Introduction:
Please make sure to read these terms and conditions before using Glambot.com (the "Site"). Glambot provides its services (the "Services") to you (the "User") subject to this User Agreement (the "Agreement"). By using the Site, you agree to the all the following terms and conditions of this Agreement. If you do not agree with all the terms and conditions, you may not use the Site or its Services.
Changes and Modifications:
Glambot has the right to and may change the Agreement at anytime without giving prior notice. Such revised terms and conditions become immediately effective upon it's posting to and publication of the Site. If you use the Site or its Services after a date of revision, such use constitutes acceptance of the revised terms and conditions. If you do not accept such changes, you must stop accessing and using the Site and its Services.
Grant of Use:
You are granted permission to use the content and software (the "Services") of the Site only as a shopping and beauty product information resource- you may not use the Site for any other purpose. Such use includes, but is not limited to those previously described. Any modification, distribution or republication of said content and/or software is strictly prohibited without the prior written permission of Glambot.
Description of Service:
The “Services” includes (a) the Site, (b) Glambot's retailing services and other such related services, and (c) all data, reports, text, images, sounds, video, and content made available through the Site (collectively referred to as the “Content”). Any additional features added to the Service are also subject to this Agreement.
Copyright:
All Site Content- including design, text, graphics, images, logos, buttons, icons, interfaces, audio/video clips, and the selection/arrangement thereof), are the property of Glambot or its respective content and or software providers. Said Content is protected by U.S. and International Copyright Laws.
DMCA:
If you truly believe your personal work has been used in such a way that constitutes copyright infringement, please submit the following information to [email protected], with "Attn Legal Department" in the email subject header:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the sites;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Trademarks:
All trademarks, service marks and trade names used on the Site are the property of Glambot or its respective owners. Said marks cannot be used in connection with any product or service that is not a product or service of Glambot.
Privacy Policy:
Glambot collects and uses customer information according to its Privacy Policy as posted on this Site. The Privacy Policy may be amended from time to time, without any prior notice. Said Policy is incorporated by reference to be a part of this Use Agreement.
Payment:
If required to remit payment to Glambot, you will be required to select a payment option. Depending upon which payment option you choose, you may have to provide Glambot with information regarding your credit card or other payment instrument of choice. Upon making such payment, you represent and warrant to Glambot that the information you provided is true. Furthermore, you represent and warrant that you are authorized to use such payment instrument. You also agree to pay Glambot the entire amount that is charged to you payment instrument.
If you would like to dispute any charges made by Glambot, you must notify Glambot within sixty (60) days of being invoiced. We fully reserve the right to change Glambot's prices at any time and for any reason without notice. Any change will be reflected on the Site and is effective upon posting the prices to the Site. Your continued use of the Service after the price change is posted constitutes your agreement to pay updated price.
Fraud Protection Program:
Glambot screens all received orders for fraud and other types of unauthorized activity. In an effort to dissuade such illegal activity, we reserve the right to refuse an order due to suspected illegal activity. We also reserve the right to cancel any accounts or cancel shipping to certain mailing addresses due to suspected illegal activity. Please keep in mind that we take these preventative measures to protect our customers, as well as ourselves, from fraud and other illegal activity.
Product Information:
Glambot sells secondhand high-end cosmetics and beauty products at a price heavily discounted from retail. The choice to buy secondhand cosmetics and other beauty products, and the choice to expose yourself to a potential health risk, are your sole responsibility. Glambot is not associated or affiliated with any original manufacturers of the secondhand cosmetics and other beauty products listed on the site. Because you are aware you are purchasing secondhand cosmetics and beauty products, you choose to expose yourself to a potential health risk and take all responsibility for such- Glambot is not liable for any illness or injury caused by your use of such secondhand cosmetics and beauty products.
All the material and other information on the Site is intended for personal education or informational uses only. Statements made about the products may or may not have been evaluated by the U.S. Food and Drug Administration. Any results, if reported, may not necessarily occur in all individuals. Any statements made and any products for sale on the Site are NOT intended to diagnose, treat, cure or prevent any condition/disease. All products should be used in strict accordance with their instructions, precautions and other guidelines- always check the ingredients list of a product before using said product, to avoid potential allergic reactions.
Also note that glambot.com is not meant to be used as a substitute for professional medical advice. Please consult your own physician or dermatologist regarding the use of any goods, products or information received from the Site before using or relying on them. Glambot does not represent itself as a physician nor is this implied anywhere on the Site. If a minor uses any product purchased from the site, it should be only after the minor's legal or parental guardian has discussed the product and its potential effects with the minor's doctor. If you are in need of medical attention, immediately call 911 or your personal physician.
Pricing:
The product prices displayed on the Site are in U.S. dollars. Reference to any products, services, processes or other information by way of trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation of such by Glambot.
Representations:
You represent to Glambot that you: 1) have full power and authority to enter into this Agreement, 2) have full power and authority to engage in your billing and other activities in connection with the Services provided by Glambot, and 3) you are eighteen (18) years of age or older.
