Eligibility to Use Site
You represent and warrant that you (a) are of legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site, (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or place an order on this Site. If we believe or suspect that any of your information is falsified, inaccurate, not current or complete, we may deny or terminate your access to the Site or Site Services and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and MCC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted).
Communication & Transmitting Material
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MCC cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, DO NOT post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Site.
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site is prohibited.
Our Right to Use User Content
No Endorsement of User Content
MCC does not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
MCC has no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public.
We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions.
Third Party Links
You may be able to link to third party Websites, services or resources on the Internet from MyCosmeticCounter.com. The links are meant to enable access to publicly available information to those who are allowed to the Site only. We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites. MCC makes no representations whatsoever about any other web sites which you may access through the Site. When you leave the Site, please understand that MCC has no control over the content on that web site. Additionally, a link to a non-MCC web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site.
MCC makes no representation or warranty as to any third-party products or services. In no event whatsoever shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. No rights to use or copy the information on this or the third-party site are granted or implied.
This Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
The Site is provided on an “AS IS,” “as available” basis. Neither MCC nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “associates”) warrant that use of the Site will be uninterrupted or error-free. Neither MCC nor its associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, MCC makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. MCC specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by MCC, nor its associates, shall create a warranty. You expressly agree that use of the Site is at your sole risk.
Under no circumstances shall MCC or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of terrorism, acts of God, communications failure, theft, destruction or unauthorized access to MCC records, programs or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of MCC has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
The MCC logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by MCC and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.