Terms of Use

Web Site Terms and Conditions of Use

  1. Acceptance of Terms of Use

By visiting, using, browsing, or accessing https://cosmeticsreport.com (the “Web Site”), you accept, without limitation or qualification, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use, please do not use our services or visit our Web Site.  Acceptance of these terms constitutes a legal agreement between you and Cosmetics Report.  These Terms of Use, along with our Privacy Policy, govern your use of the Web Site and any other websites, applications, and other products or services offered by Cosmetics Report or its affiliates that include an authorized link to these Terms of Use.

  1. Changes to Terms of Use

We may at any time revise these Terms of Use and/or our Privacy Policy. You are bound by any such revision and should therefore review this Web Site periodically to determine the then current Terms of Use, Privacy Policy, and conditions to which you are bound. If you do not agree with any changes to these Terms of Use, your sole remedy is not to use the Web Site. If you continue to use the Web Site after we change these Terms of Use, you accept all changes.

  1. Intellectual Property; License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Web Site (the “Content”) are owned or licensed by and to Cosmetics Report or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Cosmetics Report, we will retain all right, title, and interest in and to the Web Site and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Use or expressly granted to you in writing by Cosmetics Report, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site. The compilation of the Content on the Web Site is the exclusive property of Cosmetics Report.

 

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Use, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Use or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Web Site or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Web Site or Content; license or sublicense any part of the Web Site or Content; or in any way exploit any part of the Web Site or Content. In addition, except as provided in this Terms of Use or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

Further to the foregoing, permission is granted to you to temporarily download one copy of the materials (information or software) on the Web Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (a) modify or copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on cosmeticsreport.com; (d) remove any copyright or other proprietary notations from the materials; or (e) transfer the materials to another person or “mirror” the materials on any other server.  This license shall automatically terminate if you violate any of these restrictions and may be terminated by cosmeticsreport.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. Copyright & Trademark

The copyright in all materials provided on the Web Site is owned by Cosmetics Report or its affiliate(s). Except as stated herein, none of the material contained in the Web Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Cosmetics Report. Permission is hereby granted to view, copy, print and download the materials on the Web Site for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Cosmetics Report may revoke any of the foregoing rights at any time. You may not, without Cosmetics Report’s prior written consent, “mirror” any material contained on the Web Site on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Web Site. Any unauthorized use of any material contained on the Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Web Site are registered or unregistered Trademarks of Cosmetics Report. Nothing on the Web Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Web Site without the prior written consent of the Trademark owner. The name of Cosmetics Report or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Web Site without the prior written consent of Cosmetics Report. Cosmetics Report prohibits the use of any Cosmetics Report logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Cosmetics Report in writing.

  1. User Account and Content Submissions

Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, etc.). The Web Site’s practices governing your personal information are disclosed in its Privacy Policy. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If Cosmetics Report has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cosmetics Report has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on this Web Site is subject to disclosure to any regulatory or criminal authority or third party.

If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Web Site using your name, username or password in whole or in part. You accept responsibility for all activities, charges, and damages that occur under your account by other members of your household. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

  1. Third Party Content

We may provide third-party content (including advertisements) or links to third-party websites on the Web Site. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions and do not make any representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any third-party content. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to interact with certain third party social media sites (“Social Media Sites“) through the Web Site, including, without limitation, Facebook and Twitter.

YOU AGREE THAT COSMETICS REPORT AND ITS PARTIES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.

  1. Limitations of Use

You must be 18 years of age or older to access our Web Site or use our services. Without limiting any other provision in these Terms of Use, by accessing our Web Site, you agree not to do the following, or assist others to do the following:

  • Access the Web Site using any interface other than ours;
  • Maintain any link to the Web Site that we ask you to remove, in our sole discretion;
  • Frame the Web Site or Content, make the Web Site or Content available via in-line links, otherwise display the Web Site or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Cosmetics Report or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Web Site;
  • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  • Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • Transmit files that contain viruses, Trojan horses, spyware, adware, or other harmful, disruptive or destructive files;
  • Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
  • Remove, modify, disable, block or otherwise impair any advertising in connection with the Web Site;
  • Interfere with others using the Web Site or otherwise disrupt the Web Site;
  • Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Web Site;
  • Transmit, collect, or access personally identifiable information about other persons without the consent of those persons and Cosmetics Report;
  • Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Web Site;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Web Site or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content;
  • Access any portion of the Web Site that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
  • Use the Web Site for any other unlawful purpose.

 

You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. Cosmetics Report reserves the right to terminate your access to the Web Site or any of its services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Cosmetic Report’s rights or interests in its Web Site, services, or other property; or for any or no reason whatsoever without prior notice to you. Cosmetics Report may take any other actions necessary in this regard or seek any remedies permitted by law. Any violation of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Cosmetics Report, you must destroy all materials obtained from this Web Site and all related documentation.

 

  1. Monitoring and Management of Content of Web Site

 

Cosmetics Report shall have the right, but not the obligation, to monitor the content of the Web Site to determine compliance with these Terms of Use and any other operating rules established by Cosmetics Report, as well as to determine compliance with applicable laws, including, but not limited to, copyright laws. Cosmetics Report shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Web Site that Cosmetics Report finds to be in violation of these Terms of Use or that Cosmetics Report believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement and rights of privacy and publicity.

 

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

 

  • Change or discontinue the Web Site;
  • Change how we offer and operate the Web Site
  • Remove Content from the Web Site;
  • Restrict, suspend or terminate your access to the Web Site or any feature thereof; and
  • Deactivate your account(s) and delete all related information and files in your account(s).

 

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms of Use. If Cosmetics Report terminates your access, you must immediately stop using the Web Site.

 

  1. Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Cosmetics Report and its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Company Parties”) from and against any claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, taxes, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Web Site and the Content or your breach of these Terms of Use. You will cooperate as fully and reasonably as reasonably required by the Company Parties. The Company Parties retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim without the Company Parties’ (as applicable) prior written approval.

 

  1. Disclaimers and Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE (IN WHATEVER FORM OR MEDIA); (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COSMETICS REPORT DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THERE WILL NOT BE ANY FAILURES, INTERRUPTIONS, OR DELAYS IN THE DELIVERY OF ANY CONTENT CONTAINED IN THE WEB SITE. COSMETICS REPORT’S PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE WEB SITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

 

YOUR ACCESS TO AND USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.

 

THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, 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 OR FOR ANY CONDUCT BY USERS OF THE WEB SITE.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT); THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; OR ANY ERRORS OR OMISSIONS IN THE WEB SITE.

 

  1. Governing Law

These Terms of Use and all claims between you and Cosmetics Report arising from or related to your use of the Web Site will be governed by and construed in accordance with the laws of the Province of Newfoundland, Canada without regard to its conflict of law provisions.

  1. Miscellaneous

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data. You agree that these Terms of Use will not be construed against Cosmetics Report by virtue of having drafted these Terms of Use. If any provision of these Terms of Use or the Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use or Privacy Policy, which will remain in full force and effect. No waiver of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of Cosmetics Report. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on the Web Site or (if applicable) delivering them to you via email. If you have previously provided an email address, you may be able to update your email address as described in our Privacy Policy. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use, including all additional terms, conditions, and policies on the Web Site, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms of Use affects any non-waivable statutory rights that apply to you.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Web Site, or as otherwise described in the Privacy Policy.