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Terms

Welcome to the It’s Your Face Cosmetics Website. The It’s Your Face Cosmetics division of Norkobe’s Beauty Inc. maintains a Web site at http://www.itsyourfacecosmetics.com for your information and for the conduct of business. You may use the Site for lawful purposes only. Please read these Terms of Use carefully. Your access to and use of the Norkobe’s/It’s Your Face Cosmetics Website is subject to and governed by the Terms and Conditions set forth below. These Terms of Use apply to all users of the Norkobe’s/It’s Your Face Cosmetics Website. If you do not agree to the terms and conditions of this Terms of Use, please do not make any use of the Norkobe’s/It’s Your Face Cosmetics Website.

1. Your Acceptance

BY USING AND/OR VISITING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND CONSENT AND AGREE TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, WHICH ARE PUBLISHED AT WWW. NORKOBESBEAUTY.COM AND WWW.ITSYOURFACECOSMETICS.COM AND WHICH ARE INCORPORATED BY REFERENCE.

If you do not agree to any of these terms, then please do not use the Norkobe’s/It’s Your Face Cosmetics Website.

2. Website Access

  1. You may be required to register with Norkobe’s/It’s Your Face Cosmetics in order to access certain areas of the Site, for example, to purchase Norkobe’s/It’s Your Face Cosmetics products or otherwise initiate Transactions (as defined below). When creating your account, you must provide accurate and complete information. Norkobe’s/It’s Your Face Cosmetics may refuse to allow you to create an account using a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that Norkobe’s/It’s Your Face Cosmetics otherwise rejects for any other reason in its sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Norkobe’s/It’s Your Face Cosmetics Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Norkobe’s/It’s Your Face Cosmetics Website, to any third party. You are solely responsible for the activity that occurs on your account. You may never use another's account without permission. You must notify Norkobe’s/It’s Your Face Cosmetics immediately of any breach of security or unauthorized use of your account. Although Norkobe’s/It’s Your Face Cosmetics will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Norkobe’s/It’s Your Face Cosmetics or others due to such unauthorized use.
  2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the Norkobe’s/It’s Your Face Cosmetics servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Norkobe’s/It’s Your Face Cosmetics grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Norkobe’s/It’s Your Face Cosmetics reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Norkobe’s/It’s Your Face Cosmetics Website with respect to their User Submissions.

3. Rules of Conduct

As a condition to your continued use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. 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, you shall be liable for all the losses and damages that this may cause to Norkobe’s/It’s Your Face Cosmetics , our affiliates, partners or licensors.

By way of example, and not limitation, you agree not to:

  • Post, transmit, or otherwise make available through or in connection with your Norkobe’s/It’s Your Face Cosmetics Website:
    • Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
    • Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Norkobe’s/It’s Your Face Cosmetics in advance.
    • Any personally identifiable information of another individual, without the prior consent of such individual.
    • Any material, non-public information about a company, without the proper authorization to do so.
  • Use the Norkobe’s/It’s Your Face Cosmetics Website for any fraudulent or unlawful purpose.
  • Use the Norkobe’s/It’s Your Face Cosmetics Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the Norkobe’s/It’s Your Face Cosmetics Website.
  • Impersonate any person or entity, including without limitation any representative of Norkobe’s/It’s Your Face Cosmetics ; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Norkobe’s/It’s Your Face Cosmetics Website; or express or imply that Norkobe’s/It’s Your Face Cosmetics endorses any statement you make.
  • Interfere with or disrupt the operation of the Norkobe’s/It’s Your Face Cosmetics Website or the servers or networks used to make the Norkobe’s/It’s Your Face Cosmetics Website available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Norkobe’s/It’s Your Face Cosmetics Website.
  • Use the Norkobe’s/It’s Your Face Cosmetics Website to advertise or offer to sell or buy any goods or services for any business purpose, without Norkobe’s/It’s Your Face Cosmetics 's express prior written consent.
  • Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Norkobe’s/It’s Your Face Cosmetics Website.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Norkobe’s/It’s Your Face Cosmetics Website.
  • Remove any copyright, trademark or other proprietary rights notice from the Norkobe’s/It’s Your Face Cosmetics Website or materials originating from the Norkobe’s/It’s Your Face Cosmetics Website.
  • Frame or mirror any part of the Norkobe’s/It’s Your Face Cosmetics Website.
  • Create a database by downloading and storing Norkobe’s/It’s Your Face Cosmetics Website content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Norkobe’s/It’s Your Face Cosmetics Website content or reproduce or circumvent the navigational structure or presentation of the Norkobe’s/It’s Your Face Cosmetics Website without Norkobe’s/It’s Your Face Cosmetics 's express prior written consent.

