PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS & CONDITIONS FOR YOUR USE OF THE SITE & SERVICES AVAILABLE THROUGH THE SITE.
To request copies of Terms & Conditions documents, please contact us via email.
IF YOU WANT TO USE THIS SITE
If You Want to Use This Site, Please then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you & us & they affect your legal rights & obligations. Each time you access & /or use the Site (other than to simply read these Terms), you agree to be bound by & comply with these Terms & any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.
It is important that you read & understand these entire Terms before using the Site.
FULL DETAILS OR TERMS & CONDITIONS
1. Site Content, Ownership, Limited License & Rights of Others
1. Content. The Site contains a variety of: (i) materials & other items relating to Halal Cosmetics®, Halal Cosmetics®’s products & services, & similar items from our licensors & other third parties, including all layout, information, articles, reviews, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look & feel” of the Site, & the compilation, assembly, & arrangement of the materials of the Site & any & all copyrightable material (including source & object code); (ii) trademarks, trade dress, logos, trade names, service marks, &/or trade identities of various parties, including those of Halal Cosmetics® (collectively, “Trademarks”); & (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
2. Ownership. The Site (including past, present & future versions) & the Content are owned or controlled by Halal Cosmetics® & our licensors & certain other third parties. All right, title, & interest in & to the Content available via the Site is the property of Halal Cosmetics® or our licensors or certain other third parties, & is protected by U.S. & international copyright, trademark, trade dress, patent, or other intellectual property & unfair competition rights & laws to the fullest extent possible. Halal Cosmetics® owns the copyright in the selection, compilation, assembly, arrangement, & enhancement of the Content on the Site.
3. Limited License. Subject to your strict compliance w/these Terms & the Additional Terms, Halal Cosmetics® grants you a limited, non-exclusive, revocable, non-assignable, personal, & non-transferable license to download (temporary storage only), display, view, use, play, &/or print one copy of the Content (excluding source & object code in raw form or otherwise, other than as made available to access & use to enable display & functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, & (ii) may be immediately suspended or terminated for any reason, in Halal Cosmetics®’s sole discretion, & without advance notice or liability. In some instances, we may permit you to have greater access to & use of Content, subject to certain Additional Terms.
4. Rights of Others. When using the Site, you must respect the intellectual property & other rights of Halal Cosmetics® & others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, & other laws, & any such use may result in your personal liability, including potential criminal liability.
2. Site & Content Use Restrictions
1. Site Use Restrictions. You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, & selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Halal Cosmetics®; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Halal Cosmetics®, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
2. Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of st& ard search engine activity or use of a st& ard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, & other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or br& s; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Halal Cosmetics® or, in the case of Content from a licensor, the owner of the Content; & (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
3. Availability of Site & Content. Halal Cosmetics® may immediately suspend or terminate the availability of the Site & Content (& any elements & features of them), in whole or in part, for any reason, in Halal Cosmetics®’s sole discretion, & without advance notice or liability.
4. Reservation of All Rights Not Granted as to Content & Site. These Terms & any Additional Terms include only narrow, limited grants of rights to Content & to use & access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Halal Cosmetics® & its licensors & other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
3. Opening & Terminating Accounts
CONTENT YOU SUBMIT & COMMUNITY/ONLINE USAGE RULES
1. User-Generated Content.
General. Halal Cosmetics® may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials & the ideas contained therein (collectively, “User-Generated Content”).Halal Cosmetics® may allow you to do this through forums, blogs, message boards, social networking environments, contact us tools, email, & other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, & interest that you have in your User-Generated Content & you remain ultimately responsible for it.
