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These are the terms of use ("Terms of Use") for
your use of services or features on the sites owned and controlled by Ginny
Cosmetic Skincare ("GCS"), including www.ginnycosmeticskincare.com
(the "Sites"). We may add additional sites from time to time as we
expand our products and services and these Terms of Use will govern those new sites
when added. You may be accessing our Sites from a computer or mobile phone
device and these Terms of Use govern your use of our Sites and your conduct,
regardless of the means of access. You may be using our interactive services
("Services"), such as our community forum or ratings & reviews,
and these Terms of Use govern your use of those Services.
We also like to interact with you on third party sites
where we post content or invite your feedback ("Third Party Sites").
Our Terms of Use and other areas of our Sites provide guidelines and rules and regulations
in connection with our Services, including services that involve Third Party
Sites, but GCS does not control those Third Party Sites, and these Terms of
Use, our Guidelines and our Rules do not apply to companies that GCS does not
own or control, or to the actions of people that GCS does not employ or manage.
You should always check the terms of use posted on Third Party Sites.
By using the Sites, you signify your agreement to these
Terms of Use and our Privacy Policy, whether or not you have read them. If you
do not agree with any of these, you should not use our Sites.
GCS reserves the right to change or modify any of the terms
and conditions contained in the Terms of Use, guidelines and rules from time to
time at any time, without notice, and in its sole and absolute discretion. If GCS
decides to change these Terms of Use, GCS will post a new version on the Sites
and update the date set forth above. Any changes or modifications to these
Terms of Use will be effective upon posting of the revisions. Your continued
use of the Sites following posting of any changes or modifications constitutes
your acceptance of such changes or modifications and if you do not agree with
these changes or modifications, you must immediately cease using the Sites. For
this reason, you should frequently review these Terms of Use and any other
applicable policies, including their dates, to understand the terms and
conditions that apply to your use of the Sites.
Copyright
All design, text, graphics, logos, button icons, images,
audio and video clips, the selection and arrangement thereof, and all software
on the Sites (unless otherwise noted) is the property of GCS. The compilation
(meaning the collection, arrangement and assembly) of all content on the Sites
is the exclusive property of GCS and protected by U.S. and international
copyright laws. All software used on the Sites is the property of GCS or its
software suppliers and is protected by U.S. and international copyright laws.
Permission is granted to electronically copy and to print in hard copy portions
of the Sites for the sole purpose of placing an order with GCS, using the
Services or using the Sites as a shopping resource. Any other use of materials
on the Sites - including reproduction for purposes other than those permitted
above, modification, distribution, republishing, transmission, display or
performance - without the prior written permission of GCS is strictly
prohibited.
Trademarks
www.ginnycosmeticskincare.com and all page headers, custom
graphics and button icons are service marks, trademarks, and/or trade dress of GCS
and may not be used in connection with any product or service that is not
offered by GCS in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits GCS. All other trademarks,
product names and company names or logos cited herein are the property of their
respective owners.
Product Information
The products displayed on the Sites can be ordered and delivered
only within the U.S. and certain select countries. See the International
Shipments section of GCS.com for more information. GCS products displayed on
the Sites may be available in select GCS retail stores in the U.S. and certain
foreign markets. All prices displayed on www.ginnycosmeticskincare.com are
quoted in U.S. Dollars and are valid and effective only in the U.S. If any
minor uses any goods or product from GCS it should be only after the legal or
parental guardian has discussed the product with the minor's doctor. Reference
to any products, services, processes or other information by trade name, trademark,
manufacturer, and supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by GCS.
All material and information presented by GCS is intended
to be used for personal educational or informational purposes only. The
statements made about products have not been evaluated by the U.S. Food and
Drug Administration and the results reported, if any, may differ for different
individuals. The statements and products are not intended to diagnose, treat,
cure or prevent any condition or disease. All products should be used strictly
in accordance with their instructions, precautions and guidelines. You should
always check the ingredients for products to avoid potential allergic
reactions. Use of the Sites is not meant to serve as a substitute for
professional medical advice: these Sites are solely online stores for specialty
beauty products. Please consult with your own physician or health care
practitioner regarding the use of any goods, products or information received from
the Sites before using or relying on them. Your physician or health care
practitioner should address any and all medical questions, concerns and
decisions regarding the possible treatment of any medical condition. GCS does
not give or intend to give any answers to medical related questions and these
Sites do not replace any medical professional or medical resource. GCS does not
represent itself as a physician nor is this implied. No prescription
medications or medical treatments are intentionally provided on the Sites. Furthermore,
certain products displayed on the Sites are not manufactured by GCS, and GCS specifically
disclaims all liability (including product liability) with respect to such
products. IF YOU ARE IN NEED OF MEDICAL
ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
While GCS has tried to accurately display all the
attributes of products, including the colors, the actual colors you see will
depend on your computer system (including monitor) and may not be accurate. The product you receive may not look exactly
like the product you order online.
The products available on the Sites and the Services,
including any samples GCS may provide to you, are for your personal use only.
You may not sell or resell any products you purchase or otherwise receive from GCS.
