2. YOUR OBLIGATIONS AND RESPONSIBILITIES
4. INTELLECTUAL PROPERTY
All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the collection and organization thereof (collectively, the “Content”), is the property of Create it! Cosmetics, its affiliates, partners or licensors, and is protected under Dutch and international law, including but not limited to copyright law, copyright and neighboring rights, rights to databases, software rights, rights to drawings and models and trademarks.
Except as set forth in Section 5 regarding limited licenses, or as permitted under applicable law, neither the Content nor any part of the Site may be used, reproduced, duplicated, copied, sold, resold, acquired, modified or otherwise exploited, in whole or in part, for any reason.
5. LIMITED LICENSES
We grant you a limited, revocable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or use framing techniques to embed the Site or any portion thereof; (b) republish, redistribute, transfer, sell, license or download the Site or any and/or all Content (other than “caching” or as necessary to view the Site); c) use the Site or its Content for reasons other than personal use; (d) modify, revise, create or create derivative works based on the Site or on any and/or all Content, except to the extent such right may not be limited under applicable law; (e) collect accounting information for the benefit of yourself or another party; (f) use meta tags or any other ‘hidden text’, using any and/or all Content; or (g) use software robots, spiders, crawlers or similar tools to collect and obtain data or take any other action that imposes an unreasonable load on our infrastructure. You must retain without modification any proprietary information appearing on or associated with or included in the Site.
We also grant you a limited, revocable and non-exclusive right to create a hyperlink to the home page of the Site for your personal, non-commercial use only. A website that provides access to our Site through a link (i) may link only to our home page and may not, under any circumstances, make a copy of its Content; (ii) not imply that we endorse any such website or the services or products offered on it; (iii) must not misrepresent its relationship with us; (iv) must not contain content that could be interpreted as tasteless, obscene, offensive or controversial and must only contain content that is legal and appropriate for all ages; (v) may not present us or our products or services in any false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; and (vi) may not link to any page of the Site other than the home page. We reserve the right in our sole discretion to request that you remove any link to our Site, and upon receipt of such request you will immediately remove such link and discontinue any linking unless separately expressly authorized by us in writing to resume links.
6. LINKS TO THIRD PARTIES
We are not responsible for the content of any off-site pages or any other websites linked to or linking to our Site. Links appearing on our Site are provided solely as a convenience to our users and their presence does not imply an endorsement by us or our affiliates or partners for their content, products, services or suppliers. If you create links to or from off-site pages or other websites yourself, you do so at your own risk. We are in no way responsible for examining or evaluating any off-site pages, nor do we warrant the offerings thereof, or of any other websites linked from or linking to our Site, nor can we assume any responsibility or be liable for the actions, content, products or services of such pages and websites, including but not limited to their privacy policies and terms and conditions. We encourage you to carefully read the terms and conditions and privacy policies of any off-site pages and other websites you visit.
7. SPECIAL FEATURES, FUNCTIONALITIES AND EVENTS
8. USER CONTENT
When you transmit, upload, post, email or otherwise make available on the Site any data, text, software, music, sound, photographs, graphics, images, drawings, videos, messages or other materials (“User Content”), you are wholly responsible for this User Content. Such User Content constitutes a Proposal under Section 8. This means that all third parties, and not us, are fully responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in the transmission, upload, posting, emailing, or otherwise making available on the Site any User Content (a) that is unlawful, is harmful, threatening, abusive, harassing, adverse, defamatory, vulgar, obscene, libelous, invasive of one’s privacy, hateful, or racially, ethnically or otherwise inadmissible; (b) which you are prohibited from making available under any law or under any contractual or fiduciary relationship; (c) which you know to be false, inaccurate or misleading; (d) for which you have been reimbursed or for which you have received any compensation from a third party; or (e) which infringes any patent, trademark, trade secret, copyright, related rights, database rights or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, email or otherwise transmit any software viruses, unsolicited or unauthorized advertising, solicitation or promotional materials, including chain letters, mass mailings, or any form of “spam”. to make available. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass any third party, including condoning harassment of another or entrap or harm any party, including harming minors in any way ; (iii) forge letterheads or otherwise manipulate characters in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, national or international law; or (v) not to collect or store personally identifiable information about other users.