Color Satisfaction Policy:
Glambot has made every reasonable effort to accurately display colors of products for sale on the Site. However, the actual colors you see may not be accurate as they will depend on your monitor and its settings. If, for any reason you are not satisfied with your purchase, you can return them for a full refund within 14 days of purchase. For more information about returns and exchanges, please contact us at [email protected] and a customer care representative will be more than happy to assist you.
Termination:
You have the absolute right to terminate your Glambot account at any time- just contact us at [email protected]. Please note that Glambot reserves the right to: 1) modify or discontinue, temporarily or permanently, the service or any part thereof, and 2) refuse any and all current and future use of the service, suspend or terminate your account or any part thereof, for any reason, including if Glambot believes that you have violated your user agreement. Furthermore, Glambot will not be liable to you or any third party for any modification, suspension or discontinuation of the service.
Disclaimer of Warranties:
The service, including the site and its content, and all server and network components are provided on an "as is" and "as available" basis without any warranties whatsoever. Glambot expressly disclaims any and all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. By using the site and its service, you acknowledge the foregoing.
Disclaimer of Cosmetics and Other Beauty Products:
Glambot sells products from many of the most popular high-end cosmetic and beauty-related product producers in the world. The use of such cosmetics and beauty-related products ("beauty products") requires that any directions and/or warnings from the manufacturer be read, understood and followed. Furthermore, such reading is required to make the customer aware of the possibility that some people may have an allergic or some other reaction to such products.
Glambot tries its very best to provide all customers with a product's required product labeling information, but Glambot is not the manufacturer of the cosmetics and other beauty-related products and is therefore not responsible for any reaction or failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the customer. Glambot is not an authorized reseller of any brands displayed on the site. All customers should read and strictly follow the label, all packaging inserts and instructions, and all manufacturer directions and warnings. In providing information on the site with respect to cosmetics or other beauty products, whether in emails, product descriptions or otherwise, Glambot may rely on the advice of manufacturers. Customers seeking advice from the site shall be responsible for fully informing Glambot of any known allergies, special health or skin conditions, or other special circumstances that might be relevant to providing such advice. Since Glambot is not the manufacturer of products it sells, it is not liable for the failure of such products to meet any specific needs of a customer or of any specific loss, damage or injury caused by such products.
General Disclaimer Regarding All Products:
The information, services, products, and materials contained or offered in this site are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Glambot disclaims all representations and warranties, express or implied, with respect to the information, services, products, and materials contained or offered on the site. This includes but is not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus or other harmful code, and implied warranties arising from course of dealing or course of performance. Furthermore, Glambot does not represent or warrant that the information accessible through this site is accurate, complete or current.
Product prices and availability is subject to change without prior notice. In the case of unintentional error, Glambot shall not be bound by such errors or omissions in posting product information or prices of any products or services offered on the site.
All information on the site are intended to be used for informational purposes only. All products on this site are purely cosmetic and not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, or affect the structure of or any function of the human body.
Glambot shall not be liable for any damages of any kind arising out of or in connection with the use of the site or its services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Limitations on Liability:
In no event shall Glambot be held liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever in excess of the amount paid to Glambot for the product(s) at issue.
This applies even if Glambot had been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products and materials available from this site.
Furthermore, these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. No action or proceeding may be brought against Glambot with respect to any claim or dispute arising from the use of this site or the purchase of any products or goods through this site unless such action or proceeding is brought within one year of such use or purchase. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Glambot’s liability will be limited to the greatest extent permitted by law.
Indemnification:
You agree to defend, indemnify, and hold harmless Glambot (and its officers, directors, agents, employees and third-party service providers) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising or resulting from your breach of this agreement, or your use or misuse of the service. Furthermore, Glambot reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification. In such an instance, you agree to cooperate with all reasonable requests made by Glambot in effort to defend against such matter.
Assignment:
You may not assign this agreement or any part of it, without the prior written consent of Glambot. Glambot may assign or transfer this agreement, or any part of it, without any restrictions.
Mobile Services:
if you access the site via your mobile phone, please be aware that your mobile carrier's normal rates and fees, such as text messaging fees or data charges, still apply and you will be charged accordingly.
Severability:
If any provision of this agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this user agreement will remain in full force and effect.
Waiver:
The waiver of any breach or default of this user agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
Entire Agreement:
This agreement, that may be amended from time to time, constitutes the complete user agreement between Glambot and the customer. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such related matters. Any additional or different terms in any purchase order or other written or oral response by customer, shall not be part of this agreement and in no way binding upon Glambot.
Amendments and Modifications:
Use of the site acts as acceptance of its terms . From time to time, the terms of the agreement may be modified without any prior notice. These modifications become valid upon publication via the site and from there on represent the entire agreement of the parties with regard to use of the site and services.
Governing Law:
This site and services are created and controlled by Glambot in the state of California in the United States of America, and as such, the laws of the state of California govern this user agreement without regard to any principles of conflict of laws. Unless otherwise elected by Glambot in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of Sacramento County, California
Contact Us:
If you have any questions or concerns regarding the terms of this user agreement, you should contact Glambot by either of the following methods-
By mail:
Glambot
Attn: Legal Department
3738 22nd St
San Francisco, CA 94114
By Email:
[email protected]
Subject header: Attn Legal Department
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