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Terms & Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of
this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Envie De Neuf Cosmetics, Inc.. The collective work includes works that are
licensed to Envie De Neuf Cosmetics, Inc.. Copyright 2003, Envie De Neuf Cosmetics, Inc. ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an
order with Envie De Neuf Cosmetics, Inc. or purchasing Envie De Neuf Cosmetics, Inc.
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
Envie De Neuf Cosmetics, Inc. or to purchase Envie De Neuf Cosmetics, Inc. products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Envie De Neuf Cosmetics, Inc.. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Envie De Neuf Cosmetics, Inc. used
in the site are trademarks or registered trademarks of
Envie De Neuf Cosmetics, Inc.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law,
Envie De Neuf Cosmetics, Inc. disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement.
Envie De Neuf Cosmetics, Inc. does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
Envie De Neuf Cosmetics, Inc. does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Envie De Neuf Cosmetics, Inc.
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Envie De Neuf Cosmetics, Inc. has
been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors
In
the event that a Envie De Neuf Cosmetics, Inc. product is mistakenly listed at an
incorrect price, Envie De Neuf Cosmetics, Inc. reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Envie De Neuf Cosmetics, Inc. reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Envie De Neuf Cosmetics, Inc. shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
Envie De Neuf Cosmetics, Inc. without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Envie De Neuf Cosmetics, Inc. may deliver notice to you by means of e-mail,
a general notice on the site, or by other reliable method to the
address you have provided to Envie De Neuf Cosmetics, Inc..
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Envie De Neuf Cosmetics, Inc.
products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of
Envie De Neuf Cosmetics, Inc. products) must be commenced within one (1) year
after the claim or cause of action arises. Envie De Neuf Cosmetics, Inc.'s failure
to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions.
Envie De Neuf Cosmetics, Inc. may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Envie De Neuf Cosmetics, Inc. or other licensed employee,
host, or representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other
organization.
Participation Disclaimer
Envie De Neuf Cosmetics, Inc.
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Envie De Neuf Cosmetics, Inc. is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Envie De Neuf Cosmetics, Inc. reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Envie De Neuf Cosmetics, Inc. in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Envie De Neuf Cosmetics, Inc., its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors,
Envie De Neuf Cosmetics, Inc. may link to sites operated by third parties.
However, even if the third party is affiliated with Envie De Neuf Cosmetics, Inc.,
Envie De Neuf Cosmetics, Inc. has no control over these linked sites, all of
which have separate privacy and data collection practices, independent
of Envie De Neuf Cosmetics, Inc.. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless,
Envie De Neuf Cosmetics, Inc. seeks to protect the integrity of its web site and
the links placed upon it and therefore requests any feedback on not only
its own site, but for sites it links to as well (including if a
specific link does not work).
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