3. License to Halal Cosmetics® of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content, you grant to Halal Cosmetics® the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, & cost-free right & license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, & otherwise use & exploit in any manner whatsoever, all or any portion of your User-Generated Content (& derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, & with any technology or devices now known or hereafter developed, & to advertise, market, & promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, & remove such User-Generated Content & combine same with other materials, & (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, & marketing products & /or Sites. You understand that in exercising such rights metadata, notices & content may be removed or altered, including copyright management information, & you consent thereto & represent & warrant you have all necessary authority to do so. In order to further effect the rights & license that you grant to Halal Cosmetics® to your User-Generated Content, you also hereby grant to Halal Cosmetics®, & agree to grant to Halal Cosmetics®, the unconditional, perpetual, irrevocable right to use & exploit your name, persona, & likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, & you agree to waive, any moral rights (including attribution & integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5(A)(iii).
4. Exclusive Right to Manage Our Site. Halal Cosmetics® may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, & Halal Cosmetics® may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation. Such User-Generated Content submitted by you or others need not be maintained on the Site by us for any period of time & you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site or elsewhere.
5. Representations & Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent & warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, & that, as to that User-Generated Content: (a) you are the sole author & owner of the intellectual property & other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content & grant Halal Cosmetics® the rights to it that you are granting by these Terms & any Additional Terms, all without any Halal Cosmetics® obligation to obtain consent of any third party & without creating any obligation or liability of Halal Cosmetics®; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not & , as to Halal Cosmetics®’s permitted uses & exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; & (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
6. Enforcement. Halal Cosmetics® has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect & enforce our rights to your User-Generated Content, including by bringing & controlling actions in your name & on your behalf (at Halal Cosmetics®’s cost & expense, to which you hereby consent & irrevocably appoint Halal Cosmetics® as your attorney-in-fact, with the power of substitution & delegation, which appointment is coupled with an interest).
7. Community Usage Rules. As a user of the Site, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s online communities (“Communities”).
8. Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
9. Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms & any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people & pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Halal Cosmetics®. (For example, if someone has taken a picture of you & your friend, & you submit that photo to Halal Cosmetics® as your User-Generated Content, then you must obtain your friend’s & the photographer’s permission to do so.)
1. Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You & Your Friends & Family. If you choose to submit photos to the Site, link to embedded videos, or include other images of real people, then make sure they are of you or of you & someone you know – & only if you have their express permission to submit it.
2. Act Appropriately. All of your Site activities must be venue appropriate, as determined by us. Be respectful of others’ opinions & comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will & it doesn’t belong on the Site. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, & similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, & it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical h& icap. Your User-Generated Content must not be defamatory, sl& erous, indecent, obscene, pornographic, or sexually explicit.
3. Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or Site or other commercial activity, or a politician, public servant, or law.
4. Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
5. Be Honest & Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, & do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company
1. Others Can See. We hope that you will use the Communities to exchange information & content & have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public & User-Generated Content that you submit on the Site within a Community may be accessible & viewable by other users. Do not submit personally identifying information (e.g., first & last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces & take care when disclosing this type of information to others.
1. Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, & in the form & by the method, specifically requested by Halal Cosmetics®.
2. Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other Device.
If you submit User-Generated Content that Halal Cosmetics® reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Site.
1. Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you & other users. Exercise common sense & your best judgment in your interactions with others (e.g., when you submit any personal or other information) & in all of your other online activities.
2. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to us via email. For alleged infringements of intellectual property rights.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
1. DMCA Notice. Halal Cosmetics® will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) & believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:
- a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
- your full name, address, telephone number & email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that all the information in your notice is accurate, & that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); & your electronic or physical signature.
Halal Cosmetics® will only respond to DMCA Notices that it receives by email at the addresses below:
By email: email@example.com (Attn: Legal Dept.)
It is often difficult to determine if your copyright has been infringed. Halal Cosmetics® may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, & Halal Cosmetics® may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Halal Cosmetics®’s other rights, Halal Cosmetics® may, in appropriate circumstances, terminate a repeat infringer’s access to the Site & any other website owned or operated by Halal Cosmetics®. See Section 3, above.
