Terms of Use | Lip Smacker

Please Read These Terms of Use Carefully Before Using This Website

This page details the terms of a legal agreement (the “Terms of Use”) between you and Markwins Beauty Products, Inc. (“Markwins”) By using our website, domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Markwins in connection herewith (collectively, the “Website” or “website”) you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the website, to the use of the Internet, and to the activities involved in using this website.

If you do not agree with the Terms of Use, then DO NOT use this website.

CALIFORNIA LAW:

This website is controlled by Markwins from its offices within California. Markwins complies with all laws of California applicable to this website and to the Internet. Visitors who choose to visit this website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

VENUE AND JURISDICTION:

Claims relating to this web site, to the use of this website, and to the information, content, material, and services available through this web site are governed by the laws of California. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of California for any litigation concerning this website, your use of this website and any information received through this website. You agree not to plead forum non conveniens in any such action. You consent to service of process.

PRIVACY:

To know what privacy measures Markwins has taken and what information we retain from your visit to this website, please read our website Privacy Policy, which is incorporated here by reference. Change of Terms:

By using this website, you agree to this Terms of Use as well as any posted changes of this Terms of Use. We reserve the right to change this policy at any time. We ask that you review this Terms of Use from time to time to insure you are familiar with the most current version of it. If you do not agree to the terms, DO NOT use our website.

ALTERATION OF SITE:

Markwins may change, suspend or discontinue any feature, aspect, product or service available through this website at any time. Markwins may alter the availability of any feature of this website or service related to any feature of this website at any time.

Markwins may add, remove or modify any content of this website, including that of third parties, at any time.

LIMITATION ON USAGE:

Markwins may limit your access to any part of this web site without notice to you. Markwins may terminate your use of its website at any time.

VISITOR ON-LINE CONDUCT:

You agree to use this website only for lawful purposes.

You agree to use this website only for its intended purposes.

Markwins reserves the right to prohibit any conduct involving this website that it deems to be inappropriate.

You agree not to disrupt this website.

You agree not to interfere with or compromise the security of this website, or any computer, server, account, network, data, software and/or hardware associated with this website.

You agree not to disrupt or interfere with any other visitor’s use of this website.

You agree not to attempt to obtain access to any portion of this website, any computer, server, account, network, software and/or hardware associated with the website, from which you are restricted.

You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this website and the Internet, including United States copyright and export regulations.

You warrant that all information that you provide to gain access to the services provided by this website is accurate and truthful.

Use of Markwins Online Store – If you are under 18 you must have your parent’s permission to purchase anything from our online store.

LINKS TO AND FROM OTHER WEB PAGES:

You may gain access to other websites via links on this web site; however, these Terms of Use apply to Markwins website and do not apply to other parties’ websites. Similarly, you may have come to this website via a link from another website. The terms of use of other websites do not apply to this web site. Only these Terms of Use apply to this website. Markwins assumes no responsibility for any terms of use or material outside this website accessed via any link.

Links to third party web sites or information are not intended, and should not be interpreted by readers, as constituting or implying Markwins endorsement, sponsorship or recommendation of the third party information, products or services found there.

COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY:

All information, content and material (“Content”) made available by Markwins through this website is owned by or licensed to Markwins. Markwins and its licensors retain all rights in this Content.

All Content, including, but not limited to the web site design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by Markwins and its licensors. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.

Markwins grants you permission to display, copy, distribute, print and/or download, the Content on this website for your personal, non-commercial use only. If you display, copy, distribute, print and/or download the Content on this website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.

The permission granted herein terminates automatically if you breach these terms or conditions. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.

Lip Smacker is a registered trademark, trademark, trade name, service mark, or otherwise protected property of Markwins and may not be used, copied or imitated without the prior written consent of Markwins.

Markwins intellectual property may not be used in connection with any service or information that is not Markwins. Markwins intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Markwins. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

The compilation of the Content on this website is the exclusive property of Markwins and is protected by U.S. and International copyright law.

You may not mirror any Content contained in this website on any other website or server.

DIGITAL MILLENNIUM COPYRIGHT ACT, TRANSMISSION OF THIRD PARTY CONTENT:

You may not upload, post or otherwise distribute on this website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.

Anything for which permission has been granted to upload, post or otherwise distribute must contain the notice “Copyright Markwins used by express permission.”

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution.

Markwins, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

Markwins, pursuant to the Digital Millennium Copyright Act, designates its Brand Manager to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on Markwins web sites in a way that constitutes infringement, you may notify Markwins by providing the following information:

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, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on Markwins website where the material that you claim is infringing is located;
Your address, telephone number and e-mail address;
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;
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.

You can reach Markwins via post or email:

Attn: Lip Smacker Brand Manager (On-line Privacy), Markwins Beauty Products, Inc., 22067 Ferrero Parkway, City of Industry, CA 91789, or by e-mail at: customercare@lipsmacker.com

You are prohibited from uploading, posting or otherwise distributing on this web site any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Markwins, its affiliates, employees, agents or any such similarly situated persons or entities.

OWNERSHIP OF THIRD PARTY CONTENT:

Markwins may display Content supplied by visitors and other third parties on its website. Markwins contains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

MARKWINS, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage or harm caused by your or anyone else’s reliance on Content available on this website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this website.

DISCLAIMERS:

THIS WEBSITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” MARKWINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEBSITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

MARKWINS DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.

LIMITATION OF LIABILITY:

MARKWINS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE.

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING, BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, MARKWINS NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF MARKWINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, MARKWINS LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

NO JOINT VENTURE:

This Agreement provides only for the use of this website. This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

INDEMNITY:

You agree to indemnify Markwins for any damages, losses, costs, or expenses that Markwins may incur as a result of your use of this website. You also agree to indemnify Markwins from any damages, losses, costs or expenses that Markwins may incur as a result of your providing inaccurate or untruthful information to gain access to the services provided through this website.

HOLD HARMLESS:

You agree to hold Markwins harmless for any damages, losses, costs, or expenses that you may incur as a result of your use of this website or your use of the Content, information and/or services available through this website.

SEVERABILITY:

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

INTEGRATION CLAUSE:

You hereby acknowledge that these Terms of Use, including all documents referenced herein, represent the entire understanding between you and Markwins concerning your use of this website, and the Content, information and services available on this website.

SURVIVABILITY:

All representations and warranties made by Markwins shall survive termination of the Terms of Use.

HEADINGS OF THE TERMS OF USE:

The section headings used in this Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.