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PRIVACY POLICY

This Site is operated by VB Cosmetics, Inc.  Throughout the Site, the terms “we”, “us” and “our” refer to VB Cosmetics, Inc.  VB Cosmetics, Inc. offers this Site, including all information, tools, products, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service and Privacy Policy apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.  If you do not agree to all the Terms, then you may not access the Site or use any services.  If these Terms of Service and Privacy Policy are considered an offer, acceptance is expressly limited to these Terms of Service and Privacy Policy.

SECTION 1 – MODIFICATIONS TO THE SITE AND PRICES

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

SECTION 2 – PRODUCTS, SERVICES, AND LIMITATIONS ON RESALE

Certain products or services may be available exclusively online through the Site.  These products or services may have limited quantities and are subject to return or exchange only, according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site.  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 products or services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  All descriptions of products, services, or pricing are subject to change at any time without notice. We reserve the right to discontinue any product or service at any time.  Any offer for any product or service made on this Site is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

 

This Site is solely for retail sales, and products purchased here are intended to be only for personal use or as gifts from the purchaser to another individual.  Products 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 products.

SECTION 3 – 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 e-mail and/or billing address/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.

For information about returns, please review our Returns Policy at https://dazzledry.com/pages/dazzle-dry-shipping.

SECTION 4 – YOUR ACCOUNT; ACCURACY OF BILLING AND ACCOUNT INFORMATION

You represent that you (a) have not previously been suspended or removed from the Site, (b) you will only provide us with true, accurate, current and complete information if you register for an account and/or purchases (defined below), (c) you will provide current, complete, and accurate purchase and account information for all purchases made at our Site, and (d) you will promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If we believe or suspect that your information is not true, accurate, or complete, we may deny your access to the Site (or any portion thereof).

When you set up an Account, you are required to provide accurate and complete account information, which you may not transfer to another party.  If someone accesses our Site using your account information, we will assume that it is you who is accessing the Site. You are responsible for any use of your account information and all purchases and activities that occur using the information.  We reserve the right to take any action to ensure the security of the Site, including terminating your Account or requesting additional information to authorize purchases or returns. Please notify us immediately in writing if you learn that your account information is being used without authorization.

SECTION 5 – OPTIONAL TOOLS AND THIRD-PARTY LINKS AND WEBSITES

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-party links on this Site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party websites, products, or services must be directed to the third-party.

SECTION 6 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send certain specific submissions (for example contest entries) with or without a request from us, or you send creative ideas, comments, information, images, data, graphics, video, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium and for any purpose any comments that you send.  We are and shall be under no obligation (1) to maintain any such comments in confidence; (2) to pay compensation for any comments; or (3) to respond to or use any comments.  We may, but have no obligation to, monitor, edit, or remove content in a comment that we determine in our sole discretion is improper for the Site, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property, or this Terms of Service.  You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, right of publicity, or other personal or proprietary right.  You further agree that your comments will not contain libelous, defamatory, or otherwise unlawful, abusive, or obscene material, or contain any computer virus or malware that could in any way affect the operation of the Site.  You may not use a false e-mail 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, and do not endorse any such comments.

Privacy Policy

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION

When you browse our Site, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.  When you purchase something from our Site, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.  With your permission, we may send you emails about our Site, new products and other updates.

SECTION 2 – CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that reason only.  If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

SECTION 3 – WITHDRAWING CONSENT

If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by clicking the opt-out icon in any of our advertisements or promotions emailed to you, contacting us at orders@vbcosmetics.com to opt out, or by mailing us at:  VB Cosmetics, Inc., 318 S Bracken Lane, Chandler, Arizona 85224.

SECTION 4 – DISCLOSURE

We may disclose your personal information if (a) we are required by law, (b) in any dispute between you and us, or (c) if you violate this Privacy Policy or the Terms of Service.

SECTION 5 – SHOPIFY & SECURITY

Our on-line store on the Site is hosted on Shopify Inc.  Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.  Your data is stored through Shopify’s data storage, databases and the general Shopify application.  Shopify stores your data on a secure server behind a firewall.  Shopify’s compliance covers all six PCI standard categories: maintain a secure network, protect cardholder data, maintain a vulnerability management program, implement strong access control, regularly monitor and test networks and maintain information security policy.  Shopify’s policy can be found at https://www.shopify.ca/security/pci-compliant.

