Terms & Conditions

TERMS AND CONDITIONS

Effective Date: September 29, 2025

Last Updated: October 5, 2026

VB Cosmetics, Inc. (collectively, “VB Cosmetics”, “we”, “us”, and “our”) owns and operates https://dazzledry.com/ its associated websites, mobile sites, applications and associated applications services (the “Sites”). VB Cosmetics provides its Sites, including but not limited to all information, videos, images, tools, emails, text messages or other electronic communications, applications, fixtures, or other products, goods, or services from us, and all other services made available by us to users from time to time, whether through our Sites or through other means (collectively, the “Services”).

PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 23 AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY (“POLICY”).

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.

SECTION 1- ENTIRE AGREEMENT

This Agreement and our Policy and any other agreements we may post on the Services from time to time comprise the entire agreement between User and VB Cosmetics, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

By using our Services, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement, our Policy, and all applicable laws, rules, and regulations.

SECTION 2 - DESCRIPTION OF SERVICE

VB Cosmetics grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from our Services for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. VB Cosmetics reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.

VB Cosmetics (and our licensors) remains the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

SECTION 3 - MODIFICATIONS TO SERVICE AND TERMS AND CONDITIONS

VB Cosmetics reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. VB Cosmetics shall not be liable to any User or any third party should VB Cosmetics exercise its right to modify or discontinue any Services provided. VB Cosmetics also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://dazzledry.com/pages/terms-conditions.Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.

SECTION 4 - NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, modify, create derivative works of, download, store, sell, resell, transmit or exploit any portion of the Services, use of the Services, or access to the Services, except as follows:

(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

(b) You may store files that are automatically cached by your web browser for display enhancement purposes; and

(c) If we provide desktop, mobile, or other applications for you to download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

SECTION 5 - CONTENT OWNERSHIP

The content on the Sites, including but not limited to, content, features, functionality, photos, and site layout, as well as the VB Cosmetics name, all logos of VB Cosmetics, and all related names, product and service names, designs and slogans appearing on the Sites (the “Site Content”) are the exclusive property of VB Cosmetics, our subsidiaries, affiliates, or licensors, and are protected by intellectual property and proprietary rights laws. You shall not use such Site Content without the prior written permission of VB Cosmetics. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.

The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior, express, written permission. However, you may download and print Site Content for non-commercial uses that are not competitive with us, provided that you keep all copyright or other proprietary notices intact, do not alter the Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Site Content on the Internet, or any Intranet or Extranet site, or to incorporate the Site Content in any database or other compilation. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of VB Cosmetics, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of VB Cosmetics or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without express, prior written permission from VB Cosmetics.

Unless stated otherwise on the VB Cosmetics Sites or in this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through VB Cosmetics. In exchange for the publishing services provided by VB Cosmetics, the User agrees to grant a perpetual, irrevocable, worldwide, unlimited, non-terminable license to VB Cosmetics to use all content the User publishes through VB Cosmetics without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the VB Cosmetics name in commercial activity without prior written consent of VB Cosmetics.

You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) that you provide to us through our Services are not confidential and become our sole property. VB Cosmetics reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.

SECTION 6 - CONTENT RESPONSIBILITY

We reserve the right to modify and update the Site Content or Services at any time to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, indecent, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that VB Cosmetics neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.

You agree that Comments provided to VB Cosmetics will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. VB Cosmetics does not operate or control in any respect and is not responsible for any information, software, products, or services available on such websites. VB Cosmetics’ inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.

SECTION 7 - CONTENT SUBMITTED TO VB COSMETICS

You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not VB Cosmetics, are entirely responsible for all User Content that you share, post, or upload via the Services.

VB Cosmetics does not claim ownership of the User Content or links you place on your VB Cosmetics page. VB Cosmetics may quote or reproduce your User Content (if you have made it public), in whole or in part, in order to promote your VB Cosmetics page and/or the VB Cosmetics Services. You acknowledge that VB Cosmetics does not pre-screen User Content or links, but that VB Cosmetics and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content or links that are available via the Services. Without limiting the foregoing, VB Cosmetics and its designees shall have the right to remove any User Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content and links, including any reliance on the accuracy, completeness, or usefulness of such User Content and links.

