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| 3. Termination of this Agreement |
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(a) If you breach any provision of this Agreement, you may no longer use the Site.
CosmeticEyes may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part of it, or your permission to use the Site, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the Site is terminated by you or
CosmeticEyes for any reason, then: |
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(i) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site; and
(ii) CosmeticEyes may continue to use and disclose your personal information submitted on the Main Site in accordance with the
Privacy Policy as amended from time to time. |
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| 4. No Endorsement |
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(a) The Site may contain links to other sites which are provided only as references to help you identify and locate Internet resources that may be of interest. Such other sites were independently developed by parties other than
CosmeticEyes, and CosmeticEyes does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites,
CosmeticEyes is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
(b) A link to another site should not be construed to mean that CosmeticEyes is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
(c) The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or that party’s product or service.
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| 5. No Liability |
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(a) COSMETIC EYES DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY
COSMETIC EYES TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) COSMETIC EYES IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER TORTUOUS ACTION.
(c) COSMETIC EYES DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE.
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| 6. Trademarks |
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(a) Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of
Cosmetic Eyes or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by
Cosmetic Eyes or other entities.
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| 7. Confidentiality |
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(a) CosmeticEyes takes all reasonable precautions and implements reasonable safety measures to protect information submitted through the Secure Site which you use to place an order.
(b) The Main Site (and the Internet generally) is not a secure medium and privacy, even at the Secure Site, cannot be ensured. Internet e-mail is vulnerable to interception and forging.
CosmeticEyes will not be responsible for any damages you or any third party may suffer as a result of the transmission of information that you make to
CosmeticEyes through the Main Site, or that you expressly or implicitly authorize
CosmeticEyes to make, or for any errors or any changes made to any transmitted information.
(c) All information submitted to CosmeticEyes via the Main Site shall be deemed and remain the property of
CosmeticEyes and CosmeticEyes shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to
CosmeticEyes through the Main Site or sent through e-mail.
CosmeticEyes shall be subject only to the obligations of confidentiality regarding any such information as contained in paragraph 7 “Privacy Policy” below or required by law.
(d) Any and all information submitted to CosmeticEyes through its Secure Site when placing an order is governed by the terms stated in the Order Form and is kept confidential.
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| 8. Privacy Policy |
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(a) On the Main Site, CosmeticEyes collects, uses and discloses your personal information in accordance with the
CosmeticEyes Privacy Policy. By accepting this Agreement, and each time you use the Site, you consent to
CosmeticEyes’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.
(b) Please see our full privacy policy here.
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| 9. Computer Viruses |
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(a) While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
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| 10. General Terms |
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(a) This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and
CosmeticEyes relating to your use of the Site, and supersedes all previous agreements, written, oral or otherwise, between you and
Cosmetic Eyes with respect to your use of the Site.
(b) If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
(c) The provisions of this Agreement will ensure to the benefit of and be binding upon each of
CosmeticEyes and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of
CosmeticEyes which may be withheld in CosmeticEyes's sole discretion.
CosmeticEyes may assign this Agreement and its rights and obligations under this Agreement without your consent.
(d) No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
(e) All Sections of this Agreement survive indefinitely after the termination of this Agreement.
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