By using Shop.Justglam.com, you agree to comply with the following terms of use. Please review the following terms carefully.
The term “Just Glam” or “us” or “we” or “our” refers to Shop.Justglam.com, the owner of the website. The term “you” refers to the user or viewer of Shop.Justglam.com Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (The Site). This Agreement constitutes the entire and only agreement between Just Glam and the user,(which includes our Privacy Policy, Order Policy, Return & Exchange Policy), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, and the subject matter of this Agreement. This agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Use of Personally Identifiable Information by Shop.Justglam.com Opt-In Communications: If you opt-in during the Site registration process or at other times when you submit personally identifiable information, the information you provide may be used to create and deliver to you, our newsletters, surveys or other communications containing product information, cosmetics tips or promotions (““Opt-In Communications”). If you prefer not to receive such Opt-In Communications, please do not opt-in to receive these communications. If you do opt-in and later decide that you would no longer like to receive these communications, see Section (Choice/Opt Out) below. Communications to Serve You If you have elected to provide us with your contact information, e.g., by registering at the Site, emailing our Customer Service department or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests or your order. For example, all registered users will receive a welcoming email to confirm their registration. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that justglam.com offers its customers. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, “except as allowed by the Limited License section” listed below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is copyrighted work of third parties.
Service Marks: “Just Glam.com” and others are our service marks are registered service marks or trademarks. Other product and company and company names mentioned on the Site may be trademarks of their respective owners. Swank is a subsidiary of Just Glam.
Limited License: Permitted Uses You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Restrictions and Prohibitions on Use Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), replenish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered or commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. Forms, Agreements & Documents We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a change and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, current ness, accuracy, and/or appropriateness. The Documents are provided “as-is”, as available, and with “all faults”, and we and any provider of the Documents disclaimed. No Legal Advice or Attorney-Client Relationship Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law form and the Site is not a lawyer referral service. Linking to the Site You may not provide links to the Site without prior written consent from Just Glam. Should we find that links are in use without prior written consent, you must discontinue use immediately upon our request. Submissions It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. 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 e-mail 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.
Choice/Opt-Out: You may opt-out of receiving future Opt-In Communications from Shop.Justglam.com when you register at the Site or otherwise provide your contact information to Shop.Justglam.com. You may change your preferences at any time by revising your profile or by emailing us by clicking here. Applicable Law This site is created and controlled by Just Glam in the State of California, U.S.A. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Just Glam reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time. Advertisers The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.
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 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-WEB SITE 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 WEB SITES (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, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). Indemnification You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. 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.