Last Modified: 10.09.2019
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Alima Cosmetics collectively. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Alima Cosmetics.
All Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of our Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
For policies related to orders placed through our Site (such as order processing, shipping and handling, returns and exchanges), please visit our Help section.
All comments, feedback, postcards, suggestions, ideas, and other submissions (including any audio or video recordings, and still images) disclosed, submitted or offered to Alima Cosmetics on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments") shall be and remain the property of Alima Cosmetics. You hereby assign all worldwide rights, titles and interests in all copyrights and other intellectual properties in and to such Comments to Alima Cosmetics. Thus, Alima Cosmetics will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. You represent and warrant that no Comments submitted by you to the Site will violate any third party right, including copyright, trademark, trade secret, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make or submit.
- You will not use any robot, spider, computer script or other means to access, retrieve, scrape, data mine or index any portion of the Site;
- You will not take any action on the Site in any manner that is designed to interfere, disrupt, damage, disable, overburden or limit the functionality or performance of any software, hardware, telecommunications equipment or the Site, including without limitation submitting any virus, trojan horses, worms, or any other program or code;
- You will not circumvent or modify the Site security technology or software;
- You will not use automated scripts to collect information from, or otherwise interact with, the Site;
- You will not impersonate any person or entity (including merchants) or misrepresent yourself, your age or your affiliation with any person or entity;
- You will not attempt to use another user’s account, username or password; and
- You will not “stalk,” intimidate, abuse, harm or harass any other user of the Site.
If we believe that you have engaged in any of these prohibited activities, we may, at our sole discretion, bar your access to the Site; remove your Comments; and/or seek legal remedies against you.
Links to other websites and services
To the extent that this Site contains links to outside services and resources, the availability and content of which Alima Cosmetics does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Eligibility – Users under 18
The Site may provide services and features that are available for use on certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.
We control and operate the Site from our offices in the United States. We do not represent that any content displayed on the Site is lawful or available for use in locations outside the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk.
Copyright Notice and Takedown
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at email@example.com.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Alima Cosmetics products are not intended to diagnose, treat, cure, or prevent any disease or condition. Any attempt to treat a medical condition should be supervised by a qualified medical professional. You are responsible for ensuring that our products are suitable for your own needs and are used correctly. This includes avoiding products that include ingredients to which you are intolerant, sensitive or may react.
Limitation of Liability
ALIMA COSMETICS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE WEBSITE CONTENT; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; OR (IV ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF OUR OTHER SERVICES. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITES AND/OR CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.
You acknowledge, by your use of the Site, that you assume responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Alima Cosmetics shall not be liable for any economic damages related to your use of this Site.
You agree to defend, indemnify and hold Alima Cosmetics harmless from and against any and all claims, actions, proceedings, economic damages, penalties, costs and expenses, including attorney's fees, arising from or related to your use of the Site. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE SITE AND/OR CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD. RESOLVING DISPUTES
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
(1) Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadr.com.
(2) Send three copies of the demand for arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the demand for arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Alima Cosmetics will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Alima Cosmetics will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Multnomah County, Oregon, or any other location we mutually agree to, subject to Oregon law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Alima Cosmetics in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ALIMA COSMETICS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
CHOICE OF LAW/FORUM SELECTION.
Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: firstname.lastname@example.org.
Social Media License Terms
PLEASE READ THESE SOCIAL MEDIA LICENSE TERMS (“TERMS”) CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS. WHEN YOU USE THE HASHTAG #YESALIMAPURE WHETHER ON YOUR OWN INITIATIVE OR IN RESPONSE TO A REQUEST FOR PERMISSION FROM ALIMA PURE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Rights You Grant to Alima Pure
You hereby grant to Alima Cosmetics, Inc. (“Alima Pure” “us” “we”) a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sub-licensable right and license to use any and all Content you
submit or provide to us (each a “Submission”). You agree that this license includes our right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content on any of Alima Pure’s social media accounts, on any digital platforms of Alima Pure (including websites and e-mail), and on third-party websites for any purpose, including for promotional, publicity and paid advertising purposes. If you delete or edit the applicable Submission after agreeing to these Terms or if you later restrict or make the Submission non-public, these Terms will remain in effect with respect to the Content. Any reference to “Content” in these Terms, means any social media content, including without limitation, photographs, text, user name, handle, artwork, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) associated with a Submission.
2. Our Commitments
You understand and agree that we do not have any obligation to post, publish, or otherwise feature the Content in any media. However, if we do so, we may, in our sole discretion, elect to remove the Content at any time and without providing notice to you. You understand and agree that you will not be paid by us for our use of the Content pursuant to these Terms. However, we may, in our sole discretion, decide to provide you with a promotional item (for example, a discount or merchandise). You agree that any promotional item that may be provided to you will be a gift from us and will not represent compensation in any manner for the Submission.
3. Your Commitments
You represent and warrant that: (1) you own or have all necessary licenses, rights, consents, and permissions (including, but not limited to, the right to use names, images, and likenesses of any third party referenced or appearing in the Content) to grant Alima Pure the license and rights set forth in these Terms; (2) you and any person whose image appears in the Content are 18 years of age or older; (3) the Content is in compliance with all terms and conditions of any third-party website or application on which you post the Submission; and (4) you will not provide any Content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, disparaging of Alima Pure or any other brand or individual, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, gender-identity, or age. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you also agree to inform us of any material connections you may have with Alima Pure or other third-party brands or sellers (for example, if you are an employee, paid blogger or recipient of free products/services).
You understand and agree that you waive to the full extent permitted by law any and all claims against us related to moral rights in the Content and that in no circumstances will we be liable to you for exercising any of our rights in and to the Content. You further agree to indemnify, defend, and hold harmless Alima Pure and its employees, contractors, agents and affiliates from and against any and all third-party claims, damages, liabilities, costs, and expenses, including legal expenses and reasonable attorneys' fees, arising out of any Submissions and/or Content. This is the entire agreement between you and Alima Pure in connection with your Submission(s) and Content. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will be enforced to the maximum extent to which it is found by the court to be legally enforceable. You agree that these Terms will be exclusively governed by applicable federal law and the laws of the State of Oregon, without reference to its choice of law rules. Nothing in these Terms will be interpreted as a waiver of Alima Pure’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).
5. Copyright Notices
If you believe your copyright-protected work has been posted by us without your authorization, you may submit a copyright infringement notification to us at email@example.com or by mail at:
Alima Cosmetics, Inc.
1601 NW Savier Street
Portland OR, 97209
These requests must comply with the Digital Millennium Copyright Act and should be sent by the copyright owner or an agent authorized to act on the owner’s behalf.