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Terms Of Use

Outerbeauty Cosmetics, Inc. (herein referred to as “Outerbeauty”) will provide the content and available products on this website (the “Website”) subject to the terms and conditions of use set forth below, the Privacy Policy and any other terms and conditions which may exist otherwise on the Website or in relation to promotions, contests or sweepstakes conducted on the Website (the “Terms”).

Acceptance Of Terms

You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof.  YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.

Right To Modify Terms

Outerbeauty reserves the sole right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time, and for any reason.  Notification of changes in the Agreement will be posted on the Website.  Your continued use of and access to the Website constitutes your acceptance of any amendments or modifications to the Terms. 

Products Not For Resale 

Unless otherwise explicitly specified and accompanied with a written contract from the wholesale reseller page, the products available on the Website are for personal use only and are not for resale.  If Outerbeauty believes an order is contrary to these Terms, Outerbeauty reserves the right to cancel or modify said order. 

Color For Reference Only 

The color samples for products on the Website should be used as a reference only in conjunction with the written descriptions.  Due to the nature of color calibration, the colors on your monitor may differ from the actual product.  To the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are complete, reliable, accurate, current, or error-free.

Accuracy Of Advice 

Outerbeauty does not endorse or represent the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website.  You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. 

Intellectual Property Rights

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S., Canadian and international copyright laws, international conventions, and other copyright laws.  All information and content contained on the Website, including but not limited to trademarks, graphics, images, and logos are protected by U.S., Canadian and international intellectual property laws, and are owned or controlled by Outerbeauty or the party appointed by Outerbeauty to be the provider of the content.  You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website.  Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Outerbeauty or the copyright holder identified in the individual content's copyright notice.  Use of trademarks for commercial purposes without Outerbeauty’s authorization is strictly prohibited.

Limitation Of Liability

Outerbeauty 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 Website or the performance of the products, even if Outerbeauty 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 an Outerbeauty product is mistakenly listed at an incorrect price, Outerbeauty reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  Outerbeauty 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, Outerbeauty shall issue a credit to your credit card account in the amount of the incorrect price.

Changes To Website

Outerbeauty may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content.  Outerbeauty may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability. 

Limited Use License

Outerbeauty grants you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website.  This limited license does not include the right to: 1. frame or enclose the Website or any portion thereof; 2. republish, distribute, or license the Website or any content thereon; and/or 3. create any derivative works based upon either the Website or any content thereon.  This limited license may be terminated immediately upon any unauthorized use by you of the Website or any and/or all of Outerbeauty’s content.

Sweepstakes; Contests; Promotions

Outerbeauty may promote, via the Website, sweepstakes, contests or other types of promotions that will be governed by their own specific rules in addition to these Terms.  Your participation in such sweepstakes, contests and/or promotions constitutes acceptance of all applicable terms. 

Prohibited Conduct

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, or distribute, or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, slanderous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component; (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (i.e. Spam), or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) you will not redistribute content to anyone, nor will you permit any minor, or anyone who would find the content offensive, to view the content; and (c) you will not use or access the Website in any jurisdiction in which doing so would be unlawful.

Third Party Links 

The Website may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website.  Links to and from Website to other third party sites, maintained by third parties, do not constitute an endorsement by Outerbeauty or any of its subsidiaries or affiliates of any third party resources, or their contents.  If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.  All such websites are subject to the policies and procedures of the owner of such websites.  Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Outerbeauty holds no responsibility over the availability of said websites or resources or any contributions.  Outerbeauty neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources, or their contributors. Outerbeauty is not responsible for, or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

Digital Millennium Copyright Notice

If you believe that specific content on the Website infringes upon your copyrighted materials, please provide Outerbeauty with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of the allegedly infringing material and its location on the Website, including the URLs of said web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use of the copyrighted work on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Disclaimer Of Warranties

THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS".  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUTERBEAUTY, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.  FURTHER, OUTERBEAUTY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY WARRANTIES, BOTH EXPRESSED AND IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUTERBEAUTY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  OUTERBEAUTY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 

Your Communications

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, you hereby grant to Outerbeauty a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or developed hereafter.  You hereby waive all rights to any claim against Outerbeauty for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. 

Idea Submissions 

Any ideas, suggestions or other information you provide us will be treated as non-proprietary and non-confidential and treated as Communications, as defined above.

Indemnification

You hereby agree to indemnify, defend and hold Outerbeauty, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs.  You shall cooperate as fully as reasonably required in the defense of any claim.  Outerbeauty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Outerbeauty. 

Entire Agreement

This Agreement constitutes the entire agreement between Outerbeauty and you with respect to your use of the Website.  If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.