Giovanni Cosmetics, Inc.
Terms of Use
1. Terms of Use
This page states the terms on which you may use our website www.giovannicosmetics.com (“our site”). Please read these terms before using the site. Using our site is voluntary by you. By using our site, you accept and agree to abide by these terms. If you do not agree, or if anything is not in these terms that you consider essential, you can choose to not use our site.
You can use this site to obtain information about us and our products and you can order and buy products from us at this site.
2. About Us
We are Giovanni Cosmetics, Inc. (referred to as “we,” or “us” or “our”). Our address, which is a way to reach us as an alternative to using our site, is Giovanni Cosmetics, Inc., Post Office Box 6990, Beverly Hills, California 90212 USA.
3. Accessing Our Site
Access to our site is permitted on a temporary basis. We reserve the right to modify or end any functionality we provide on our site at any time, without notice. We will not be liable if for any reason our site is unavailable for any period, whether or not the unavailability was in our control. From time to time, we may restrict access to parts of our site, or our entire site.
You must use our site only according to our acceptable use policy in section 4 below and all the other terms of use
You are responsible to make any arrangements needed for you to access our site and to ensure that all persons who access our site through your internet connection are aware of these terms, and comply with them.
4. Other Terms
If a separate agreement between you and us concerns use of our site, specifically entered into (that is, signed by both parties, not a set of terms you make applicable as a general matter), then in a conflict between terms of that agreement and these terms of use, that agreement will control. General terms you may use are valid between you and us only if we expressly agree to them by signing an instrument containing them.
5. Acceptable Use Policy
(a) You may use our site only for lawful purposes. You must not use our site:
(i) any way that violates a federal, state or local law or regulation;
(ii) any way that is unlawful or fraudulent, or with unlawful or fraudulent purpose or effect;
(iii) to harm or try to harm any minor or any person in any way;
(iv) to send, receive, upload, download, use or re-use any material which does not comply with these terms of use;
(v) to transmit, or procure sending of, unsolicited or unauthorized advertising or promotion material or any form of solicitation (spam);
(vi) to transmit, send or upload any data or material that contains any virus, trojan horse, worm, time-bomb, logic-bomb, keystroke logger, spyware, adware or any malicious or harmful program or computer code whether designed to invade, hurt, disrupt or misuse the operation of any software or hardware or system;
(vii) in any way that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through the site.
(b) You may establish only one user account.
(c) Your account is not transferable to anyone else.
(d) You agree not to reproduce, duplicate, copy, re-sell or purport to re-sell any part of our site, and not to access without authority, interfere with, damage or disrupt any part of our site or any software used in our site or equipment or network or software owned or used by any third party.
If we determine that a breach of this acceptable use policy may have occurred through your use of our site, we may take whatever action we deem appropriate.
Violating this acceptable use policy is a breach of these terms and may result in us blocking your access to our site, legal action and exercise of all available rights and remedies.
6. Information You Provide
You assure us that all information you provide us about you, your purchase, your payment method and any other information, is true, complete and correct. We reserve the right, but we do not have any obligation, to take, and you consent to us taking, steps to verify information or data you provide. You agree to keep us informed of any changes and updates to information you provide us or that you are aware we may have about you.
7. Responsibility to Protect Account Information
You are responsible to keep confidential the information regarding an account you establish with us, also including your user name and password. You are responsible for any misuse or abuse of your account. You must tell us immediately in writing through our email address, if there is reason to believe your information has been compromised or that your account is being misused.
8. Ownership
All or substantially all content in our site is owned by or licensed to us and is protected by United States and international copyright laws. This includes text, images, artwork, sound, and all other content, elements and aspects of our site. We retain all rights to the contents of our site. The contents of our site may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from us.
You must not infringe any intellectual property rights or use any part of the materials on our site for any commercial purpose without getting a license or permission in writing from us. You must not use any of our trademarks or trade names without our written consent.
If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will end immediately and you must, at our option, return or destroy any copies of materials you made.
