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Website Terms and Conditions of Use
Access to and use of this site is provided by FM Cosmetics UK Limited (“FM Cosmetics”) subject to the following terms:
- By using this site you agree to be legally bound by these terms, which shall take effect immediately on your first use of the site. If you do not agree to be legally bound by all the following terms please do not access and/or use the site.
- FM Cosmetics may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by FM Cosmetics. Your continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use FM Cosmetics website content in any way except for your own personal non-commercial use or for FM Cosmetics Distributors in connection with the promotion of their FM Cosmetics business. You also agree not to adapt, alter or create a derivative work from any FM Cosmetics website content except for your own personal use or in the case of FM Cosmetics Distributors to promote their FM Cosmetics business. Any other use of FM Cosmetics website content requires the prior written permission of FM Cosmetics.
- You agree to use this site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person or transmitting obscene or offensive content.
- FM Cosmetics website content, including the information, names, images, pictures, logos and icons regarding or relating to FM Cosmetics, its products and services (or to third party products and services), is provided without any representations and without any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- Under no circumstances will FM Cosmetics be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the FM Cosmetics website regardless of the form of action.
- FM Cosmetics does not warrant that functions contained in the FM Cosmetics website content will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.
- The names, images and logos identifying FM Cosmetics or third parties and their products and services are subject to copyright, design rights and trade marks of FM Cosmetics UK Limited and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of FM Cosmetics UK Limited or any other third party.
- Where you are invited to submit any contribution to the FM Cosmetics website (including any text, photographs, graphics, video or audio testimonial) you agree, by submitting your contribution, to grant FM Cosmetics a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in FM Cosmetics’ Privacy Policy.
- Further to paragraph 9, by submitting your contribution to FM Cosmetics, you:
- 10.1 warrant that your contribution:
- is your own original work and that you have the right to make it available to FM Cosmetics for all the purposes specified above;
- is not defamatory; and
- does not infringe any law; and
- 10.2 indemnify FM Cosmetics against all legal fees, damages and other expenses that may be incurred by FM Cosmetics as a result of your breach of the above warranty; and:
- 10.3 waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.
- If there is any conflict between these terms and specific terms appearing elsewhere on the FM Cosmetics website then the latter shall prevail.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by FM Cosmetics.
- FM Cosmetics reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
- These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
- No delay or failure by FM Cosmetics to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of FM Cosmetics.
- These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and FM Cosmetics relating to the use of this website and sets forth the entire agreement and understanding between you and FM Cosmetics for your use of this website.
- These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
The FM Cosmetics website is operated by FM Cosmetics UK Limited 7 Norbreck Parade London NW10 7HT VAT No. GB872626894 We recommend you print out a copy of these terms and conditions for your future reference. |
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