SECTION 8 - USER CONTENT

VB Cosmetics does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. VB Cosmetics is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.

Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant VB Cosmetics the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

We have the right to:

(a) Remove or refuse to post any User Content for any or no reason at our sole discretion.

(b) Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for VB Cosmetics.

(c) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

(d) Terminate or suspend your access to all or part of the Services for any violation of this Agreement.

(e) Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

YOU WAIVE AND HOLD HARMLESS VB COSMETICS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VB COSMETICS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY VB COSMETICS OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions.

SECTION 9 - USER ACCOUNT, PASSWORD, AND SECURITY

Users have the option of creating an account with VB Cosmetics to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with VB Cosmetics, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time. You may also set up a new account and close an old one at your convenience. You agree to immediately notify VB Cosmetics of any unauthorized use of your account or any other breach of security known to you. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

SECTION 10 - ARTIFICIAL INTELLIGENCE

We may make available through the Services certain features or Content that is generated or powered by artificial intelligence (“AI”, and such features, the “AI Features”).

You acknowledge and agree that: (a) certain features of the VB Cosmetics Sites and related Services may utilize AI and AI Features; (b) VB Cosmetics may use and store AI content that is processed by each of the AI Features and services to maintain and provide the applicable AI Features or services (including development and improvement of such AI Features or services and its underlying technologies);‌ (c) VB Cosmetics may store such AI content outside the region where you are using such AI Features or services, solely in relation to the development and improvement and (d) the output generated by AI is probabilistic and should be checked by the User for accuracy, including by employing human review of such output.

Under no circumstances will we be liable in any way for the AI Features or any information generated by the AI Features, including, but not limited to, infringement of intellectual property rights, any errors or omissions, or for any loss or damage of any kind incurred as a result of your interaction with the AI Features.

SECTION 11 - PAYMENTS

Orders and Acceptance

You agree that any purchase you make constitutes an offer to buy all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We may, in our sole discretion, limit or cancel orders or particular quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, using the same payment method, and/or using the same billing or shipping address. You represent and warrant that charges incurred by you will be honored by your credit card company or payment provider. By placing an order, you represent and warrant that you agree to pay the posted prices, applicable taxes, shipping and handling, and any other disclosed charges, regardless of the amount quoted on the Site and Services at the time of your order.

Prices and Payment Terms

All purchases and subscriptions through the Site and Services or other transactions for the sale of goods, services, or information formed through our website, or resulting from visits made by you, are governed by these Terms, and any other terms provided to you by us, any third party billing service provider (such as Shopify), or any other third party service provider relating to your use of the Site and Services. Additional terms and conditions may also apply to specific portions, products, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

We may offer, from time to time, promotions on the Site and Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, these Terms will govern. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your use of the Site and Services or to these Terms.

Certain features of the Site and Services, including the purchase or sale of certain products, services, or subscriptions, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are denominated in the stated currency or other means of payment and are non-refundable unless otherwise specified in these Terms or the applicable policy. We are not responsible for any unfavorable exchange rate fluctuations that may impact any refund.

Prices are determined solely and exclusively by us. All prices, discounts, and promotions posted through the Site and Services are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed as set out in your order confirmation email. Price changes will only apply to orders placed after such price change. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and your order confirmation email.

We strive to display accurate price information; however, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We encourage you to check our pricing page periodically for current pricing information. We reserve the right to determine and change pricing and fees for the Site and Services, with advance notice where required by applicable law. In addition to the amount due for the Site and Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.

Taxes, Payment Methods, and Authorizations

You authorize us and our authorized agents and third-party service providers to charge the payment method you specify for all sums for the orders that you make through the Site and Services, including all applicable taxes, and to effect any payments you authorize through the Site and Services, including both charges for orders and any other authorized charges. If you pay any fees with a credit card, then we or Merchant Services providers may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you are permitted to save a payment method (such as a credit card) or any account with a payment feature as part of your account with us, you authorize us to save and maintain such payment method or specified account and use it for the payment of various fees and amounts related to your purchase of products or use of the Site and Services. In some instances, we may have an obligation to add federal, state, local or foreign sales or use tax to the purchase price of products, services, and/or subscriptions. We may withhold such taxes as shall be required to be withheld pursuant to any applicable law or regulation, as determined in our sole discretion. In such cases, we will list the appropriate taxes, and charge and collect them as part of the transaction and either remit the taxes to the applicable taxing authority or transmit the collected taxes for remittance and reporting to tax authorities, as applicable.

