Terms of Service

Kissable Couture Terms of Service Agreement 1. *Acceptance of Terms*. http://www.kissablecouture.com (the “Site”) is owned and operated Luxury Cosmetics Development Group, LLC, a Delaware limited liability company (referred to herein as the “Company,” “we,” or “us”) for your own personal use and information. Please be advised that your access to and use of the Site is subject to the following terms, conditions, and notices (the "Terms") as well as all applicable laws. By accessing and using the Site, you accept the Terms without limitation or qualification. The Company may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time. The Company reserves the right, without notice and for any reason, to remove any content or products on this Site and/or to deny access of any user or users to all or any part of the Site. Your continued use of this Site constitutes your binding acceptance of the Terms. 2. *Privacy*. Please review our Privacy Policy so that you may understand our privacy practices. The terms and conditions of the Privacy Policy are incorporated herein by this reference. 3. *Accuracy of Information*. We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free. 4. *Limited License*. We hereby grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site strictly for the purpose of learning information about our products and services and for facilitating the purchase of said products and/or services. Any other use of the Site is strictly prohibited. 5. *Intellectual Property Rights*. You acknowledge and agree that the Site, any content (“Content”) posted on the Site and any necessary software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Content or the Software, in whole or in part. 6. *Indemnity*. You agree to indemnify, defend and hold the Company and its subsidiaries and affiliates and each of their respective, officers, directors, agents, employees, members, partners, shareholders and licensors harmless from and against any all liabilities, losses, claims or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any violation or breach of the terms of these Terms. 7. *Reservation of Rights*. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Site. Furthermore, we reserve the right to do any of the following any time, with or without prior notice: (i) restrict, suspend, or terminate access to all or any part of the Site, (ii) move or remove any Content and/or products from the Site, and/or (iii) establish general practices, fees and policies concerning the Site and the services and/or products we provide. 8. *Links*. The Site may provide links to other internet sites or resources. Inclusion of these links on our Site does not constitute our endorsement of the materials on those third party sites and does not signify any association with the owners or operators of those third party sites and services. Since the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 9. *Disclaimer of Warranties*. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: <notextile> (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. (b) THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CONTENT POSTED ON THE SITE IS TRUE AND/OR ACCURATE; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. </notextile> 10. *Limitation of Liability*. <notextile> THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES AS TO THE AVAILABILITY, ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION CONTAINED OR POSTED ON THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OR INJURY ARISING FROM ANY LINKS TO OTHER SITES CONTAINED WITHIN OR REFERRED TO IN THIS SITE. MOREOVER, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM ANY CONTENT POSTED BY USERS OR THIRD PARTIES ON THE SITE. FURTHERMORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF [NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) ANY STATEMENTS, MESSAGES, POSTINGS, OR CONTENT MADE BY ANY THIRD PARTY; OR (iii) THE CONDUCT OF ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). </notextile> 11. *Submissions*. We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Accordingly, please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations and/or other similar materials ("Unsolicited Submissions"). If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted and perpetual use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. 12. *Purchase Related Policies*. The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of these Terms. Before shopping or placing orders on our Site, please read the additional policies related to orders placed through this Site, such as order processing, shipping and handling, returns and exchanges), all of which are incorporated herein by this reference. 13. *No Third Party Beneficiaries*. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. 14. *Notices*. The Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Site. 15. *Entire Agreement*. These Terms constitutes the entire agreement between you and the Company and governs your use of the Site. 16. *Choice of Law and Forum*. These terms and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. 17. *Waiver and Severability of Terms*. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 18. *Statute of Limitations*. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 19. *Section Titles For Convenience Only*. The section titles in the Terms are for convenience only and have no legal or contractual effect. Terms of Service Agreement 1. Acceptance of Terms. http://www.kissablecouture.com (the “Site”) is owned and operated Luxury Cosmetics Development Group, LLC, a Delaware limited liability company (referred to herein as the “Company,” “we,” or “us”) for your own personal use and information. Please be advised that your access to and use of the Site is subject to the following terms, conditions, and notices (the “Terms”) as well as all applicable laws. By accessing and using the Site, you accept the Terms without limitation or qualification. The Company may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time. The Company reserves the right, without notice and for any reason, to remove any content or products on this Site and/or to deny access of any user or users to all or any part of the Site. Your continued use of this Site constitutes your binding acceptance of the Terms. 2. Privacy. Please review our Privacy Policy so that you may understand our privacy practices. The terms and conditions of the Privacy Policy are incorporated herein by this reference. 3. Accuracy of Information. We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free. 4. Limited License. We hereby grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site strictly for the purpose of learning information about our products and services and for facilitating the purchase of said products and/or services. Any other use of the Site is strictly prohibited. 5. Intellectual Property Rights. You acknowledge and agree that the Site, any content (“Content”) posted on the Site and any necessary software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Content or the Software, in whole or in part. 6. Indemnity. You agree to indemnify, defend and hold the Company and its subsidiaries and affiliates and each of their respective, officers, directors, agents, employees, members, partners, shareholders and licensors harmless from and against any all liabilities, losses, claims or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any violation or breach of the terms of these Terms. 7. Reservation of Rights. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Site. Furthermore, we reserve the right to do any of the following any time, with or without prior notice: (i) restrict, suspend, or terminate access to all or any part of the Site, (ii) move or remove any Content and/or products from the Site, and/or (iii) establish general practices, fees and policies concerning the Site and the services and/or products we provide. 8. Links. The Site may provide links to other internet sites or resources. Inclusion of these links on our Site does not constitute our endorsement of the materials on those third party sites and does not signify any association with the owners or operators of those third party sites and services. Since the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 9. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. (b) THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CONTENT POSTED ON THE SITE IS TRUE AND/OR ACCURATE; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 10. Limitation of Liability. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES AS TO THE AVAILABILITY, ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION CONTAINED OR POSTED ON THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OR INJURY ARISING FROM ANY LINKS TO OTHER SITES CONTAINED WITHIN OR REFERRED TO IN THIS SITE. MOREOVER, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM ANY CONTENT POSTED BY USERS OR THIRD PARTIES ON THE SITE. FURTHERMORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF [NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) ANY STATEMENTS, MESSAGES, POSTINGS, OR CONTENT MADE BY ANY THIRD PARTY; OR (iii) THE CONDUCT OF ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). 11. Submissions. We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Accordingly, please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations and/or other similar materials (“Unsolicited Submissions”). If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted and perpetual use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. 12. Purchase Related Policies. The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of these Terms. Before shopping or placing orders on our Site, please read the additional policies related to orders placed through this Site, such as order processing, shipping and handling, returns and exchanges), all of which are incorporated herein by this reference. 13. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. 14. Notices. The Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Site. 15. Entire Agreement. These Terms constitutes the entire agreement between you and the Company and governs your use of the Site. 16. Choice of Law and Forum. These terms and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. 17. Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 18. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 19. Section Titles For Convenience Only. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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