TÉRMINOS Y CONDICIONES
Effective date: 11 February 2019
WELCOME TO THE WEB SITE OF M∙A∙C Cosmetics NICARAGUA ONLINE.
2. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services described in the Site, as well as the samples that we may provide to you, are for personal use only. You may not sell or resell any of the samples you receive from us. We reserve the right, with or without prior notice, to cancel or reduce the amount of any of the products or services provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. ACCURACY OF INFORMATION
We try 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 descriptions, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. M·A·C Cosmetics Nicaragua therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.
4. INTELLECTUAL PROPERTY
All information and content available on the Site and its "presentation and projection" (look and feel), including but not limited to trademarks, logos, service marks, features, functions, texts, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof, (collectively, the "Content") is property of M·A·C Cosmetics Nicaragua, of our affiliates, partners or licensors, and is protected by the laws of Nicaragua, the United States and international laws, including copyright and trademark laws.
Except as stated in the limited licenses in SECTION 5, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express and prior written consent.
5. LIMITED LICENSES
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or use framing techniques to enclose the Site or any part of it; (b) republish, redistribute, transmit, sell, license or download the Site or any and / or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and / or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based on the Site or on any and / or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any type of meta tag or any other "hidden text" using any and / or all Content; or (g) use software robots, spiders, trackers, or similar data collection and extraction tools, or take any other action that may impose an unreasonable burden or imposition on our infrastructure. You must retain, without modification, all proprietary notices in the Site as well as those that are attached or contained in the Site.
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site strictly for personal and non-commercial use. A website that links to the Site (i) may link to, but not replicate, any and / or all of our Content; (ii) may not imply that we endorse such website or its services or products; (iii) may not represent its relationship with us; (iv) may not contain content that could be interpreted as unpleasant, obscene, offensive, controversial or illegal or inappropriate for any age (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; and/or (vi) may not link to any Site page other than the homepage. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such links and cease any linking unless we authorize you, separately and expressly, in writing to resume linking.
Any unauthorized use by you of the Site or any and / or all of our Content automatically terminates the limited licenses set forth in this SECTION 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. YOUR OBLIGATIONS AND RESPONSIBILITIES
By accessing or using the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the damages and losses this may cause to M·A·C Cosmetics Nicaragua, our parents, subsidiaries, affiliates, partners or licensors.
7. THIRD PARTY LINKS
We are not responsible for the content of any page external to the Site or other linked websites to or from the Site. The links that appear on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service or provider. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites you visit.
8. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claim to any rights in any Submission or any damages arising from any Submission.
10. USER CONTENT
When you transmit, upload, post, share, distribute, reproduce, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. Such User Content constitutes a Submission under SECTION 9. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to participate in transmitting, uploading, posting, emailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and, therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and / or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
11. COPYRIGHT CLAIMS
We respect the intellectual property of third parties. If you believe that a work has been copied on the Site in such a way that a copyright is being violated, please send an email or a written notification to our Designated Agent for notifications of violation of rights with the following information: (i ) identification of the work (s) of authorship that he considers to be in violation and certification of his ownership of the authorship or authorization that allows him to perform on behalf of the owner of the copyright; (ii) details of the material that alleges that it is in default and the location of that material on the Site; (iii) your address, telephone number and email address.
Our Designated Agent for notifications of copyright infringement is
PH Prime Time,
Piso 18 Oficina 18A,
Costa del Este.
Tel. +507 309 7725
NOTE: THE CONTACT INFORMATION ABOVE MENTIONED IS OFFERED EXCLUSIVELY TO NOTIFY M∙A∙C COSMETICS Nicaragua OF INFRINGEMENTS OF MATERIAL HELD BY THE LAW OF COPYRIGHT. ANY OTHER TYPE OF INQUIRY WILL NOT BE ANSWERED THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL AT email@example.com .
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES, AND WE EXCLUDE ANY REPRESENTATION, WARRANTY AND CONDITION OF ANY KIND THAT IS, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR WITH THE SITE, INCLUDING BUT NOT LIMITED TO GUARANTEES OR CONDITIONS OF SATISFACTORY QUALITY, COMMERCIALIZATION, NON-INFRINGEMENT OR SUITABILITY FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDED.
YOU AGREE THAT, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE) FOR ANY INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($ 100.00) OR ITS EQUIVALENT IN LOCAL CURRENCY.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute arising in connection with the Site, all rights and obligations and all measures provided for in these Terms and Conditions shall be governed by and construed in accordance with Nicaraguan Law. To the fullest extent permitted by applicable law, any dispute related in any way to your visit to the Site will be submitted to a competent court in Nicaraguan unless, to the extent that you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or have a cause to sue in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
15. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Site to the extent permitted by applicable law. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in SECTION 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot give their consent to receipt of Notifications electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or any other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.If you have any questions regarding these Terms and Conditions, please email us at email@example.com.