Refunds, Credits, and Chargebacks

All refund requests shall be subject to the applicable policy for the specific product or service purchased. We reserve the right to deny any refund requests that do not comply with the applicable policy or these Terms. If you or your Account are subject to a high level of chargebacks, returns, refund requests, payment network imposed fines, fees, or assessments, or we are otherwise required to do so by our third party payment processor, we have the right to pass any such fines, fees, or assessments on to you and terminate your account and access to the Site and Services, in our sole discretion. You remain solely liable for all chargebacks, returns, or refunds. In the event we have reason to believe that your Account is engaged in fraudulent or other unauthorized activity, you agree that, in addition to any other remedies set forth in these Terms, we have the right to reverse any payments made to you by our payment processor without notice to you and you agree that you are solely responsible for any such fraudulent activity.

Account Holds, Suspension, and Termination

We are not a financial institution. We are required to comply with certain requirements as part of our own compliance policies and due to commitments and relationships we have with various third parties, including banks, payment processors, and other financial institutions with which we work. We reserve the right, in our sole discretion, to suspend or terminate any account you may have that is associated with the Site and Services. Without limiting the generality of the foregoing, we may, in our sole discretion or as directed by law enforcement, a regulatory agency, or any financial institution or third-party payment processor with which we work, suspend or place a hold on an account. Any suspension or hold on an account may delay the settlement or distribution of any funds owed associated with such account. In the event that we suspend or hold an account pursuant to this provision, we will do so for no longer than is commercially reasonable, and in no event longer than one hundred eighty (180) days; provided, however, that in the event that such suspension or hold on an account is directed by law enforcement, a regulatory agency, or any financial institution or third-party payment processor with which we work, then such suspension or hold shall remain in place for so long as we are directed by such party. Without limiting anything in the foregoing, we may suspend or pause your account while performing any applicable or necessary regulatory reviews being conducted by us or our financial institution or payment processing partners. To the extent reasonably necessary to do so, and if required by applicable law or the instructions of any relevant third-party, we will provide you with prior notice of any such termination or suspension of your account. However, we shall have the right to terminate or suspend your account without notice upon your violation of these Terms or if we have reason to believe there is fraud, unauthorized use, or any amount due but unpaid associated with your account.

SECTION 12 - MODIFICATIONS TO THE SITE AND SERVICES, AND PRICES

Occasionally there may be incorrect information on our Sites, such as typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability, or other materials or information. We reserve the right to correct any incorrect information, and to change or update information or cancel orders if any information on the Sites is incorrect, at any time without prior notice (including after you have submitted a purchase order). Prices on our Sites are subject to change without notice. We are not liable for any modification, price change, suspension or discontinuance of the Sites.

SECTION 13 - PRODUCTS, SERVICES, AND LIMITATIONS ON RESALE

Certain products or services may be available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only, according to our Return Policy, found at https://dazzledry.com/pages/returns-exchanges. We have made every effort to display as accurately as possible the colors and images of our Services that appear on the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services or pricing are subject to change at any time without notice. We reserve the right to discontinue any Service at any time. Any offer for any Service on this Sites is void where prohibited. We do not warrant that the quality of any Services purchased or obtained by you will meet your expectations.

The Sites and Services are solely for retail sales, and Services purchased here are intended to be only for personal use or as gifts from the purchaser to another individual. Services purchased here may not be resold in a store, salon, or online. You are expressly prohibited from using the term DAZZLE DRY or VB COSMETICS for any resale of Services.

SECTION 14 - ORDERS AND RETURNS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

SECTION 15 - TERMINATION.

If you purchase a product, you may cancel such purchase at any time through our third-party payment vendor. Your termination will become effective based on the terms outlined by the third-party vendor.

VB Cosmetics may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if VB Cosmetics believes that you have violated any law or the spirit of this Agreement.

SECTION 16 - ADVERTISEMENTS, PROMOTIONS, AND AFFILIATE DISCLOSURE.

