These USER TERMS OF SERVICE ( “ Terms of Service ” ) constitute a binding contract between you ( “ User” or “Customer” or “ you ” ) The Little Makeup by Nina, ( “ Company ” ) regarding the terms under which the Company will provide USER with access to the Services.
BY CLICKING ON THE BUTTON MARKED “I AGREE TO THE TERMS OF SERVICE”, USER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“ Acceptance ”). USER agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by USER. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.
“Exercise Files” - refers to the files (documents, photos, and so on) that an author may use during the applicable course.
“Public Website” - means that portion of the Website that is available for use by any person without the need to be a USER.
“Services” - means the Public Website, the Paid Website, and their entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Standard Content, the Exercise Files, and any documentation pertaining to the foregoing).
“USER” - also referred to as “Member” , refers to an individual/entity/organization/institution that has the right to access the paid content on the Website via a payment fee ( “Paid Content” ) or other basis. A User must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the User resides (and if a minor, have the permission of a parent or legal guardian to access the Paid Website), and possess the legal right and ability to enter into binding contracts.
USER agrees on behalf of itself, where applicable, to treat password, usernames, and other security information ( “Authentication Information ” ), as confidential and to not provide any other person with access to the Paid Content or portions of it using USER’s Authentication Information. USER will notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any USER access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, User has violated any provision of these Terms of Service or appear likely to do so.
“Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
“Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company’s website located http://www.thelittlemakeup.com, and includes the entirety of both the Paid Website and the Public Website.
2) INFORMATION ABOUT THE COMPANY .
The Little Makeup by Nina - AS32505, 7365 NW 35th St, Miami, FL 33122
3) WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS FOR DIGITAL CONTENT.
Subject to these Terms of Service, USER will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access that portion of the Paid Website applicable to the purchased type. By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form.
USER agrees to abide by any rules or regulations that the Company publishes with respect to conduct of other USERS of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Company reserves the right to deny a USER access to the Website if, in the Company’s sole discretion, USER has failed to abide by these Terms of Service or appear likely to do so.
USER accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
USER promises, acknowledges, and agrees on behalf of itself that:
Access privileges may not be transferred to any third-parties;
It will not access, store, distribute or transmit any Viruses;
It will comply with all applicable laws and regulations with respect to use of the Services;
It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
4) AVAILABILITY OF WEBSITE
USER recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. USER further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.
5) INTELLECTUAL PROPERTY RIGHTS .
The Services are owned by the Company, its licensors or other providers of such material, and are protected by Paraguayan and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
No right, title or interest in or to the Services or any portion thereof, is transferred to any USER, and all rights not expressly granted herein, are reserved by the Company.
The Company logo, the Company name, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. USER may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
6) COMPANY OBLIGATIONS .
The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide USER with an alternative means of accomplishing the desired performance.
7) FEES AND PAYMENT .
Payment Details . USER will have multiple checkout options via third party payment processors. Payments are made in advance of delivery. In case of digital content, the purchased access will be provided after the payment is successfully processed and USER will receive his personal access code to his provided email adress. USER will then have access to the file for a number of times and during a given period of time to consume the purchased content.
Phyisical products will be shipped after payment is approved by the website's payment processor and after it has arrived on the Companies checking account. Shipping method is usually courier (DHL) with tracking code. The product will be sent as soon as possible. We ship worldwide, therefor shipping time may vary. It is in our interest to ship as fast as possible to the customer. Company is not responsible for delivery delays caused by foreign countries customs or other circumstances outside the country Paraguay.
For Brazil we offer additional shipping via SEDEX or Correios during the checkout process. This shipping method has a variable shipping time, as it depends on our visits to Brazil. After collecting a sufficient amount of orders we make our visit and ship. Intervals vary between 2-4 weeks. For information about our next delivery appointment for SEDEX or Correios shipping, please contact us.
Refunds & Returns. Company issues a refund for physical products within 14 days of the original purchase of the product, only if the product has left our facilities not in the condition as promised or does not come as in the quality shown in the website's pictures. Due to the nature of these goods and hygienic reasons, we cannot offer a return service. Company is not responsible in case of any damage caused during delivery.
We recommend contacting us for assistance if you experience any issues receiving our products with the following form: http://www.thelittlemakeup.com/contact
Taxes . USER is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
8) TERM AND TERMINATION .
Termination . The Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
Effect of Termination . USER will have no further rights to access the purchased content. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
9) CONFIDENTIALITY .
USER agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Paid Website.
10) THIRD PARTY LINKS OR INFORMATION .
This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A USER that leaves this Website to access these third-party sites does so at its own risk.
11) DISCLAIMERS OF STATEMENTS/WARRANTIES .
USER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
12) LIMITATION OF LIABILITY .
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
13) INDEMNITY .
USER agrees to compensate and defend fully Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by USER of any representation, warranty, covenant, obligation or duty of USER under this Agreement.
14) SURVIVAL .
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
15) CHANGES .
Except, for any provisions determining the primary contractual obligations of USER and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and USER’s continued use of any of the Services following the posting of revised Terms of Service means that USER accepts and agrees to the changes, to the extent permitted by applicable laws.
16) ASSIGNMENT .
USER may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
17) INJUNCTIONS .
USER acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent USER from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.
19) NOTICES .
Legal notices may be sent to firstname.lastname@example.org, or at http://www.thelittlemakeup.com/contact
20) FORCE MAJEURE .
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control ( “ Force Majeure Event ” ). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
22) CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) .
USER acknowledges that the law requires parental consent to collect or use information from a child under 13. If you are a child under 13, please show these Terms of Service to your parent or legal guardian, and do not use the Services without verifiable parental consent pursuant to the Children’s Online Privacy Protection Act. If you as the USER are a parent or legal guardian of a child under the age of 13, who may access or use the Services, you hereby give your express consent for that child to use the Services, which include all the features and functionality pertaining to your USER, including social media/community features. You represent and warrant that you will not allow a child under the age of 13 to use the Services if you do not agree to the provisions of this Section.
23) NO THIRD PARTY BENEFICIARIES .
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.
24) SEVERABILITY .
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
25) COMPLETE UNDERSTANDING .
EFFECTIVE DATE: February 28, 2017