee of Looks Can Kill Cosmetics ®. To seek our permission, please contact us at the address below. Looks Can Kill Cosmetics ® reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the lckcosmetics.com Site, at our discretion, with or without cause, at any time. VISITORS TO THE LOOKS CAN KILL COSMETICS ® SITE AGREES THAT THEIR USE OF THE LOOKS CAN KILL COSMETICS ® SITE IS AT THEIR OWN SOLE RISK. THE LOOKS CAN KILL COSMETICS ® SITE IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, LOOKS CAN KILL COSMETICS ® (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE REVLON SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOOKS CAN KILL COSMETICS ® ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND LOOKS CAN KILL COSMETICS ® HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE LOOKS CAN KILL COSMETICS ® SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. LOOKS CAN KILL COSMETICS ® AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE LOOKS CAN KILL COSMETICS ® SITE BY ANYONE OTHER THAN AUTHORIZED LOOKS CAN KILL COSMETICS’ ® EMPLOYEES ACTING IN SUCH CAPACITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE LCKCOSMETICS.COM SITES INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE REVLON SITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. LOOKS CAN KILL COSMETICS ® DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE LCKCOSMETICS.COM SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE LCKCOSMETICS.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. LOOKS CAN KILL COSMETICS ® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE LCKCOSMETICS.COM SITE. YOU (AND NOT LOOKS CAN KILL COSMETICS ® OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL REVLON OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE REVLON SITES, EVEN IF REVLON SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE REVLON SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOOKS CAN KILL COSMETICS’ ® LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING LOOKS CAN KILL COSMETICS’ ® LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS). Looks Can Kill Cosmetics ® controls the lckcosmetics.com Site from our offices in the State of Arizona, United States of America. While we invite visitors from all parts of the world to visit the lckcosmetics.com Site, visitors acknowledge that the lckcosmetics.com Site, and all activities available on and through the lckcosmetics.com Site, are governed by the laws of the United States of America and the laws of the State of Arizona. We do not represent that materials on the lckcosmetics.com Site is appropriate or available for use in other locations. Persons who choose to access the lckcosmetics.com Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that the laws of the State of Arizona, excluding its conflicts-of-law rules, and these Terms and Conditions, Looks Can Kill Cosmetics’ ® Privacy Policy and any other policies posted from time to time on the lckcosmetics.com Site applicable to your use of the lckcosmetics.com Site shall govern your use of the lckcosmetics.com Site. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the lckcsometics.com Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Looks Can Kill Cosmetics ® or relating in any way to your use of the lckcosmetics.com Site resides in the courts of the County of Maricopa, State of Arizona, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Maricopa, State of Arizona, in connection with any such dispute and including any claim involving Looks Can Kill Cosmetics ® or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the lckcosmetics.com Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. Looks Can Kill Cosmetics’ ® failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of Looks Can Kill Cosmetics ®. Looks Can Kill Cosmetics ® may assign its rights under these Terms and Conditions to any party at any time without notice to you. Please feel free to contact us or send a letter to Consumer Affairs at Looks Can Kill Cosmetics, Ltd., 7119 East Shea Blvd., Suite 109-195, Scottsdale, AZ 85254. You agree that Looks Can Kill Cosmetics ® may send notices to you regarding your use of the lckcosmetics.com Site by means of electronic mail, a general notice posted on the lckcosmetics.com Site or by written communication from Looks Can Kill Cosmetics, Ltd., delivered either by overnight courier or US mail to your email or mailing address as appearing in Looks Can Kill Cosmetics’ ® records from time to time. These Terms of Use were last updated on July 1, 2006.
We have carefully selected a company, Falconareainternet, to assist us in better understanding how people use our site. lckcosmetics.com will place cookies on your computer to collect information. The information that is collected through these cookies tells us things like which search engine referred you, how you navigated around our site, what you browsed and purchased and what traffic is driven by banner ads and emails. Falconareainternet analyzes the information it collects from Looks Can Kill Cosmetics® on the lckcosmetics.com web site and returns it to us through a secure web connection. We use the information to help us understand your interests in our web site and how to better serve you. It also helps us provide you with more personalized product offerings. lckcosmetics.com does not allow Falconareainternet to collect credit card, username or password information. Falconareainternet may only use your personal information to perform services for us. It may not share your personal information with anyone else, or use it for any other purpose, except on an aggregate, non-personal basis (in other words, the information will not be identified with you). Falconareainternet is required to maintain all of the information it collects and analyzes securely and in confidence. As a visitor to lckcosmetics.com, you may choose to opt-out of Falconareainternet’s analysis of your browsing and purchasing behavior on our site. You may also choose to continue to benefit from the improved shopping experience that the Falconareainternet analysis allows us to provide, but maintain your anonymity. To learn more about the various levels of privacy and confidentiality you can select with respect to Falconareainternet on this site and to exercise your opt-out choices, click here. Please note that Falconareainternet collects data on our site using first-party data collection. As a result, blocking cookies served from third-party domains will not block these first-party lckcosmetics.com cookies. You need to follow the opt-out process specified (see paragraph above) in order to opt-out of Falconareainternet data collection. Looks Can Kill Cosmetics® distributes its own private brands as well as offering a few select brands from other top cosmetics manufacturers and distributors. |
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