9. Disclaimers and Limitations of Liability
(a) THE CONTENTS OF OUR SITE ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY CONTENT, OR ACCESSIBILITY OF OUR SITE. AS EXAMPLES, WE DO NOT WARRANT THAT ACCESS WILL BE AVAILABLE ALL TIMES, OR WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC OR OTHER ERRORS; OR THAT OUR SITE OR ANY SERVER IS FREE FROM VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER CONTENT OR ELEMENTS THAT ARE MALICIOUS OR HARMFUL OR FREE FROM DELAY OR FAILURE TO PERFORM WHETHER DUE TO OR CAUSED BY FACTORS WITHIN OR BEYOND OUR CONTROL.
(b) YOU AGREE THAT WE AND OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISCLOSURE OF PRIVATE INFORMATION; PROPERTY DAMAGE OR LOSS, OR INJURY OR DAMAGE OR LOSS OF OR LOSS OF USE OF ANY PROPERTY OR DEVICE OR LOST REVENUE, INCOME OR PROFIT ARISING FROM YOUR USE OF OUR SITE OR PRODUCT, EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY US AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT WE ARE UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE THIS SITE AND/OR OUR PRODUCT.
(c) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO (A) THESE TERMS, (B) CONTENT ON THIS SITE, (C) ANY PRODUCT YOU OBTAIN THROUGH THIS SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
(d) In no event shall our total liability to you for all damages exceed $125 U.S. Dollars. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
(e) TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, AGREE TO AND RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THIS SITE; (B) PRODUCTS YOU OBTAIN THROUGH THIS SITE; (C) INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THIS SITE; (D) USE OR EXPOSURE OR RELEASE OF INFORMATION YOU PROVIDED US THROUGH THIS SITE;
These terms of use do not affect your statutory rights as a consumer.
10. Indemnity
You agree to indemnify, defend and hold harmless us and our employees, representatives and agents from and against any claims, actions, demands or other proceedings brought against any of us, our employees, representatives or agents, by a third party, to the extent such claim, suit, action or other proceeding is based on or arises in connection with:
(a) infringement by you of our rights in our website or content; or
(b) libel, slander, disparagement or defamation by you related to use of our site; or
(c) misuse of our site by you or use of our site in breach of these terms of use.
11. Information About You; Information You Provide
We collect, store, use and otherwise process information about you, seeking to do so in accordance with our privacy policy. To see our privacy policy please click here. By using our site, you consent to our collection, storage, use and processing. You warrant that all information and data you provide is true and accurate.
12. Transactions Concluded Through Our Site
Your purchase of merchandise or service through our site or through your visit to our site, are also subject to these terms and conditions.
13. Viruses, Hacking and Other Offences
You must not misuse our site by introducing any virus, trojan horse, worm, time-bomb, logic bomb, keystroke logger, spyware, adware or other material which is malicious or harmful. You must not try to gain or actually gain unauthorized access to our site, any server or other facility on which our site or its elements are stored or any server, computer, database or other facility connected to our site. You must not attack our site by a denial-of-service attack or distributed denial-of service attack or similar kind of activity.
We are not liable for loss or damage caused by a distributed denial-of-service attack, virus or other harmful material that may infect your device, equipment, program, data or other proprietary material due to your use of our site or to your downloading any material posted on our site, or on any website linked to our site.
14. Linking to Our Site
You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or make unauthorized or unlawful use of our property and/or content. Your link must not suggest or imply any association, approval or endorsement by us.
You must not establish a link from any website not owned by you. You must not frame our site on another site. You must not create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. You must comply with any request by us to remove the link or delink. The website from which you link must comply in all respects with the content standards in our acceptable use policy in section 4 above.
If you wish to use material on our site other than stated in these terms, please address your inquiry to us at info@giovannicosmetics.com or our mailing address shown in these terms.
15. Links from Our Site
If at any time our site provides a link to any third party(s) sites, the link(s) are provided for information only. We do not control the contents of those sites, and accept no responsibility for them or for loss or damage that may arise from your use of or accessing them.
