Terms & Conditions
Last Modified: 09/13/13
Obsessive Compulsive Cosmetics is a U.S. company and subject only to U.S. laws and jurisdiction, so for the moment these documents are only available in English.
Hi! You are now reading Obsessive Compulsive Cosmetics's Terms of Service, meaning the contract between you and Obsessive Compulsive Cosmetics when you use Obsessive Compulsive Cosmetics's site, services, and products. You should read this carefully before you use . We've tried to be fair and straightforward. If you have any questions or suggestions, feel free to email us. We've also included several annotations; these annotations aren't a part of the contract itself, but are intended to help you follow the text and emphasize key sections.
Products and Services for Personal Use The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the services or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. 3. Purchase Related Policies and Procedures To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Obsessive Compulsive Cosmetics reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via e-mail where practicable, and otherwise through the Services (such as through a notification in your Obsessive Compulsive Cosmetics Dashboard). You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Obsessive Compulsive Cosmetics received your prepayment.
As Obsessive Compulsive Cosmetics grows and improves, we might have to make changes to the Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions. To see old versions, scroll down to the end of this document.
No individual under the age of thirteen (13) may use the Services or provide any information to Obsessive Compulsive Cosmetics or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with Obsessive Compulsive Cosmetics and are not legally prohibited from using the Services.
You have to be at least 13 years old to use Obsessive Compulsive Cosmetics. We're serious: it's a hard rule, based on U.S. federal and state legislation, even if you're 12.9 years old. If you're younger than 13, don't use www.occmakeup.com
Use of Trademarks
Any use of Obsessive Compulsive Cosmetic's trademarks, branding, logos and other such assets in connection with the Services & Products is prohibited.
Registration, Obsessive Compulsive Cosmetics URLs, and Security
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and Obsessive Compulsive Cosmetics username.
You should provide Obsessive Compulsive Cosmetics with accurate, complete, and updated registration information, particularly your e-mail address, shipping, & billing information.
It's really important that the email address associated with your Obsessive Compulsive Cosmetics Account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Obsessive Compulsive Cosmetics immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
All pricing is stated in United States dollars. You shall pay all applicable fees as described in the your checkout cart, and any related taxes or additional charges.
Obsessive Compulsive Cosmetics may, in its sole discretion, modify the functionality of, or eliminate orders.
Obsessive Compulsive Cosmetics may change its prices at any time. To the extent applicable, Obsessive Compulsive Cosmetics will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable product and/or by sending you email notification. If you do not wish to pay the new prices, you may choose not to purchase products prior to the change going into effect.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions. 7. Your Obligations and Responsibilities In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Obsessive Compulsive Cosmetics, our affiliates, partners or licensors. Your Account You may choose to register at our Site if you are over thirteen of age. Do not register if you are not over thirteen years of age. If you are over thirteen years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
You and Obsessive Compulsive Cosmetics agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Obsessive Compulsive Cosmetics otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Law and Forum for Legal Disputes
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Obsessive Compulsive Cosmetics must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Obsessive Compulsive Cosmetics, our affiliates, partners or licensors.
You may choose to register at our Site if you are over thirteen of age. Do not register if you are not over thirteen years of age. If you are over thirteen years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Special Features, Functionality and Events
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that you have the right to grant the foregoing rights to Obsessive Compulsive Cosmetics. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF (OR INABILITY TO USE THE SITE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE UNLESS OTHERWISE PERMITTED UNDER APPLICABLE STATUTE OF LIMITATIONS.
You agree to defend, indemnify and hold us, our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the Site, any User Content made available on the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms and Conditions or to the services offered by the Site, by posting notices or links to such notices on the Site itself.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our
You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
If you have any questions regarding these Terms and Conditions, please email us at email@example.com
Copyright © Obsessive Compulsive Cosmetics, Inc. All worldwide rights reserved.