Prescriptives
Custom Beauty embraces all women, all skins, all ages with products
that enhance the unique beauty of the individual. Their range
of skincare offers a customized regimen for every skintype, and
our exclusive Colorprint service helps identify the foundation
and colors that are right for you. From the ultimate luxury of
their Custom Blend foundation and powder to their playful, feminine
range of shades for eyes, lips and cheeks, Prescriptives can help
you create your own vision of beauty.
- Privacy
Please review our Privacy
Policy, which also governs your visit to the Site, so that you may understand
our privacy practices.
- 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 our Terms and Conditions.
For additional policies related to orders placed through this Site (such
as order processing, shipping and handling, returns and exchanges), click
here.
- 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.
- Intellectual Property
All content available on the Site, including but not limited to text, graphics,
logos, button icons, images, audio clips, data compilations and software,
and the compilation thereof (collectively, the "Content") is the property
of Prescriptives Inc., our affiliates, partners or licensors, and is protected
by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively,
the "Trademarks") are the registered and unregistered marks of Prescriptives
Inc., our affiliates, partners or licensors, in the United States and other
countries, and are protected by United States and international trademark
laws.
Except as set forth in the limited licenses in Section 5 below, or as required
under applicable law, neither the Content or Trademarks 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 prior written consent.
- Limited License
We grant you a limited, revocable, and non-exclusive license to access and
make personal use of the Site. This limited license does not include the
right to: (i) frame or utilize framing techniques to enclose the Site or
any portion thereof; (ii) modify or download the Site or Content (except
caching or as necessary to view the Site); (iii) make any use of the Site
or Content other than personal use; (iv) create any derivative work based
upon either the Site or Content; (v) collect account information for the
benefit of yourself or another party; (vi) use any meta tags or any other "hidden
text" utilizing our name or the Trademarks or to otherwise use the Trademarks;
or (vi) use software robots, spiders, crawlers, or similar data gathering
and extraction tools, or take any other action that may impose an unreasonable
burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create
a hyperlink to the home page of the Site for personal, non-commercial use
only. A Web site that links to the Site (i) may link to, but not replicate,
our Content; (ii) may not imply that we are endorsing such Web site or its
services or products; (iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene,
offensive or controversial, and may contain only content that is lawful and
appropriate for all ages; (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;
(vi) may not use any Trademark; and (vii) may not link to any page of the
Site other than the home page. 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 link.
Any unauthorized use by you of the Site 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.
- Your Obligations and Responsibilities
In the access or use of 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
(including our Privacy Policy), you shall be liable for all the losses and
damages that this may cause to Prescriptives Inc., our affiliates, partners
or licensors.
- Your Account
You may choose to register at our Site. If you do, you will have an Email
address/username and password for your account. You are responsible for maintaining
the confidentiality of your account, username and password and for restricting
access to your computer. You agree to accept responsibility for all activities
that occur under your account, username and/or password. You agree to provide
only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without
prior notice if you violate these Terms and Conditions or if we decide, in
our sole discretion, that it would be in Prescriptives Inc.'s best interests
to do so.
- Third Party Links
We are not responsible for the content of any off-Web site pages or any other
Web sites linked to or from the Site, including, without limitation, Gloss.com.
Links appearing on the Site are for convenience only and are not an endorsement
by us, our affiliates or our partners of the referenced content, product,
service, or supplier. Your linking to or from any off-Web site pages or other
Web sites is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-Web site pages
or any other Web sites 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 Web sites, including, without limitation, their privacy policies and
terms and conditions. You should carefully review the terms and conditions
and privacy policies of all off-Web site pages and other Web sites that you
visit.
- Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding
our policy with regard to unsolicited suggestions and ideas, any inquiries,
feedback, suggestions, ideas or other information you provide us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential. Subject to the terms
of our Privacy
Policy by transmitting or posting any Submission, you hereby grant us
a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully
sub- licensable right to use, reproduce, modify, adapt, publish, sell, assign,
translate, create derivative works from, distribute and display any Submission
in any form, media, or technology, whether now known or hereafter developed,
alone or as part of other works. You also acknowledge that your Submission
may not be returned and we may use your Submission, and any ideas, concepts
or know how contained therein, for any purpose including, without limitation,
developing, manufacturing, distributing and marketing products.
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 claims to any rights
in any Submission.
- Indemnification
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 resulting from your use of the Site. 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.
- Disputes
With respect to any dispute regarding the Site, all rights and obligations
and all actions contemplated by these Terms and Conditions shall be governed
by the laws of New York, as if the Terms and Conditions were a contract wholly
entered into and wholly performed within New York. Any dispute relating in
any way to your visit to the Site shall be submitted to confidential arbitration
in New York, except that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights or the intellectual
property rights of our affiliates, partners or licensors, we may seek injunctive
or other appropriate relief in any court and you consent to exclusive jurisdiction
and venue in any such court. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
- General
You acknowledge and agree that these Terms and Conditions, which include
our Privacy
Policy 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. Any changes are effective
immediately upon posting to the Site. Your continued use of the Site constitutes
your agreement to all such 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 other notice, including,
as applicable, by ceasing all use of the Site.
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