Know Cosmetics is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy or completeness of Content, including without limitation the availability or effectiveness of any product. Know Cosmetics does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.
Services. Through the Website, you may be able to review Content, upload and download files, register for membership, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments (the “Services”). Know Cosmetics reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Know Cosmetics reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.
User Generated Content. Know Cosmetics does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by Know Cosmetics prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Know Cosmetics shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.
Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Know Cosmetics or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.
Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:
Furthermore, you acknowledge and agree that you will not:
You also agree not to upload, post, distribute or otherwise transmit on, through or to the Website:
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any illegal information or materials.
Ownership and Use of Content. Except as otherwise set forth herein, all Content is owned by Know Cosmetics and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Know Cosmetics. Please contact us at email@example.com with any licensing inquiries.
If you submit, transmit or upload suggestions, ideas, notes, text, graphics, images, photographs, videos or other audio-visual material, concepts, data, applications, software, code, programmed instructions or other information (collectively, the “User Generated Content”) to the Website, or to us by email, through the Website or by other means of communication, ownership of such User Generated Content shall remain with you, provided that the communication of such User Generated Content shall be deemed to be your permission and grant:
You hereby waive any moral rights in or to such User Generated Content in favour of Know Cosmetics.
Know Cosmetics shall not:
Notwithstanding the foregoing, you hereby waive all rights to any claims against Know Cosmetics for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company may rely upon this representation to its detriment. Accordingly, you further agree to defend, hold harmless and indemnify the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the "Know Cosmetics Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised any third party against the Know Cosmetics Parties in connection with your User Generated Content.
Furthermore, you agree to release the Know Cosmetics Parties from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Know Cosmetics of User Generated Content provided by you. If at any time you are not happy with any aspect of the Services or you object to any Content, your sole remedy is to cease using them.
Intellectual Property. Know Cosmetics and third party trademarks and service marks may or may not be designated as such from time-to-time using the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Know Cosmetics names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, "Know Cosmetics IP”). At no time shall any user, either directly or through any third party or agent
Minors. Know Cosmetics does not knowingly gather or solicit data from anyone under the age of 13 through the Services. If you are under the age of 13 or unable to form a legally binding contract, you can use the Services only in conjunction with, and under the supervision of, a parent or guardian and KNOW Cosmetics reserves the right to verify such supervision.
Availability. Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice.
NO WARRANTY. THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT.
TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
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