TERMS AND CONDITIONS
The use of this Site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this Site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Pocket Beauties™, a Division of Lyon Creative Services, Ltd., (herein referred to as Pocket Beauties™) indicates your acceptance of the terms and conditions. These terms and conditions shall supercede any subsequent terms and conditions included with any order, whether or not such terms or conditions are signed by Pocket Beauties™. Pocket Beauties™ reserves the right to make changes to this Site and these terms and conditions at any time without prior notice.
COPYRIGHT AND TRADEMARK NOTICE
The Site is owned by Lyon Creative Services, Ltd. Unless otherwise specified, all materials appearing on this Site, including text, Site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Lyon Creative Services, Ltd., Copyright ©2006, ALL RIGHTS RESERVED. All audio and video clips are sole property of Lyon Creative Services, Ltd., or their respective content providers. All intellectual properties, including but not limited to copyrights, trademarks, services marks or patents, used or referred to in this Site are sole property of their respective intellectual property right owners and protected under local, state, federal and international laws. All software used on this Site is the property of Lyon Creative Services, Ltd., or its software suppliers and is protected by local, state, federal and international laws.
You may use the content of this Site only for purposes of shopping on this Site or placing an order on this Site and for no other purpose. Permission is granted to electronically copy and to print in hard copy portions of this web Site for the sole purpose of placing an order with Pocket Beauties™, or using this web Site as a shopping resource. No materials from this Site may be otherwise copied, reproduced, modified, republished, uploaded, poster, transmitted, or distributed in any form or by any means without the prior written permission of Lyon Creative Services, Ltd. All rights not expressly granted herein are reserved. Any unauthorized use of the concept or materials appearing on this Site may violate copyrights, trademarks, services marks and other applicable laws and could result in criminal or civil penalties.
LIMITED LICENSES
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to:9i) frame or utilize framing techniques to enclose the Site or any portion thereof;(ii) modify or download the Site content (except caching or as necessary to view the Site;(iii) make any use of the site or content other than personal use; (iv) create any derivative work based upon either the Site or content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or Trademarks or to otherwise use the Trademarks; or (Vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, nonexclusive license to create a hyperlink to the home page of the Site for personal non-commercial use only. A website that links to the Site (i) may link to, but not replicate our images or 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 that is 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 objectional manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; 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 any page of the Site, and upon receipt of such request, you shall immediately remove such link.
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 (including our Privacy Policy), you shall b4e liable for all the losses and damages that this may cause to Pocket Beauties™ or Lyon Creative Services, Ltd., our affiliates, partners, suppliers, vendors or licensors.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE POCKETBEAUTIES.COM WEB SITE
All material and information presented by Pocket Beauties™ is intended to be used for educational and informational purposes only. The statements made about the products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, or prevent any condition or disease. Please consult your physician or healthcare provider regarding and suggestions or recommendations made at pocketbeauties.com.
The Pocket Beauties™ products and materials provided on the Site therein are provided “as is”. Lyon Creative Services, Ltd., or Pocket Beauties™ makes no representations or warranties, either expressed or implied, of any kind with respect to the PocketBeauties.com Site, their operations, contents, information, materials or compliance. Pocket Beauties™ and Lyon Creative Services, Ltd., expressly disclaim all warranties, expressed or implied, or any kind with respect to the Site or its use, including but limited to merchantability and fitness for a particular purpose. You agree that Pocket Beauties™ and Lyon Creative Services, Ltd., its directors, officers, employees or other representatives shall not be liable for damages arising from operation, content or use of the Pocket Beauties.com Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. In addition, you agree to indemnify, defend and hold harmless Pocket Beauties™ and Lyon Creative Services, Ltd., our subsidiaries, affiliates, officers, directors, agents and employees, from all liabilities, claims, demand and expense, including without limitation any attorney’s fees, due or arising from your misuse of this Site.
ACCURACY OF PRODUCT COLORS
While Pocket Beauties™ has tried to accurately display the colors of the products, the actual colors you see will depend on the color representation of your computer monitor and may not be accurate.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error in pricing or product information received from suppliers, Pocket Beauties™ shall have the right to refuse or cancel any orders placed for product listed at incorrect price. Pocket Beauties™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pocket Beauties™ shall immediately issue a credit to your credit card account in the amount of the charge.
MAXIMUM PURCHASE POLICY
Pocket Beauties™ must limit purchases to a maximum of $500 per customer.
RIGHT TO REFUSE ORDERS
Pocket Beauties™ reserves the right to refuse or fulfill any order for any reason whatsoever, including without limitation, based upon suspected fraud or unauthorized or illegal activity.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Pocket Beauties™ and Lyon Creative Services, Ltd., reserves the right at any time after receipt of your order to accept or decline your order for any reason. Pocket Beauties™ and Lyon Creative Services, Ltd., reserves the right at any time after the receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
SALES TAXES
Pocket Beauties™ and Lyon Creative Services, Ltd. Shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Arizona. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
APPLICABLE LAW, JURISDICTION AND VENUE
You agree that any legal action brought against Pocket Beauties™ or Lyon Creative Services, Ltd., shall be governed by the laws of the state of Arizona without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of orders made on the Pocket Beauties.com Site shall be an appropriate federal or state court located in Maricopa County, Arizona.
FEEDBACK
Pocket Beauties™ welcomes any and all feedback with respect to Pocket Beauties™, its web Site PocketBeauties.com, and/or the products sold by Pocket Beauties™. Any submissions made to Pocket Beauties™ become the property of Pocket Beauties™ and Lyon Creative Services, Ltd., and may be used in any manner whatsoever by Pocket Beauties™ and Lyon Creative Services, Ltd., at its sole discretion. We do however, have a policy to treat feedback submissions that you provide us as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting and submission, you hereby grant, non-exclusive, royality-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, broadcast, sell, assign, translate, create derivative works from, distribute and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of your submission, 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 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 false email addresses, 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 conjunction with any claims to any rights in any submission.