2. Counter-Notification. If access on the Site to a work that you submitted to Halal Cosmetics® is disabled or the work is removed as a result of a DMCA Notice, & if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
- a legend or subject line that says: “DMCA Counter-Notification”;
- a description of the material that has been removed or to which access has been disabled & the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, e-mail address, & username of your account
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of Illinois), & that you will accept Site of process from the person who provided DMCA notification to us or an agent of such person; &
- your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) & not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
PROCEDURE FOR ALLEGING INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY
If you own intellectual property other than copyrights & believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth above that includes all of the following:
1. a legend or subject line that says: “Intellectual Property Infringement Notice”;
2. a description of the intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
4. your full name, address, telephone number & email address;
5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, & that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); &
7. your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to Halal Cosmetics® with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
1. Notices, Questions & Customer Service You agree that: (i) we may give you notices of new, revised or changed terms & other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; & (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.
If you have a question regarding using the Site, you may contact us. You acknowledge that the provision of customer support is at Halal Cosmetics®’s sole discretion & that we have no obligation to provide you with customer support of any kind.
2. Links by You to the Site We grant you a limited, non-exclusive, revocable, non-assignable, personal, & non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, & do not use any Trademarks; (b) the links & the content on your website do not suggest any affiliation with Halal Cosmetics® or cause any other confusion; & (c) the links & the content on your website do not portray Halal Cosmetics® or its products or services in a false, misleading, derogatory, or otherwise offensive matter, & do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Halal Cosmetics®. Halal Cosmetics® reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
3. Linked-To Websites; Advertisements; Dealings with Third Parties
Linked Sites; Advertisements. The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, & certain other third parties who may have business relationships with Halal Cosmetics®. Halal Cosmetics® may have no control over the content, operations, policies, terms, or other elements of Linked Sites, & Halal Cosmetics® does not assume any obligation to review any Linked Sites. Halal Cosmetics® does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Halal Cosmetics® is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Halal Cosmetics® will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy & other policies, terms & conditions of use & /or sale, & rules issued by the operator of the Linked Sites. Halal Cosmetics® disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, & other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you & the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy & data security, & the like). Halal Cosmetics® disclaims all liability in connection therewith.
Wireless Features. The Site may offer certain features & services that are available to you via your wireless Device. These features & services may include the ability to access the Site’s features & upload content to the Site, receive messages from the Site, & download applications to your wireless Device (collectively, “Wireless Features”). St& ard messaging, data, & other fees may be charged by your carrier to participate in Wireless Features. Fees & charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features & certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available & how much they cost. Contact your carrier with questions regarding these issues.
Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Halal Cosmetics® of any changes to your wireless contact information (including phone number) & update your accounts on the Site to reflect the changes.
Certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You & Halal Cosmetics® agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 12 can only be amended by mutual agreement.
First – Try to Resolve Disputes & Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Halal Cosmetics®’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 12(D), then you & we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section 12(A). Your notice to us must be sent to: Halal Cosmetics® firstname.lastname@example.org (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Halal Cosmetics® & you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Halal Cosmetics® to resolve the Dispute or Excluded Dispute on terms with respect to which you & Halal Cosmetics®, in each of our sole discretion, are not comfortable.
Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 12(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY & ALL DISPUTES ARISING BETWEEN YOU & HALAL COSMETICS® MUST BE RESOLVED BY FINAL & BINDING ARBITRATION. THIS INCLUDES ANY & ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDENT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY – & WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between Halal Cosmetics® & you regarding these Terms (& any Additional Terms) & the Site, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT & HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Halal Cosmetics® & you agree, however, that the State of Illinois or federal law shall apply to & govern, as appropriate, any & all claims or causes of action, remedies, & damages arising between you & Halal Cosmetics® regarding these Terms & the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to the State of Illinois’s choice of law principles.
A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, & in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You & we will pay the administrative & arbitrator’s fees & other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Halal Cosmetics® to pay a greater portion or all of such fees & costs in order for this Section 12 to be enforceable, then Halal Cosmetics® will have the right to elect to pay the fees & costs & proceed to arbitration. The arbitrator will apply & be bound by these Terms & any Additional Terms, & will determine any Dispute according to applicable law & facts based upon the record & no other basis, & will issue a reasoned award only in favor of the individual party seeking relief & only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration & class action waiver provisions contained herein are for the court to decide. This arbitration provision shall survive termination of these Terms or the Site.
1. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 12(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable (a) by delivery of written notice as set forth above in Section 12(A); (b) filing for arbitration with the AAA as set forth in Section 12(B); or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal & equitable, to the Disputes.
Injunctive Relief. The foregoing provisions of this Section 12 will not apply to any legal action taken by Halal Cosmetics® to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content & /or
1. No Class Action Matters. YOU & HALAL COSMETICS® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, & NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis & will not be joined or consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 12(B) to arbitrate will not apply & the Dispute must be brought exclusively in court pursuant to Section 12(F). Notwithst& ing any other provision of this Section 12, any & all issues relating to the scope, interpretation & enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, & not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Federal & State Courts in, IL (Choice of Halal Cosmetics®). Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court. Accordingly, you & Halal Cosmetics® consent to the exclusive personal jurisdiction & venue of such courts for such matters.
2. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithst& ing the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
DISCLAIMER OF REPRESENTATIONS & WARRANTIES
YOUR ACCESS TO & USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, & “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Halal Cosmetics® & its subsidiaries & each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, & assigns (collectively, the “Halal Cosmetics® Parties”) hereby disclaim & make no representations, warranties, endorsements, or promises, express or implied, as to:
1. the Site (including the Content & the User-Generated Content);
2. the functions, features, or any other elements on, or made accessible through, the Site;
3. any products, services, or instructions offered or referenced at or linked through the Site;
4. security associated with the transmission of your User-Generated Content transmitted to Halal Cosmetics® via the Site;
5. whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, & other technologies that could adversely impact your Device);
6. whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
7. whether any defects to or errors on the Site will be repaired or corrected;
8. whether your access to the Site will be uninterrupted;
9. whether the Site will be available at any particular time or location; &
10. whether your use of the Site is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A HALAL COSMETICS® PARTY, HALAL COSMETICS® PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, & FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY HALAL COSMETICS® PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
1. the Site (including the Content & the User-Generated Content);
2. your use of or inability to use the Site, or the performance of the Site;
3. any action taken in connection with an investigation by Halal Cosmetics® Parties or law enforcement authorities regarding your access to or use of the Site;
4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
5. any errors or omissions in the Site’s technical operation; or
6. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable & even if Halal Cosmetics® Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HALAL COSMETICS® PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, & CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO & USE OF THE SITE & YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HALAL COSMETICS® IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, & INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, & THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY HALAL COSMETICS® (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF HALAL COSMETICS®.
Updates to Terms These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SITE EVOLVES, THE TERMS & CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED & WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS & CONDITIONS & YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), & THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE & TRANSACTIONS. Therefore, you should review the posted terms of service & any applicable Additional Terms each time you use the Site (at least prior to each transaction or submission). The new terms will be effective as to new use & transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (& any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes & additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your account & the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Site & related services.
Halal Cosmetics®’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Halal Cosmetics® a right of consent or approval, or permits Halal Cosmetics® to exercise a right in its “sole discretion,” Halal Cosmetics® may exercise that right in its sole & absolute discretion. No Halal Cosmetics® consent or approval may be deemed to have been granted by Halal Cosmetics® without being in writing & signed by an officer of Halal Cosmetics®.
Applicable Law. These Terms & any Additional Terms will be governed by & construed in accordance with, & any Dispute & Excluded Dispute will be resolved in accordance with, the laws of the State of Illinois, without regard to its conflicts of law provisions.
Indemnity. You agree to, & you hereby, defend, indemnify, & hold Halal Cosmetics® Parties harmless from & against any & all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, & expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, dem& , or proceeding made or brought against any Halal Cosmetics® Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Site & your activities in connection with the Site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; & (vii) Halal Cosmetics® Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims & Losses”). You will cooperate as fully required by Halal Cosmetics® Parties in the defense of any Claim & Losses. Notwithst& ing the foregoing, Halal Cosmetics® Parties retain the exclusive right to settle, compromise, & pay any & all Claims & Losses. Halal Cosmetics® Parties reserve the right to assume the exclusive defense & control of any Claims & Losses. You will not settle any Claims & Losses without, in each instance, the prior written consent of an officer of a Halal Cosmetics® Party.