GCS reserves the right, with or without notice, to cancel or reduce the
quantity of any order to be filled or products to be provided to you that may
result in a violation of these Terms of Use, as determined by GCS in its sole
discretion.
Responsibility for your Content
You are solely responsible for all content that you upload,
post, email or otherwise transmit via or to the Sites, through our Services or
otherwise, including the submission of product ratings and reviews and all
other data, profile information, documents, text, software, applications,
music, sound, photographs, graphics, video, messages, forum postings, comments,
questions, answers or other materials (collectively, "Content"). We may
not accept Content from you unless you are a registered user of the Sites.
Your Use of Content on the Sites and Limitation of
Liability
GCS provides the Sites and the Services and all other
applications and services on the Sites as a forum only. GCS is not liable for any
statements, representations, or Content provided by its users in any public
forum on the Sites or any Third Party Site, including without limitation
through the Services. Any Content, if displayed, is displayed for entertainment
and informational purposes only. Content posted via or on the Sites or any
Third Party Site, including through the Services, is not controlled by GCS. GCS
cannot guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Services, you may be exposed to Content that may
be offensive, indecent or objectionable and GCS shall not be liable for any
such Content and that the risk of harm or damage from the foregoing rests
entirely with you. Under no circumstances will GCS be liable in any way for any
Content, including, but not limited to, for (i) any errors or omissions in any
Content; or (ii) any loss or damage (including, without limitation, personal
injury or property damage) of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via or to the Sites or through
the Services.
You may access the Content and any other content on the
Sites only as permitted under these Terms of Use and the Privacy Policy and you
agree to not engage in the use, copying or distribution of any of the Content
other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere
with security-related features of the Site or features that prevent or restrict
use of any Content or enforce limitations on use of the Site or the Content
therein. You may not interfere with or disrupt the Sites, or servers or
networks connected to the Sites, or disobey any requirements, procedures,
policies or regulations of networks connected to the Sites, including by using
any device, software or routine to bypass robot exclusion headers. GCS reserves
all rights not expressly granted in and to the Content. When using the
Services, you may not disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real time
exchanges.
Your Content Submissions
By submitting Content to GCS, you represent and warrant
that:
♦ You understand you are participating in a public forum
and that your Content will be available to all other users of the Sites, the
Services and potentially Third Party Sites;
♦ You are the sole author and owner of the intellectual
property and other rights thereto (or have the necessary licenses, rights,
consents and permissions to use and authorize GCS to use all intellectual
property and other rights thereto to enable inclusion and use of the Content in
the manner contemplated by the Sites and these Terms of Use);
♦ All "moral rights" that you may have in such
Content have been voluntarily waived by you and you do not require that any
personally identifying information be used in connection with the Content that
you submit, or any derivative works of or upgrades or updates thereto;
♦ All Content that you post is accurate;
♦ You are at least 13 years old and, if you are a minor,
that you have obtained the consent of your parent or legal guardian to use the
Site and agree to these Terms of Use; and that use of the Content you supply
does not violate these Terms of Use and will not cause injury to any person or
entity.
You also represent and warrant that any Content you submit:
♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy of any
person or entity;
♦ Does not violate any obligations you may have with
respect to such Content under any law or under contractual or fiduciary
relationships (such as, but not limited to, inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or
regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising);
♦ Is not, or would not reasonably be considered to be,
unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's
privacy, hateful, racially or religiously biased or offensive, abusive,
tortious, threatening or harassing to any individual, partnership or
corporation;
♦ Is not submitted for compensation or other consideration
from any third party; "does not include any information that references
other websites, addresses, email addresses, contact information or phone
numbers;
♦ Complies in all respects with these Terms of Use, our
Privacy Policy and all guidelines and rules;
♦ Is not unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
and
♦ Does not contain any computer viruses, worms or other
potentially damaging computer programs or files.
GCS does not endorse any Content or any opinion,
recommendation or advice expressed therein, and GCS disclaims all liability
with respect to the Content.
If your Content includes ideas, suggestions, documents or
proposals to GCS through the Services, (a) such Content is not confidential or
proprietary and GCS has no obligation of confidentiality, express or implied,
with respect thereto; (b) GCS may have something similar to that Content
already under consideration or development; and (c) you are not entitled to
compensation, payment or reimbursement of any kind for such Content from GCS
under any circumstances unless you are otherwise notified by GCS in writing.
For any Content that you submit, you grant GCS a worldwide,
perpetual, irrevocable, royalty-free, sublicense able and transferable right
and license to use, reproduce, communicate, distribute, copy, modify, delete in
its entirety, edit, adapt, publish, translate, publicly display, publicly
perform, use, create derivative works from and/or sell and/or distribute such
Content and/or incorporate such Content into any form, medium or technology
whether now or hereafter known throughout the world without compensation to
you. This license will survive the termination of these Terms of Use and your
use of the Site.
Modification of Content
All Content that you submit is not confidential and may be
used at GCS's sole discretion. GCS may or may not pre-screen Content. However, GCS
and its designees will have the right (but not the obligation) in their sole
discretion to pre-screen, change, condense or delete any Content on the Sites.