VB Cosmetics runs advertisements, promotions, and affiliate links on VB Cosmetics’ Site pages. The manner, mode, and extent of advertising by VB Cosmetics is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that VB Cosmetics shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Services.

SECTION 16 - LINKING TO WEBSITE AND SOCIAL MEDIA

You may link to our website or homepage, provided you do so in a way that is fair, legal use and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

(a) link from your own or certain third-party websites to certain content on this website;

(b) send emails or other communications with certain content, or links to certain Site Content;

(c) cause limited portions of Site Content and/or the other Services to be displayed or appear to be displayed on your own or certain third-party websites;

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

(i) establish a link from any website that is not owned by you;

(ii) cause the Services or the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; and

(iii) otherwise take any action with respect to the materials on any of the Services that is inconsistent with any other provision of this Agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content standards set out in this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission with or without notice at our sole discretion. We may disable all or any social media features and any links at any time without notice in our discretion.

SECTION 17 - PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

(a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(c) to send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content standards set out in this Agreement;

(d) to transmit, or procure the sending of, any advertising or promotional material without or prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;

(e) To impersonate or attempt to impersonate VB Cosmetics, a VB Cosmetics employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the forgoing); and

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm VB Cosmetics or users of the Services or expose them to liability.

Additionally, you agree not to:

(i) use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real lifetime activities through the Services;

(ii) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

(iii) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;

(iv) use any device, software, or routine that interferes with the proper working of the Services;

(v) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the website or any other Services;

(vii) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and

(viii) otherwise attempt to interfere with the proper working of any of the Services.

SECTION 18 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND PRODUCTS IS AT USER’S SOLE RISK.

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, VB COSMETICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. VB COSMETICS MAKES NO WARRANTY THAT THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR PRODUCTS OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER OR MOBILE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. VB COSMETICS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ANY REPRESENTATIONS REGARDING A PRODUCT ARE MADE SOLELY BY THE APPLICABLE MANUFACTURER OR SELLER. PRODUCT DESCRIPTIONS, SPECIFICATIONS, IMAGES, INSTRUCTIONS, WARNINGS, CERTIFICATIONS, REVIEWS, RATING, AND OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES MAY BE PROVIDED BY THIRD-PARTY MANUFACTURERS OR SELLERS FOR THE CONVENIENCE OF THE USER. VB COSMETICS DOES NOT INDEPENDENTLY TEST, VERIFY, OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, CONSPICUITY, OR RELIABILITY OF SUCH INFORMATION.

SECTION 19 - LIMITATION OF LIABILITY

VB COSMETICS, ITS PARENT, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, PERSONAL INJURY, PROPERTY DAMAGE OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD) OR THE COST OF THE PURCHASED PRODUCT, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

VB COSMETICS SHALL NOT BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSSES, CLAIMS, OR ANY OTHER DAMAGES TO ANY PERSON OR PERSONS RESULTING OR ARISING FROM THE PRODUCTION, MANUFACTURE, SALE OR USE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPTING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR NON-WAIVABLE STATUTORY LIABILITIES. ANY CLAIM RELATING TO A PRODUCT’S DESIGN, MANUFACTURE, DEFECT, WARNING, SAFETY, QUALITY, PERFORMANCE, OR COMPLIANCE SHALL BE DIRECTED TO THE APPLICABLE MANUFACTURER, SUPPLIER, OR SELLER.

VB COSMETICS, ITS PARENT, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, SHALL NOT BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSSES, CLAIMS, OR ANY OTHER DAMAGES TO ANY PERSON OR PERSONS RESULTING OR ARISING FROM THE PRODUCTION, MANUFACTURE, SALE OR USE OF THE PRODUCTS PURCHASED THROUGH THE SITES TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPTING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR NON-WAIVABLE STATUTORY LIABILITIES. ANY CLAIM RELATING TO A PRODUCT’S DESIGN, MANUFACTURE, DEFECT, WARNING, SAFETY, QUALITY, PERFORMANCE, OR COMPLIANCE SHALL BE DIRECTED TO THE APPLICABLE MANUFACTURER, SUPPLIER, OR SELLER IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

SECTION 20 - INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to VB Cosmetics as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that VB Cosmetics shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by VB Cosmetics in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