Operation of Site; Availability of Products & Services; International Issues. Halal Cosmetics® controls & operates the Site from its U.S.& Africa based offices in the U.S.A. & Kenya, & Halal Cosmetics® makes no representation that the Site is appropriate or available for use beyond the U.S.A & Africa. If you use the Site from other locations, you are doing so on your own initiative & are responsible for compliance with applicable local laws regarding your online conduct & acceptable content, if & to the extent local laws apply. The Site may describe products & services that are available only in the U.S.A. (or only parts of it) & Africa but are not available worldwide. We reserve the right to limit the availability of the Site & /or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time & in our sole discretion, & to limit the quantities of any content, program, product, service, or other feature that we provide. You & we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
Export Controls. Software related to or made available by the Site may be subject to export controls of the U.S.A. No software from the Site may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, & Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry & Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries & persons & entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations & laws both foreign & domestic. Except as authorized by law, you agree & warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, & the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force & effect). To the extent permitted by applicable law, you agree to waive, & you hereby waive, any applicable statutory & common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
Communications. When you communicate with us electronically, such as via email & text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, & other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Cooperation with Law Enforcement; Termination; Survival. Halal Cosmetics® reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms & any Additional Terms, (iii) investigate any information obtained by Halal Cosmetics® in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve & cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms & any Additional Terms, & (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason & without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Halal Cosmetics® under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Halal Cosmetics®, all rights granted to you under these Terms or any Additional Terms will cease immediately, & you agree that you will immediately discontinue use of the Site. The provisions of these Terms & any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights & licenses you grant to Halal Cosmetics® in these Terms & Conditions, as well as the indemnities, releases, disclaimers, & limitations on liability & the provisions regarding jurisdiction, choice of law, no class action, & mandatory arbitration.
Assignment. Halal Cosmetics® may assign its rights & obligations under these Terms & any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms & any Additional Terms may not be assigned by you, & you may not delegate your duties under them, without the prior written consent of an officer of Halal Cosmetics®.
No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Halal Cosmetics® in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, & (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing & signed by the party against whom the waiver or modification is sought to be enforced.
Connectivity. You are responsible for obtaining & maintaining all Devices & other equipment & software, & all internet service providers, mobile service, & other services needed for your access to & use of the Site & you will be responsible for all charges related to them.
TERMS APPLICABLE FOR APPLE iOS
If you are accessing or using the Site through an Apple Device, the following additional terms & conditions are applicable to you & are incorporated into the Terms by this reference:
1. To the extent that you are accessing the Site through an Apple Device, you acknowledge that these Terms are entered into between you & Halal Cosmetics® & , that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
2. You acknowledge that Halal Cosmetics®, & not Apple, is responsible for providing the Site & Content thereof.
3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Site.
4. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Site.
5. Notwithstanding anything to the contrary herein, & subject to the terms in these Terms, you acknowledge that, solely as between Apple & Halal Cosmetics®, Halal Cosmetics®, & not Apple is responsible for addressing any claims you may have relating to the Site, or your possession & /or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Site fails to confirm to any applicable legal or regulatory requirement; & (iii) claims arising under consumer protection or similar legislation.
- Further, you agree that if the Site, or your possession & use of the Site, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement & discharge of any such intellectual property infringement claims.
- You acknowledge & agree that Apple, & Apple’s subsidiaries, are third-party beneficiaries of these Terms, & that, upon your acceptance of the terms & conditions of these Terms, Apple will have the right (& will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- When using the Site, you agree to comply with any & all third-party terms that are applicable to any platform, website, technology or service that interacts with the Site.
Last Updated September 2017