Introduction
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of the kavcent.shop website and any related domains owned and operated by Kavcent® Makeup (the “Website”), as well as all content, services, and products available on or through the Website (collectively called the “Services”).
Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. Please read these Terms and Conditions carefully before using our Website or Services. By using our Website or Services, you agree to be bound by these Terms and Conditions.
Use of the Website and Services
You may view and download content from the Website only for personal, non-commercial purposes, provided that you retain all copyright and other proprietary notices contained in the content. You may not use, reproduce, distribute, republish, download, store, post, transmit, or copy any content from the Website without our prior written permission, unless the Website expressly authorizes you to do so.
You may not access or use the Website or Services in any manner that could damage, disable, overburden, or impair any of our servers or networks. You may not attempt to gain unauthorized access to the Website, user accounts, or computer systems or networks.
Your Account and Registration Obligations
You must be at least 18 years of age to use our Website and Services. By registering for an account, you affirm you are at least 18 years of age.
When you create an account, you agree to provide accurate, current, and complete account information about yourself. You also agree not to impersonate someone else, misrepresent your identity or affiliation with any person or organization, or use an invalid or unauthorized payment method.
You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or other breach of security. We will not be liable for any loss or damage arising from unauthorized use of your credentials.
Order Processing and Sales
Placing Orders. Orders for products can be placed through our Website. All orders are subject to product availability and our acceptance of your order. We may impose restrictions on order quantities or total purchase amounts for certain products or orders. To the fullest extent permitted by law, we reserve the right to refuse or cancel any order prior to shipment for reasons such as product unavailability, pricing errors, or problems identified by our credit department.
Prices and Payment Terms. The prices displayed on our Website are quoted in U.S. dollars. We accept all major credit cards and other forms of online payment. You agree to pay the total amount due including any taxes, fees, shipping costs, and any other additional charges. We reserve the right to hold or cancel any order if the price or payment information is inaccurate. Promotional codes and discounts cannot be applied retroactively to previous orders.
Sales Tax. If you purchase products on our Website, you are responsible for all applicable state and local taxes associated with your purchase.
Shipping and Delivery. We process orders on business days between 9am-5pm Pacific Time. We will make reasonable efforts to ship your order according to our estimated timeframes, but cannot guarantee delivery dates. We reserve the right to hold orders for fraud screening. If an order is held or cancelled, we may attempt to contact you to discuss the next steps required to ship your order or issue a refund as appropriate.
Returns and Refunds. Please review our Return Policy posted on our Website prior to making purchases. We offer reasonable return windows and refunds according to our posted Return Policy.
User Content
User Content Defined. The Website may allow you to upload photos, product reviews, message board posts, and other content for public display (“User Content”). User Content does not include the products offered for sale on our Website.
Ownership. You retain ownership of your User Content. However, by uploading or posting User Content, you grant us an irrevocable, perpetual, non-exclusive, fully sublicensable, royalty-free worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute that User Content in any and all media or distribution methods.
Responsibility for User Content. You are solely responsible for the User Content you upload, publish, or display on or through the Website, and you represent and warrant you have all rights necessary to do so. You are responsible for complying with all applicable laws related to your User Content.
We have the right but not the obligation to monitor, screen, post, remove, modify, store, and review User Content, in our sole discretion and for any lawful purpose. We assume no liability associated with any action or inaction regarding User Content provided by any user or third party.
Prohibited Uses of the Website and Services
You agree not to use the Website or Services in any way that violates applicable laws or infringes our intellectual property rights or those of any third parties. Specifically prohibited uses include, but are not limited to, the following:
- Harassing, abusing, threatening, or intimidating any person or organization.
- Posting or transmitting material that is obscene, pornographic, illegal, threatening, defamatory, libelous, harmful, promotes violence, terrorism, racial hatred, illegal drugs, or illegal activity, or is otherwise objectionable.
- Making unsolicited offers, advertisements, proposals, or sending junk mail other than in designated areas specifically for this purpose.
- Impersonating any person or entity or falsely stating your affiliation with a person or entity.
- Hacking, cracking, phishing, extracting data, breaching security, probing, scanning, testing system or network vulnerabilities, breaching login credentials without permission, or otherwise attempting to gain unauthorized access to any system, website, data, user accounts, servers or networks.
- Launching or facilitating denial of service attacks, spamming, mail bombing, worms, Trojans, viruses or any other malicious software.
- Creating or submitting unwanted email or comments to other users (commercial advertising, solicitations, chain letters, pyramid schemes, etc.).
- Modifying, copying, distributing, transmitting, displaying, publishing, licensing, performing, reproducing, posting, reporting, framing, or selling any information, software, products or services obtained from the Website without our prior written consent.
Intellectual Property Rights
Website Content. All content and materials on our Website, including text, graphics, logos, names, images, designs, audio, video, data, organization, software, look and feel, and compilation, arrangement, and presentation of any materials (collectively, “Website Material”) are owned by us or our licensors and are protected by United States and international copyright, trademark and other intellectual property laws (“Intellectual Property Rights”).
The Kavcent® Makeup name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kavcent® Makeup or its affiliates (collectively, the “Kavcent Trademarks”). You agree not to display or use the Kavcent Trademarks in any manner without our prior permission. Nothing contained on the Website shall be construed as granting any license or right to use any Kavcent Trademark without our prior written consent.
User Content IP Rights. Your posting of User Content on the Website does not transfer any Intellectual Property Rights or ownership rights in the User Content to us. You grant us only the limited licenses described under the “User Content” section above.
Disclaimers and Limitations of Liability
No Warranties. THE WEBSITE, SERVICES, AND WEBSITE MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL CODE, SECURITY OR ACCURACY OF THE WEBSITE OR SERVICES.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL KAVCENT® MAKEUP BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE, PRODUCTS, OR SERVICES, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Indemnification. Upon request, you agree to defend, indemnify, and hold harmless Kavcent® Makeup, its officers, directors, employees, agents, and representatives from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising from your use of the Website or Services, your User Content submissions, or any violation of these Terms and Conditions. We reserve the right to assume exclusive defense and control of any such claim subject to indemnification by you, in which case you agree to cooperate with us in the defense of the matter.
Termination
We reserve the right, with or without notice, to restrict, suspend, or terminate your access to the Website, Services, or any account you may have created for any reason at any time and in our sole discretion, including violations of these Terms and Conditions. We reserve the right to change, suspend, or discontinue all or part of the Website or Services at any time without notice.
Governing Law
These Terms and Conditions and any dispute or claim arising out of or related to them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflicts of law provisions.
Changes to the Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the changes on the Website. Your continued use of the Website or Services signifies agreement to our revision of these Terms. Please check this page periodically for updates.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Kavcent® Makeup
123 Makeup Lane
Los Angeles, CA 90001
Email: [email protected]
Phone: 555-123-4567
Effective as of March 1, 2023