SECTION 21 - INDEMNIFICATION

You agree to indemnify, defend at our sole option, and hold harmless VB Cosmetics, Inc. and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (the “Indemnified Parties”), harmless from and against any and all losses, damages, liabilities, costs, claims, or demands, including reasonable attorneys’ fees (“Losses”), incurred by the Indemnified Parties resulting from any claim, suit, action, or proceeding made by any third party due to, relating to, or arising out of your use of the Site and Services or any features thereof, any User Content, any Business Submissions, your breach or violation of this Agreement or the documents or terms they incorporate by reference, any other act or omission by you, or your violation of any law or the rights of a third party. You further agree that we shall have control of the defense or settlement of any third-party claims unless we exercise our option to require you to defend us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and VB Cosmetics, Inc.

SECTION 22 - LAWS

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Delaware in the United States without reference to any conflict of law rules. You and VB Cosmetics agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within Maricopa County, Arizona in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

SECTION 23 - ARBITRATION CLAUSE AND CLASS ACTION WAIVER

– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration Notice

You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), this Agreement and/or the Policy it will be resolved by confidential binding arbitration in Arizona rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to VB Cosmetics, Inc., 6511 W. Frye Road, Chandler, AZ 85226. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and VB Cosmetics are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or VB Cosmetics may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of this Agreement as a court would.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the State of Arizona or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone/video conference or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone/video conference by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Arizona, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

CLASS ACTION WAIVER: YOU AND VB COSMETICS AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

EXEMPT CLAIMS: You and VB Cosmetics agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:

(a) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and

(b) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision by mail to VB Cosmetics, Inc., 6511 W. Frye Road, Chandler, AZ 85226. Include your name, address, and date in the correspondence.

SECTION 24 - FORCE MAJEURE

VB Cosmetics shall not be liable or responsible to User, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent VB Cosmetics’ failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of VB Cosmetics.

SECTION 25 - NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. VB Cosmetics may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.

SECTION 26 - ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without our prior written consent. Any attempted assignment or transfer in violation of this section shall be null and void. We may freely assign, transfer, or delegate any of our rights and obligations under this Agreement, in whole or in part, without restriction and without your consent. Subject to the foregoing, this Agreement will bind and benefit the parties and their respective permitted successors and assigns.

SECTION 27 - PRIVACY POLICY

VB Cosmetics’ Policy is incorporated by reference in this Agreement. Please refer to our Policy for information as to how VB Cosmetics may collect, process, and use Users’ personal information as well as certain rights User’s may have regarding their personal information in relation to the Services provided.

SECTION 28 - GENERAL INFORMATION AND LIMITATION ON CLAIMS

If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. VB Cosmetics’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VB Cosmetics in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and VB Cosmetics agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If VB Cosmetics takes any action to enforce this Agreement, VB Cosmetics, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which VB Cosmetics may be entitled.

To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 29 - VIOLATIONS

Please report any violations of this Agreement to administrators at legal@vbcosmetics.com.

SECTION 30 - VB COSMETICS PROPRIETARY RIGHTS.

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by VB Cosmetics you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

SECTION 31 - NOTICE OF INFRINGEMENT

We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see the “Contact Us” section below which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.

SECTION 32 - CHILDREN INFORMATION.

VB Cosmetics and its Sites and Services provide products and services for general audiences, and are intended for individuals 13 years of age and over. VB Cosmetics does not intentionally or knowingly collect, use, or process the personal information from children under the age of 13, and such children are not permitted to use our Site or Services. If you are under 13, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any personal information about yourself. By purchasing our products or otherwise using our Services, you acknowledge you are 13 years of age and over and are permitted to use our Services in accordance with our Policy and this Agreement. If you are a parent or guardian and you are aware that your child has violated this Agreement and provided us with personal information, please contact us and we will take measures to remove that information from our Services.

SECTION 33 - RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

SECTION 34. ASSIGNMENT

SECTION 35 - CONTACT US

If you have any questions about this Agreement, please contact us at the following:

By email:

legal@vbcosmetics.com

By phone:

(480) 814-8300

By mail:

VB Cosmetics, Inc.
6511 W. Frye Road
Chandler, AZ 85226
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