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Welcome to the CosmeticMall Web Site. CosmeticMall is a division of Katco Inc. Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms.
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| DISCLAIMER |
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time. Cosmetic Mall is not responsible for typographical errors or omissions relating to pricing, copy, photography, or application. In the event of an error, we will contact you via Email with the correct information.
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| COPYRIGHT © & TRADEMARKS |
All pictures, texts, and drawings within this World Wide Web site are subject to copyright laws. Reproduction in whole or in part in any form or medium without express written permission is prohibited. Copyright © by Cosmetic Mall. All rights reserved. Cosmetic Mall ® and the Cosmetic Mall logo are registered trademarks. All other trademarks, products names and company names and logos appearing on this Site are the property of their respective owners. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for our personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
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| TERMS AND CONDITIONS |
All products are priced in United States Dollars. We reserve the right to require additional forms of identification prior to processing any order. The receipt of an Email confirmation does not constitute the acceptance of an order or as a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item. The liability of Cosmetic Mall.Com for losses or damages, arising out of any cause whatsoever is limited to a full refund of the purchase price, or at our option, repair or replacement of the product. We shall not be liable for consequential or incidental damages. We make no representations or warrantees on merchantability or fitness of any product for any purpose, nor do we represent that the information presented on this site is accurate, complete, or current.
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| USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS |
All comments (feedback, postcards, suggestions, ideas, correspondence, etc),
images (photographs, graphics, likeness, etc) and all other submissions
disclosed, submitted or offered to CosmeticMall on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of
this Site or other contact with CosmeticMall (Submissions) shall be and
remain our property. Such disclosure, submission or
offer of any Submissions shall constitute an assignment to us of all
worldwide
rights, titles and interests in all copyrights and other intellectual
properties in your Submissions. Thus, CosmeticMall will own exclusively all
such rights, titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any Submissions. CosmeticMall will be under
no
obligation (1) to maintain any Submissions in confidence; (2) to pay to user
any compensation for any Submissions; or (3) to respond to any user
Submissions.
You agree that no Submissions submitted by you will violate any
right of any third party, including copyright, trademark, privacy or other
personal or proprietary right(s). You further agree that no Submissions
submitted by you will be or contain libelous or otherwise
unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Submissions you make. By making
Submissions to CosmeticMall or by participating in
any Site sweepstakes, contests, promotions, and/or requesting promotional
information or product information or updates, you agree that CosmeticMall
may use your
information for marketing and promotional purposes.
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| LINKS TO OTHER WEB SITES AND SERVICES |
To the extent that this Site contains links to outside services and resources, the availability and content of which CosmeticMall does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
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| INDEMNIFICATION |
You agree to defend, indemnify and hold CosmeticMall harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
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| MISCELLANEOUS |
This Site is controlled and operated by CosmeticMall from its offices in New York. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York, County of New York and/or the Southern District of New York.
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| TERMINATION |
This Agreement is effective unless and until terminated by either you or CosmeticMall. You may terminate this Agreement at any time. CosmeticMall also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in CosmeticMall's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or CosmeticMall, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
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| DISCLAIMER | THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT COSMETICMALL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. |
