Effective Date: December 20, 2009
MAC COSMETICS MIDDLE EAST ONLINE WEBSITE TERMS AND CONDITIONS
Welcome to our MAC COSMETICS Middle East Online website, currently located at www.maccosmetics-me.com ("MAC COSMETICS Middle East Site" or the "Site"). MAC COSMETICS Middle East Online provides the content and services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
2. Product Descriptions
We attempt to be as accurate as possible when describing products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete or error-free. With respect to such product descriptions, MAC COSMETICS Middle East Online undertakes to eliminate from the Site, as soon as practicable, incorrect information or to replace such information with correct information.
3. Intellectual and Industrial Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of MAC COSMETICS Middle East Online, our "Affiliates", our partners or our licensors, and is protected by copyright laws. An "Affiliate" is a person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, our company.
The trademarks, logos, service marks, industrial drawings and any other signs, designations or symbols which may be used for industrial or commercial purposes and which are displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of MAC COSMETICS Middle East Online, our Affiliates, our licensors or our partners, in the United States and other countries, and are protected by trademark and industrial property laws.
Except as set forth in the limited license in Section 4 below, the Site (in whole or in part), the Content and the Trademarks may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching or as necessary to view content); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose a burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site for personal, non-collective and non-commercial use only. A website that links to our Site (i) may link to our home-page only, and may not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site automatically and immediately terminates the limited license set forth in this Section 4 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
5. Obligations and Responsibilities of the User
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 contained on the Site. You shall act always in accordance with the law, custom and the requirements of good faith, using the diligence suitable for the nature of the information, statements or any content or services from which you benefit.
You may not make any change or alteration in the information, statements or any other content or services that may appear on this Site and you 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 MAC COSMETICS Middle East Online and its Affiliates.
6. Third Party Links
We are not responsible for the content of any off-Site pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our Affiliates or our partners of the referenced content, product, service, or supplier. We may, in our sole discretion, remove from time to time any links from our Site. Your linking to or from any off-Site pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites that you visit.
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us including via a chat, blog, bulletin board or any other forum for discussion or comment on this Site (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or, if permitted by applicable law, hereafter developed, alone or as part of other works for the entire duration of the applicable intellectual property right. Under no condition will you ever object to MAC COSMETICS Middle East Online or its Affiliate’s exploitation of the Submission in any form, media or technology later developed. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that your Submission is true and that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
8. User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 7 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
9. Copyright Complaints
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.
Our Designated Agent for notice for claims of copyright infringement is SABA & Co. IP – UAE Office, Al Rostamani Bldg., 4th Floor, Al Ittihad Street, Deira, P.O. Box 42259. Dubai, United Arab Emirates. Telephone: 971 4 295 9651. Email: firstname.lastname@example.org.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MAC COSMETICS MIDDLE EAST ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO email@example.com.
10. Representations and Warranties; Limitation of Liability
BY OFFERING THIS SITE, MAC COSMETICS MIDDLE EAST ONLINE DOES NOT UNDERTAKE ANY KIND OF COMMERCIAL TRANSACTION WITH THE USER. THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) OBLIGATION TO MONITOR OR TO VERIFY THE INFORMATION, STATEMENTS OR ANY OTHER CONTENT OR SERVICES OF THE OTHER WEBSITES THAT MAY BE ACCESSED THROUGH THE HYPERLINKS EXISTING ON THE SITE; (g) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; OR (h) EVENTS BEYOND OUR CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD100.00). BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold us harmless for any loss, damages or costs, including attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States and the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Dubai, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to an appropriate court or other judicial body in Dubai, as applicable, without prejudice to the applicable law and all applicable provisions of this Section 12, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by announcing and posting the changes on the Site. Any changes are effective immediately upon posting to the Site and your continued use of the Site constitutes your agreement to all such modified Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions, to the fullest extent permitted by applicable law. You shall comply immediately with all termination or other notice, including especially, as applicable, by ceasing all use of the Site. These Terms and Conditions were last updated on December 20, 2009.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us by e-mail at firstname.lastname@example.org.
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