In particular, GCS and its designees will have the right to remove any Content
that GCS deems, in its sole discretion, to violate these Terms of Use or is
otherwise objectionable. GCS does not guarantee that you will have any recourse
through GCS to edit or delete any Content you have submitted. GCS reserves the
right to incorporate any Content you have submitted into any account you may
have, now or in the future, as a registered user of the Sites. Ratings, written
comments, questions and answers are generally posted within two to four
business days. However, GCS reserves the right to remove or to refuse to post
any submission for any reason. You acknowledge that you, not GCS, are responsible
for the contents of any Content you submit. None of the Content that you submit
shall be subject to any obligation of confidence on the part of GCS, its
agents, subsidiaries, affiliates, partners or third-party service providers and
their respective directors, officers and employees.
Third Party Content and Third Party Sites
GCS may provide content of third parties ("Third Party
Content") or links to Third Party Sites as a service to those interested
in this information. GCS does not monitor, approve or have any control over any
Third Party Content or the Third Party Sites and the inclusion of links to
Third Party Content or Third Party Sites does not imply any association or
relationship between GCS and such third party. GCS does not guarantee, endorse
or adopt the accuracy or completeness of any Third Party Content or any Third
Party Site. GCS is not responsible for updating or reviewing Third Party
Content or Third Party Sites. You use Third Party Content and Third Party Sites
at your own risk. Third Party Content, including comments from third party
users submitted to GCS through the Services, do not necessarily reflect the
views of GCS.
Reservation of Rights
GCS reserves the right, at any time, without notice and in
its sole discretion, to terminate your license to use the Services and the
Sites and to block or prevent your future access to and use of the Services and
the Sites. GCS may access, preserve and disclose your account information and
Content if required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to (i) comply with legal
process; (ii) enforce these Terms of Use, (iii) respond to claims that any
Content violates the rights of third parties, (iv) respond to your requests for
customer service, or (v) protect the rights, property or personal safety of GCS
(and its employees), its users and the public.
Disclaimer
GCS IS PROVIDING THE SITES, THEIR CONTENTS AND THE SERVICES
ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR
SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE
SITES OR AS PART OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, GCS
DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN
ADDITION, GCS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA
THE SITES OR THE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and
availability information is subject to change without notice.
GCS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE SERVICES. GCS WILL NOT
BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
REVENUES, LOSS OF PROFITS OR LOSS OR INACCURACY OF DATA, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF. IN NO EVENT SHALL
OUR MAXIMUM AGGREGATE LABILITY EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to defend, indemnify and hold harmless GCS (and
its officers, directors, agents, subsidiaries, joint ventures, employees and
third-party service providers), from all claims, demands, losses, liabilities,
costs, expenses, obligations and damages of every kind and nature, known and
unknown, including reasonable legal fees, arising out of (a) your use of and
access to the Sites and the Services; (b) your violation of any term of these
Terms of Use; (c) a breach of your representations and warranties set forth
above regarding Content; (d) your violation of any law or the rights of a third
party (including, without limitation, any copyright, property or privacy
right); or (e) any claim that any Content you submitted caused damage to a
third party. This indemnification obligation will survive the termination of
these Terms of Use and your use of the Sites and the Services.
Applicable Law
The Sites and Services are created and controlled by GCS in
the State of California, U.S.A. As such, the laws of the State of California
will govern these Terms of Use, without giving effect to any principles of conflicts
of laws. GCS reserves the right to make changes to the Sites and these Terms of
Use at any time.
Our Address
Ginny
Cosmetic Skincare
7451
Edinger Avenue, Suite A-101
Huntington
Beach, California 92647
DMCA
If you believe your work or content has been copied and
posted to the Sites in a way that constitutes copyright infringement, please
provide GCS's designated copyright agent the following written information in
accordance with the Digital Millennium Copyright Act (the "DMCA"):
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has
been infringed upon;
A description of where the material that you claim is
infringing is located on the Sites;
A statement by you that you have a good-faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
Your name, address, telephone number and email address (if
available); and
A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or are authorized to act on the copyright owner's behalf.
Fraud Protection Program
As part of our order processing procedures, we screen all
received orders for fraud or other types of unauthorized or illegal activity.
We reserve the right to refuse to process an order due to suspected fraud or
unauthorized or illegal activity. If such is the case, we may reject your order
or our Customer Service department may call you at the phone number you
provided (or use your email address) to confirm your order. We also reserve the
right to cancel any accounts or refuse to ship to certain addresses due to
suspected fraud or unauthorized or illegal activity. We take these measures to
protect our customers as well as ourselves from fraud or other unauthorized or
illegal activity.
General
Any claim or dispute between you and GCS that arises in
whole or in part from the Sites or the Services shall be decided exclusively by
a court of competent jurisdiction located in Orange County, California. If any
provision of these Terms of Use is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of any term of these Terms of Use shall be deemed a
further or continuing waiver of such term or any other term, and GCS's failure
to assert any right or provision under these Terms of Use shall not constitute
a waiver of such right or provision. It is the express wish of the parties that
these Terms of Use and all related documents be drawn up in English. TO THE
EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND GCS AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SITES AND THE SERVICES MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.