4. Intellectual Property Rights

  1. The trademarks, service marks and logos, including of Norkobe’s/It’s Your Face Cosmetics which appear on the Website are registered and unregistered trademarks of Norkobe’s/It’s Your Face Cosmetics. Nothing contained on the Norkobe’s/It’s Your Face Cosmetics Website should be construed as granting any right, license or title to any of the Trademarks without the advance written permission of Norkobe’s/It’s Your Face Cosmetics. All rights are expressly reserved and retained by Norkobe’s/It’s Your Face Cosmetics. Any misuse of any of the Trademarks displayed on the Norkobe’s/It’s Your Face Cosmetics Website, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Norkobe’s/It’s Your Face Cosmetics considers its intellectual property to be among its most valuable assets, and will enforce the protection of its intellectual property rights as allowed by the law.
  2. Both the Norkobe’s/It’s Your Face Cosmetics Website and the content of the Site are provided "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 

 

 

5. User Generated Content

The Site may act as a venue, through its blogs and other forums (collectively, the "Blogs"), allowing the users of the Site to contribute information and make statements ("User Generated Content").  Norkobe’s/It’s Your Face Cosmetics is not involved in the actual transmission of User Generated Content provided for in the Blogs. As a result, Norkobe’s/It’s Your Face Cosmetics does not approve or endorse any User Generated Content in the Blogs, and you hereby acknowledge and agree that Norkobe’s/It’s Your Face Cosmetics has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity in the Blogs. You may find User Generated Content posted in the Blogs by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Blogs. Without limiting the generality of the foregoing, and although Norkobe’s/It’s Your Face Cosmetics does not regularly review User Generated Content provided for in the Blogs, Norkobe’s/It’s Your Face Cosmetics reserves the right, but not the obligation, to remove or edit any User Generated Content in the Blogs.

Transmissions, Submissions and Postings to the Site

If you transmit, submit or post information to the Site that is not Federally trademarked and/or copyrighted, you automatically grant Norkobe’s/It’s Your Face Cosmetics and its affiliates and assigns, the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the content posted.  Provided that you have obtained prior written permission from Norkobe’s/It’s Your Face Cosmetics to transmit, submit or post information to the Site that is Federally trademarked and/or copyrighted, you automatically grant Norkobe’s/It’s Your Face Cosmetics and its assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the content posted.

You shall not transmit, submit or post the following to the Site:

  • Information that infringes Norkobe’s/It’s Your Face Cosmetics ’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Norkobe’s/It’s Your Face Cosmetics or third parties or that infringes on Norkobe’s/It’s Your Face Cosmetics ’s or any third party’s rights of publicity or privacy;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
  • Information that is false, inaccurate or misleading;
  • Commercial advertisements or solicitations without written permission from Norkobe’s/It’s Your Face Cosmetics; or
  • Federally Trademarked and/or Copyrighted information without written permission from Norkobe’s/It’s Your Face Cosmetics.

Although Norkobe’s/It’s Your Face Cosmetics does not regularly review your transmissions, submissions or postings, Norkobe’s/It’s Your Face Cosmetics reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.  Pursuant to the Privacy Policy, Norkobe’s/It’s Your Face Cosmetics may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with these Terms of Use.

