Effective Date of Current Policy: 02/10/2015
Thank you for coming to www.Stowawaycosmetics.com (the "Site"). Stowaway Cosmetics, Inc. (which does business as Stowaway Cosmetics), operates the Site and provides services through the Site, herein referred to as "Stowaway Cosmetics", "we", or "us". The Site and services available through the Site are collectively the "Services"
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. If you are under 18 years old and would like to use the Services, you may, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult is the user and is responsible for any and all activity. Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
Account Registration & Orders
You can maneuver most of the Services without creating a user account ("Account"). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You can share a good book, a nice walk, or even a bottle of wine. You should not, however, share your Account information (or probably your mascara). You may never use another person's Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. You can always delete your Account by emailing usat hi@Stowawaycosmetics.com.
Payment: After you have made your selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don't have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, email us at hi@Stowawaycosmetics.com.
Risk of Loss: The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
Purchase Limits: We want to give all our customers an opportunity to buy our products. Therefore, we do not authorize the purchase of commercial quantities of our cosmetics, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms.
Language: Presently, our order process only supports the English language.
All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Stowaway Cosmetics or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall "look and feel" of the Site and Services (collectively the "Marks") are proprietary to Stowaway Cosmetics, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at legal@Stowawaycosmetics.com.
We give you a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don't think you would need to do much else, so this license only gives you the rights we expressly stated in this section.
This license does not permit you to do any of the following:
Resell or make any commercial use of the Services or any of the Service content; modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser; copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including—but not limited to—electronic, mechanical, photocopying, recording or otherwise; use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to "crawl" or "spider" any page of the Services or to collect any information from the Services or any user of the Services; or harvest or scrape any content from the Services.
License You Grant to Us
You may see areas on the Services where you can post information or communicate with us or other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. You will maintain all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.
We do not own any of your content, although by providing content to us, you may grant us a license to use it, as we'll discuss here. When you submit, distribute, transmit, or post any communications or any other material to Stowaway Cosmetics (either through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores, such as when you take pictures in our store photo booths. This is collectively "User Content"), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Stowaway Cosmetics to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Stowaway Cosmetics a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don't agree to these conditions, then please don't provide the materials to us.
Representations About Content You Submit
When you submit User Content, you represent and warrant you hold all necessary right, title, and license to such materials; that your submission of such materials to Stowaway Cosmetics does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and all User Content you provide is accurate, complete, up-to-date, and not. In addition, any User Content must not include any profanity or obscene, indecent, or pornographic material; contain any unauthorized or unsolicited advertising, such as spam (no one likes spam); contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; impersonate any person or entity; or include anyone's identification documents or sensitive financial information.
Digital Millennium Copyright Act
If we believe a user may be infringing upon someone's intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person's access rights. If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below): a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, e-mail address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by calling emailing email@example.com, or writing Stowaway Cosmetics, 1 State St, FL 25, New York, NY, 10004, USA.
Private vs. Non-private Content
Third-Party Content and User Content
You may see various content on the Services. Some of this content will come from other users or sources outside of Stowaway Cosmetics. All content, including User Content and third-party content, is the responsibility of the party that creates it. Stowaway Cosmetics does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Stowaway Cosmetics. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you. We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Stowaway Cosmetics will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Stowaway Cosmetics or another party provides it.
1. You understand and agree that we have no control over, and no duty to take any action regarding: which users access the Services; what content you access via the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of your exposure to the content.
2. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
3. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STOWAWAY COSMETICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY STOWAWAY COSMETICS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, STOWAWAY COSMETICS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STOWAWAY COSMETICS OR ANYONE REPRESENTING STOWAWAY COSMETICS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR STOWAWAY COSMETICS'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STOWAWAY COSMETICS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
The laws of the State of New York will govern these Terms and the relationship between you and Stowaway Cosmetics as if you signed these Terms in New York, without regard to New York state's conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and Stowaway Cosmetics and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation. You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect. If we do not enforce any part of these Terms, we do not give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.