Please read the following Terms and Conditions carefully before using this Website
The use of the www.vintagecosmetics.com website (this “Website”) and the sale of products and services offered by JHL Beauty Inc. (“VINTAGE BY JESSICA LIEBESKIND”) are governed solely by the Terms and Conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website (collectively, the “Terms and Conditions”) and no other terms, representations or warranties, expressed or implied, shall affect the Terms and Conditions in any way. Your use of the Website in any manner, whether browsing, placing an order with VINTAGE BY JESSICA LIEBESKIND or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them in their entirety. VINTAGE BY JESSICA LIEBESKIND reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you read them carefully each time you use the Website or place an order with VINTAGE BY JESSICA LIEBESKIND .
VINTAGE BY JESSICA LIEBESKIND reserves the right to change its payment procedures at any time without prior notice to you. We make every attempt to avoid any errors, but in the event that errors occur, we reserve the right to correct them. We do not honor inaccurate or erroneous prices. VINTAGE BY JESSICA LIEBESKIND prices are subject to change without notice. We apologize for any inconvenience that this may cause.
In connection with placing an order, you may be asked by VINTAGE BY JESSICA LIEBESKIND or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide VINTAGE BY JESSICA LIEBESKIND or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
VINTAGE BY JESSICA LIEBESKIND attempts to ensure that the Content (as defined below) on this Website is complete and current. As indicated in the Disclaimers set forth in this Website, VINTAGE BY JESSICA LIEBESKIND does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price, product description availability or any other matter related to this website and the contents thereof. The products and prices displayed on the Website are subject to change at any time with or without notice. VINTAGE BY JESSICA LIEBESKIND reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. VINTAGE BY JESSICA LIEBESKIND reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.
COPYRIGHT & TRADEMARK
The VINTAGE BY JESSICA LIEBESKIND logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of VINTAGE BY JESSICA LIEBESKIND or their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the written consent of VINTAGE BY JESSICA LIEBESKIND .
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, the “Content” ) are subject to copyright, trademark, or other proprietary rights or licenses held by VINTAGE BY JESSICA LIEBESKIND or third parties who have licensed their rights to VINTAGE BY JESSICA LIEBESKIND . All Content is copyrighted as a collective work under the United States and international copyright laws and VINTAGE BY JESSICA LIEBESKIND owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided herein, you may not copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or attempt to sell the Content.
You may access and view the Content appearing on this Website for personal, non-commercial purposes only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way, and (c) do not make the Content available to any third party. VINTAGE BY JESSICA LIEBESKIND reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (1) misrepresenting the identity of a user; (2) tampering with this Website; and (3) conducting fraudulent activities.
COMMUNICATIONS AND SUBMISSIONS
You acknowledge that you are responsible for any material you may submit via the Website or otherwise through the Internet to VINTAGE BY JESSICA LIEBESKIND , including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Website or otherwise communicate to VINTAGE BY JESSICA LIEBESKIND through the Internet any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
Any remarks, suggestions, ideas messages and data submitted by you to VINTAGE BY JESSICA LIEBESKIND through this Website (collectively, the “Messages”) shall be and remain the exclusive property of VINTAGE BY JESSICA LIEBESKIND . Therefore, VINTAGE BY JESSICA LIEBESKIND discourages you from submitting Messages that you do not wish to assign to VINTAGE BY JESSICA LIEBESKIND , including confidential information or any original creative materials such as product ideas, or original works. You represent and warrant to VINTAGE BY JESSICA LIEBESKIND , and accept responsibility for, the accuracy, appropriateness, and legality of the Messages. Your submission of such Messages shall constitute an assignment to VINTAGE BY JESSICA LIEBESKIND of all worldwide right, title, and interest in and to all copyrights and other intellectual property rights in the Messages. VINTAGE BY JESSICA LIEBESKIND is entitled to use, copy, modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
DISCLAIMERS & LIMITATIONS OF LIABILITY
All Content on this Website, including, but not limited to, any advice that may be given to you or any other communication with you over this Website, and all merchandise sold by VINTAGE BY JESSICA LIEBESKIND are provided “as is” and without guaranty of any sort, express or implied. All use of this Website and all merchandise of VINTAGE BY JESSICA LIEBESKIND is entirely at your own risk. VINTAGE BY JESSICA LIEBESKIND disclaims, and you waive, any and all warranties and liabilities of VINTAGE BY JESSICA LIEBESKIND , whether express or implied, arising by operation of law or otherwise, with respect to this Website, any Content on this Website, and merchandise offered or sold, including, but not limited to, any (a) implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty of non-infringement; and (c) claim in tort (including negligence). Without limiting the foregoing, you acknowledge that VINTAGE BY JESSICA LIEBESKIND does not warrant or represent that this Website will be accessible without interruption or that this Website or the server that makes this Website available are free from errors, defects, design flaws or omissions or from viruses or other harmful components.
