eBrand Commerce, Inc. ("eBrand Commerce") operates this web site ("Site") for Act Cosmetics America, Inc. the manufacturer of the “NOTE Cosmetics” brand. eBrand Commerce and ACT Cosmetics America, Inc., (whether jointly or separately) are hereinafter referred to as "we" or "us". These terms and conditions ("the Terms") govern your use of the Site.
Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
We provide you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without our specific prior written permission. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
- PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. We specifically prohibit any use of the Site, and require all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws
- Attempting to interfere in any way with the Site's or our networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
- LIMITS ON PURCHASES
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy.commande.
- SECURITY RULES
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:• Accessing data not intended for you or logging into one of our server or account, which you are not authorized to access• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)• Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.
- INTERNATIONAL USE
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
- PRODUCT AND PRICING INFORMATION
We attempt to be as accurate as possible. However, we do not warrant that product descriptions, pricing, or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. See our Return Policy In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- PROPRIETARY RIGHTS
As between you and us, (or any other company whose marks appear on the Site), we (or the respective company) are the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and are the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Our Intellectual Property") are owned by us and may be registered in the United States and internationally. You agree not to display or use Our Intellectual Property in any manner without our prior permission. Nothing on the Site should be construed to grant any license or right to use Our Intellectual Property without our prior written consent.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by us. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
- YOUR ACCOUNT SECURITY
If you use this site, 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 under 18, you may use the Site only with involvement of a parent or guardian. we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.<
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. You agree that any content, images, video, etc. submitted by you will not violate the "prohibited uses" section above.
If you respond to us with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed our property, and your submission of information shall constitute an irrevocable royalty-free assignment to us of all worldwide rights, titles and interests in and to such information. We will not be liable for any use or disclosure of such information. We will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
We publish information on our Site as a convenience to its visitors. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right (but not the obligation) to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.THE SITE AND ALL INFORMATION, MATERIALS AND CONTENT, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, MATERIALS AND CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT (i) THIS SITE, (ii) INFORMATION, MATERIALS AND CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; (iii) THE SERVERS; OR (iv) E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.WITHOUT LIMITING THE FOREGOING,(i) WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. (ii) PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. We make no warranties and assume no liability of any kind regarding any third party sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, OR PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
- RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- GENERAL INFORMATION
These Terms constitute the entire agreement between you and us and govern your use of the Site, and they supersede any prior agreements between you and us. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. We may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in our sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to us or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of California, County of Los Angeles.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of our successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page. You may also contact us by mail as follow:
For products, claims, copyright infringement:
ACT Cosmetics America, Inc. Legal Department 400 Corporate Pointe, Suite 525, Culver City, CA 90230
For issues with Site and payments operations:
eBrand Commerce, Inc. Legal Department 2645 Executive Park Drive #414 Weston FL 33331