You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.

6. Third Party Links

There may be provided on the Site links to other websites belonging to Norkobe’s/It’s Your Face Cosmetics advertisers, business partners, affiliates, and other third parties.  Such links do not constitute an endorsement by Norkobe’s/It’s Your Face Cosmetics of those websites, nor the products or services listed on those websites.  Norkobe’s/It’s Your Face Cosmetics is not responsible for the activities or policies of those websites.  Norkobe’s/It’s Your Face Cosmetics does not endorse or recommend the products or services of any particular advertiser, business partner, affiliate or other third party.  Norkobe’s/It’s Your Face Cosmetics does not guarantee that the terms, prices or rates offered by any particular advertiser, business partner, affiliate, or other third party on the Site are the best terms, best prices or lowest rates available in the market. You acknowledge and agree that these third parties are solely responsible for any products or services they may provide to you and that Norkobe’s/It’s Your Face Cosmetics shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a third party’s products or services. 

7. Commercial Transactions 

If you wish to purchase any product or service or to make a payment to your Norkobe’s/It’s Your Face Cosmetics account through the Norkobe’s/It’s Your Face Cosmetics Website, you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the Norkobe’s/It’s Your Face Cosmetics Website will be treated by Norkobe’s/It’s Your Face Cosmetics Website in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

Norkobe’s/It’s Your Face Cosmetics reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Norkobe’s/It’s Your Face Cosmetics Website are subject to change without notice, and Norkobe’s/It’s Your Face Cosmetics shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Norkobe’s/It’s Your Face Cosmetics's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Norkobe’s/It’s Your Face Cosmetics Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

8. Warranty Disclaimer and Limitation of Liability

THE SITE AND ALL CONTENT, SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS.  NORKOBE’S/IT’S YOUR FACE COSMETICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.

CERTAIN THIRD-PARTY PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

9. Limitations on Norkobe’s/It’s Your Face Cosmetics's Liability

NORKOBE’S/IT’S YOUR FACE COSMETICS SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY COST, EXPENSE, LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NORKOBE’S/IT’S YOUR FACE COSMETICS AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THESE TERMS OF USE.

YOU SPECIFICALLY ACKNOWLEDGE THAT NORKOBE’S/IT’S YOUR FACE COSMETICS SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND NORKOBE’S/IT’S YOUR FACE COSMETICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

10. Indemnification of Norkobe’s/It’s Your Face Cosmetics

You shall defend, indemnify and hold harmless Norkobe’s/It’s Your Face Cosmetics and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Norkobe’s/It’s Your Face Cosmetics; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.

11. Acceptance of Terms of Use

It is our and your intent that these Terms of Use constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Norkobe’s/It’s Your Face Cosmetics Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Norkobe’s/It’s Your Face Cosmetics Website without the consent of your parent or guardian.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Norkobe’s/It’s Your Face Cosmetics without restriction.

13. Intended For United States Residents Only.

Norkobe’s/It’s Your Face Cosmetics controls and operates the Norkobe’s/It’s Your Face Cosmetics from its offices located in the State of Florida, U.S.A., and the Norkobe’s/It’s Your Face Cosmetics Website is not intended to subject Norkobe’s/It’s Your Face Cosmetics to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the Norkobe’s/It’s Your Face Cosmetics Website are presented solely for the purpose of providing services and promoting products available in the United States. Norkobe’s/It’s Your Face Cosmetics makes no representation or warranty that any Norkobe’s/It’s Your Face Cosmetics Website, in whole or in part, or any products, services, or materials made available through the Norkobe’s/It’s Your Face Cosmetics Website, are appropriate or available for use in other locations. Those who choose to access the Norkobe’s/It’s Your Face Cosmetics Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

If you have any questions regarding these Terms and Conditions, please contact us at Norkobes@hotmail.com