To the extent permitted by applicable law, we do not endorse or control any User Content transmitted or posted on the Site and, accordingly, we make no warranties as to the accuracy, integrity or quality of the User Content. You understand that by using this Site you may be exposed to User Content that is offensive, inappropriate or inadmissible to you. We are in no way responsible in any way for any User Content, including but not limited to errors or omissions in User Content, or for any loss or damage of any kind incurred by you as a result of using any User Content that was transferred , uploaded, posted, emailed or otherwise made available through this Site.
9. REMOVAL OF USER CONTENT
If you would like to remove some or all of your User Content, such as your ratings and comments posted on the Site or through other mobile applications, please CONTACT US containing the following information: your name, first name, username (if applicable), the e-mail address you use for your account with which you log in to our Site or via other mobile applications, date of the publications you wish to remove (if you have one). We may not be able to process your request if you do not provide us with this information. Please note that we require ten (10) business days to remove the content in question.
10. COMPLAINTS CONCERNING INFRINGEMENTS
We respect other people’s intellectual property. If you suspect that any work on the Site has been copied in a manner that constitutes an infringement of any intellectual property right, please click here to learn how to notify us of an alleged infringement.
11. PRODUCT DESCRIPTIONS
We make reasonable efforts to ensure that all details, descriptions, images and prices of the products on this Site are correct at the time the relevant information is entered into the system. However, we do not warrant – to the extent permitted by law – that the product descriptions, color schemes and other content on the Site are accurate, complete, reliable, current and free of errors. While we strive to keep the Site as current as possible, the information posted on this Site at any time, including product descriptions, may not always exactly match a product at the time you place an order.
12. REPRESENTATIONS AND WARRANTIES: LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not under any circumstances (whether in contract, non-contractual (including negligence), latent/hidden defects or on any other basis) be liable for any (a) interruption of commercial activities (b) delayed access or interruption of access to the site. (c) failure to deliver destruction or disclosure of data: (d) loss or damage of any kind arising out of dealings with or the presence of any off-site links on the site. (e) Computer viruses, failure or malfunction of the system which may occur in connection with your use of the site, including via hyperlinks to or from third party websites. (f) Any inaccuracies or omissions in the content. (g) events beyond our reasonable control.
Furthermore, we shall not be liable, to the fullest extent permitted by applicable law, for any indirect, special punitive (“punitive”), incidental or consequential damages of any kind. (including loss of profits, loss of savings, business, revenue and data as well as claims from third parties) associated with the site or your use thereof regardless of our course of action (under contract, tort – including negligence) that such damages would occur and in no event shall our aggregate aggregate liability for damages of any kind exceed one hundred dollars (or Euro equivalent). As some countries do not allow the exclusion or limitation of liability, our liability in such countries is limited to the fullest extent permitted by such applicable law.
The above limitations of liability will not apply if the liability is the result of intent or gross negligence on the part of Create it! cosmetics.
The foregoing is without prejudice to your statutory rights as a consumer under applicable law.
13. APPLICABLE LAW AND DISPUTES
14. CONSENT TO RECEIVE NOTICES ELECTRONIC THROUGH POSTING ON THE SITE AND VIA EMAIL
If you have any questions about these general terms and conditions, please contact us via our contact form.
16. COMPLAINTS POLICY FOR INFRINGEMENTS
If you suspect that intellectual property protected materials have been copied in a manner that constitutes an infringement of intellectual property rights, please email our Designated Agent for Notices of Infringement and provide the following: A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed; Identification of the intellectual property right(s) protected work(s) that you claim is(are) infringed; A description of the material that you claim is infringing and the location of that material on the Site; Your address, telephone number and e-mail address; A statement that you have a good faith belief that use of the material in the manner you report is not authorized by the intellectual property owner, its agent, or the law; and a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the intellectual property owner.
If you have any questions or would like to contact us regarding notices of infringement of intellectual property rights, please contact us via our contact form.