VINTAGE BY JESSICA LIEBESKIND does not warrant the accuracy, integrity or completeness of the Content provided in this Website, including any advice or other information obtained by you from us or through this Website or any other communication between you and us. VINTAGE BY JESSICA LIEBESKIND does not make any representation that the Content provided in this Website is applicable or appropriate for use in any location. Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you. Any advice or information, be it oral or written, obtained from VINTAGE BY JESSICA LIEBESKIND or during the use of services made available on the Website, shall not give rise to any guarantees which are not expressly provided for in these Terms and Conditions.
VINTAGE BY JESSICA LIEBESKIND may display advertising prints for products sold through this Website. VINTAGE BY JESSICA LIEBESKIND attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor you use.
In no event shall VINTAGE BY JESSICA LIEBESKIND , its directors, officers, employees, affiliates, owners or their successors, or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive, or imputed) product liability, strict liability or other theory, to you or any other person or entity, for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages) arising out of or in connection with any use of, or inability to use, or results of use of this Website or any Content on this Website, even if VINTAGE BY JESSICA LIEBESKIND or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Website and the Content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this Website. If any portion of this limitation is found to be invalid or unenforceable for any reason, then VINTAGE BY JESSICA LIEBESKIND total liability to you shall in no event exceed one hundred dollars ($100.00). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
RULES FOR USING THE WEBSITE
You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this Website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Website.
- You will not interfere or tamper with the functioning of the Website, nor will you attempt to gain access to information or control of the Website not specifically granted to you.
- You will not use the Website to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Website visitors, nor will you use the Website to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Website unless you have specifically been granted access.
We may discontinue all or part of this Website at any time, in our sole discretion. VINTAGE BY JESSICA LIEBESKIND may block or limit your access to this Website, with or without notice to you, and without liability to you, if: (a) you violate these Terms; (b) you violate any applicable law or regulation relating to your use of this Website; (c) you engage in any conduct which VINTAGE BY JESSICA LIEBESKIND , in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to VINTAGE BY JESSICA LIEBESKIND or others. To ensure that we provide a high quality experience for you and for other users of the Website, you agree that we and/or our representatives may access and/or review information provided when you comment on the Website on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website.
Please note that if you are accessing a Website via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
This Website is not intended for minors. Minors and children (persons under the age of 18) are not eligible to use the Website unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Website unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
GOVERNING LAW & DISPUTE RESOLUTION
By accessing and using this Website, or by placing an order for merchandise from VINTAGE BY JESSICA LIEBESKIND , you agree that such actions are subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of New York, without giving effect to any principles or conflicts of laws.
Any dispute relating in any way to your visit to this Website or to products you purchase from VINTAGE BY JESSICA LIEBESKIND shall be submitted to binding arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate VINTAGE BY JESSICA LIEBESKIND ’s intellectual property rights, VINTAGE BY JESSICA LIEBESKIND may seek injunctive or other appropriate relief in any state or federal court in the State of New York, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify and hold harmless VINTAGE BY JESSICA LIEBESKIND and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Website; any material you transmit using the Website; or your violation, breach or alleged violation or breach of these Terms and Conditions.