16. Content or Copyright Complaints
(a) We seek to respect intellectual property of others. If you believe any content in our site may infringe your copyright or other rights, please provide our copyright agent the following information:
(i) electronic or physical signature of person authorized to act on behalf of owner of claimed copyright;
(ii) description of copyrighted work you claim is infringed;
(iii) location and description in our site where the material is located that you claim is infringing;
(iv) your name, address, phone number and e-mail address;
(v) statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
(vi) statement by you, under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on our site is:
DMCA Copyright Agent
Giovanni Cosmetics, Inc.
P.O. Box 6990
Beverly Hills, California 90212
Email: info@giovannicosmetics.com
17. Changes
We may edit, update, add to, remove and otherwise change content or functionality of our site at any times. We may suspend access to all or parts of our site. We are not obligated to take these actions. So any content on our site could be out of date at any time. We may revise these terms of use at any time. You should check this page from time to time to note any changes we made, as they are binding on you. Some provisions in these terms may be superseded by provisions or notices published elsewhere on our site.
18. Waiver and Severance
No failure or delay by us to exercise any right or remedy provided under these terms of use or by law shall waive that or any other right or remedy, nor preclude or restrict our further exercise of that or any other right or remedy.
If any provision of these terms of use (or part of any provision) is held to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and severed, and the validity and enforceability of the other provisions of these terms of use shall not be affected.
19. Location
We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible to comply with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the state, territory or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country on which the U.S. has placed an embargo or other applicable restriction, including without limitation (at June 2018), Crimea – Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria; (b) by anyone in the U.S. Treasury Department’s Specially Designated national list, (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders; or (d) from or to any other place or anyone else, in violation of a restriction established by any department of the U.S. government. You represent and warrant that you are not in, or under the control of, or a national or resident of any such country or on any such list.
20. Solving Any Dispute
Any claim or dispute between you and us will be submitted to final and binding arbitration administered by JAMS before a single arbitrator according to the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, according to the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “JAMS Rules”), except to the extent the JAMS Rules are inconsistent with this Agreement or the class action waiver described below. Arbitration shall be conducted in Los Angeles, California. The arbitrator shall have no authority to amend or modify these terms of use. Arbitration shall be conducted on an individual basis and without representation or joinder of other persons or entities. Arbitration shall not be on a class action or class wide basis. Judgment on the award may be entered in any court having jurisdiction. This provision for arbitration shall not restrict a party from requesting provisional relief in court and a request for provisional relief shall be deemed not to be a waiver of arbitration. The arbitrator shall issue a reasoned written decision stating the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it. The prevailing party in arbitration shall be entitled to recover reasonable attorney’s fees and other costs and expenses incurred in the arbitration and any related action or proceeding.
21. Law and Forum
We are located in Los Angeles, California. These terms of use will be interpreted and construed according to California law applicable to agreements entered into and to be performed entirely within California and thus excluding and without regard for conflict of law provisions.
22. Time Limit for Bringing Claims
Any cause of action or claim you may have arising out of or relating to these terms of use or the website or our product must be commenced within one (1) year after the claim or cause of action accrues, otherwise, the claim or cause of action is permanently barred.
23. Waiver
Our failure or delay of enforcing any of these terms of use shall not be a waiver of our right later to enforce each and every term of these terms of use. Any waiver by us on any one or more occasions will not be construed to be a waiver of any succeeding or other breach.
24. Third Party Beneficiaries
Our affiliates are intended to be third party beneficiaries of the provisions of these terms of use, each with the right to enforce these terms of use.
25. Other Provisions
If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions. The underlined headings in these terms are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these terms. These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
26. Contacting Us
You may contact us by sending an e-mail to info@giovannicosmetics.com, or writing to us at Giovanni Cosmetics, Inc., Post Office Box 6990, Beverly Hills, CA 90212 for all questions. If you have any concern about the site or these terms, please send an e-mail or write to us at the above address. We’ll make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention. We do not assure that we will be able to do so.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Effective June 2018
Copyright 2018 Giovanni Cosmetics, Inc.
All Rights Reserved.