Terms and Conditions
The following Terms and Conditions are entered into by and between You and Cosmetic Enchantress (“Company”, "us", "we", or "our") which owns and operates http://www.cosmeticenchantress.com (the "Site").
By visiting www.cosmeticenchantress.com, you are consenting to our Terms and Conditions. By using www.cosmeticenchantress.com, referred to as this “Site”, all visitors, referred to as “user,” “you,” and “your, ” are bound by these Terms and Conditions.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), are a binding agreement and govern your access to and use of the Site including any content, product, functionality, and services offered or purchased on or through the Site.
Please read these Terms and Conditions carefully before you start using the Site.
By visiting and using the Site or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms and Conditions and any documents incorporated herein by reference. If you do not agree with these Terms and Conditions, you must cease usage of the Site, or any related services, immediately.
This Site is intended for individuals who are 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions.
By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.
Content
All information on this Site, including any and all copyrights, trademarks, design rights, and other intellectual property rights related to the content and work product on this Site, are owned by CosmeticEnchantress.com, with the exception of the content you submit to us set forth in the section below.
The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.
The reproducing in any format (including on another website) of any part of our Site (including content, images, and designs) without our prior written consent is strictly prohibited.
Requests for prior written consent should be addressed to the following email: https://www.cosmeticenchantress@gmail.com.
You may provide links to our Site as long as
1. You clearly give credit to us as the author,
2. Include a hyperlink to our Site,
3. You do not remove or obscure any portion of our Site by framing or otherwise,
4. Your website does not engage in illegal or pornographic activities,
5. Provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not provide links in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.
You must not provide links from any website that is not owned by you.
You must cease providing links to our Site immediately upon our request.
Reliance on Content
The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.
Please refer to our Disclaimers for further information.
Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.
Content You Submit to Us
You may be provided with the ability to upload, display, post, transmit, send, email, or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).
You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.
You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.
You represent and warrant that
• the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
• the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person,
• the content you submit to us does not result in a breach of contract between you and a third party,
• the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.
You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark, or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.
No Warranties
We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect, or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You expressly acknowledge and agree that our company its directors, employees, or agents shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.
Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of this Site, violate any law in your Jurisdiction.
You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable, or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms and Conditions may subject you to civil and/or criminal liability.
Comments
When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site.
For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance with our Privacy Policy.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you leave a comment on our Site, you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
Your comment may be checked through an automated spam detection service.
You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive, or otherwise objectionable or in violation of intellectual property laws or these Terms and Conditions.
Privacy Policy
While using the Site, you may provide certain personally identifiable information, such as your name, email address, IP address, and other personal information. You must not impersonate someone else or provide account information or an email address other than your own.
We process information about you in accordance with our Privacy Policy.
By using our Site, you consent to such processing; you warrant and agree that any registration, billing information, and/or all data provided by you is accurate, correct, and up to date.
Links to Third-Party Sites and Services
This Site may from time to time contain links to third-party sites and services, and/or resources.
You acknowledge and agree that we are not responsible, have no control over, and assume no responsibility for the content, practices, availability, accuracy, or policies of any third-party Sites, or resources, or for any loss or damage that may arise from your use of them.
We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms and Conditions.
Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Embedded Content From Other Sites
Content on this Site may include embedded content (e.g. videos, images, articles, etc.).
Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.
These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site
Affiliate Links
We may have a financial relationship with some of the merchants we mention.
This Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Our editorial content, including the opinions we express on products, services, and merchants, is not influenced in any way by advertisers or affiliate partnerships.
We only endorse products, services, and merchants that we have personally used/tested and consider of the highest quality standard.
Please refer to our Affiliate Disclosure for further information.
Intellectual Property
The Site and Service contain intellectual property owned by Angela Field, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Company / www.CosmeticEnchantress.com, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be transmitted, copied, reproduced, given away, or used to create derivative works without our expressed written permission.
When using the Site, purchasing a digital product or course from the Site, or downloading digital products free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.
You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:
- modify, copy, reproduce, publish or sell the materials;
- distribute, display, perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without written consent.
- use the materials for any commercial purpose;
- decompile or reverse engineer;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person;
- create derivative works based on the materials;
- offer any competing products based upon the materials.
We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
Confidentiality
You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms and Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses, and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.
Online Commerce
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant.
You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant, or us that specifically apply to your purchase.
For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Digital Products
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company.
When purchasing a product through the Site, you agree to the payment of the purchase price listed on the Site for the Product (the 'Purchase Price').
Payment of the Purchase Price may be made through a Payment Gateway Provider such as Stripe, PayPal, Google Pay, etc. In purchasing a product through the Site, you warrant and represent that you agree to be bound by the applicable Terms and Conditions, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Provider.
Once the purchase is completed, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.
If you have purchased a digital product, enrolled in a course, or joined a membership directly on our Site and you are not pleased with your purchase, we may, at our sole discretion, refund your purchase price within thirty (30) days of your purchase, provided that receipt or alternative proof of purchase is produced.
If you wish to request a refund, you must provide your receipt or alternative proof of purchase and the reason for your request within thirty (30) days of your purchase by sending written notice to Cosmetic Enchantress, 2200 Simpson Ave., Hoquiam WA 98550 or by email at cosmeticenchantress@gmail.com
Where the refund request is accepted, we will issue a refund in a timely manner.
When issuing a refund, if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse.
Please allow 10 business days for the funds to be transferred.
Governing Law
These Terms of Use and any dispute or claim arising from or in connection with them shall be construed in accordance with, and governed by, the laws of the State of Washington and the United States.
Mandatory Arbitration Clause and Class Action Waiver for Website Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY.
In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally by good faith negotiation between parties to this Agreement. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Grays Harbor County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Washington. The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.
Indemnification
You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates harmless and free from and against any and all legal claims, demands, liability, loss, damages, settlements, assessments, expenses, costs, charges, as well as third party claims and causes of action, including without limitation, reasonable attorney fees, court costs, and other legal expenses, which may arise from, or relate to your violation of these Terms and Conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property, or other rights of any person or entity. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Release of Claims
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Amendments
We reserve the right to revise or impose new Terms and Conditions at any time by amending this page.
All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.
By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Site.
Entire Agreement; Modification
These Terms and Conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede, and replace all prior or contemporaneous oral and written agreements relating to the subject matter hereof.
No portion or provision of these Terms and Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled, or terminated orally or by any course of dealing, or in any manner other than upon written notice.
Counterparts
These Terms and Conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original, and all of which taken together shall constitute one and the same Terms and Conditions.
Assignment
Neither these Terms and Conditions nor any of the rights, interests, or obligations granted hereunder shall be assigned, sold, leased, delegated, or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Any transfer, assignment, or delegation by you is invalid. Subject to the foregoing, these Terms and Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.
Severability
Any provisions of these Terms and Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such condition, the remainder of these Terms and Conditions shall continue in full force and shall be enforced to the maximum extent possible.
In other words, If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
No Waiver
The failure to exercise any right, power, or remedy provided under these Terms and Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
These Terms constitute the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.
Headings and Captions
The headings and captions in these Terms and Conditions are included for the convenience of reference only and in no other way define, limit, or delineate any of the provisions hereof or otherwise affect their construction or effect.
Force Majeure
Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
Termination
We reserve the right to terminate your rights under these Terms and Conditions without notice if you fail to comply with any of these Terms and Conditions.
If you have any questions or concerns regarding these Terms of Service please email: CosmeticEnchantress@gmail.com