PAYMENT

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data.  The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).  Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.  After your purchase transaction is complete, your purchase transaction information is deleted.  All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council.  PCI-DSS requirements help ensure the secure handling of credit card information by our Site and its service providers.  For more insight, you may want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 6 – THIRD-PARTY SERVICES

Once you leave our Site or are redirected to a third-party site or application, you are no longer governed by this Privacy Policy or our Site’s Terms of Service.  We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.  The third-party providers collect, use and disclose your information to the extent necessary to allow them to perform the services they provide.  Further, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled.  Certain providers may be located in or have facilities that are located at a different jurisdiction (such as a different state or country) than either you or us.  So if you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facility is located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing a purchase transaction may be subject to disclosure under United States legislation, including the Patriot Act.

SECTION 7 – COOKIES

Here is a list of cookies that we use. You can choose, if you want, to opt-out of the cookies.

_session_id, unique token, sessional.  This allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, persistent for 30 minutes from the last visit.  This is used by our Site provider’s internal stats tracker to record the number of visits.
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day.  This counts the number of visits to the store on the Site by a single customer.
cart, unique token, persistent for 2 weeks.  This stores information about the contents of your cart.
_secure_session_id, unique token, sessional storefront digest, unique token, indefinite.  This is used if a shop on the Site has a password, in which case this determines if the current visitor has a password to access that shop.

SECTION 8 – QUESTIONS ABOUT OUR PRIVACY POLICY

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at legal@vbcosmetics.com, or by mail at VB Cosmetics, Inc., [Attn: Privacy Compliance Officer], 318 S Bracken Lane, Chandler, Arizona 85224.

GENERAL TERMS AND CONDITIONS FOR
THE TERMS OF SERVICE AND PRIVACY POLICY

SECTION 1 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service or Privacy Policy, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, or of any related websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site or any other website; or (l) to sell or resell products.  We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

SECTION 2 – AGE OF CONSENT

By using this Site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Site.

SECTION 3 – CHANGES TO TERMS OF SERVICE OR PRIVACY POLICY

You can review the most current version of the Terms of Service and Privacy Policy at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service or Privacy Policy by posting updates and changes to our Site.  It is your responsibility to check our Site periodically for changes.  Your continued use of or access to our Site following the posting of any changes to these Terms of Service or Privacy Policy constitutes acceptance of those changes.

SECTION 4 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free.  We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.  You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site, or any part, product, or service, at any time, without notice to you.  You expressly agree that your use of, or inability to use, the Site is at your sole risk.  The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  In no case shall VB Cosmetics, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Site or any products or services procured using the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred.  For any states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 5 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless VB Cosmetics, Inc. and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, Privacy Policy or the documents or terms they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 6 – SEVERABILITY

In the event that any provision of these Terms of Service or Privacy Policy is determined 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 the Terms of Service or Privacy Policy, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 7 – INTELLECTUAL PROPERTY RIGHTS

The Site, and all of its contents, including text, photographs, designs, layout, images, graphics, videos, audio, software, trademarks, service marks, logos, excluding comments or other user content, is protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site, its contents, and its intellectual property are owned by VB Cosmetics, Inc.

 

Except as otherwise provided in these Terms of Service, you may not directly or indirectly, use, publish, reproduce, display, create derivative works from, reverse engineer, copy, post, save, transmit or modify the Site or any portion thereof.  Nor will you use any trademark, service mark, or logo appearing on the Site.

SECTION 8 – CLAIMS REGARDING COPYRIGHT INFRINGEMENT

If you are a copyright owner or authorized agent and believe that any content on the Site infringes your copyright or trademark, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing: (a) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is purportedly infringed; (b) identification of the work alleged to have been infringed; (c) identification of the material that is allegedly infringing, and information sufficient for us to locate the material; (d) your name, address, telephone number, and email address; (e)  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement, under penalty of perjury, that all the information in the notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.  Any such notice should be emailed to us at legal@vbcosmetics.com.

After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws.

SECTION 9 – TERMINATION WITH OR WITHOUT CAUSE

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service or Privacy Policy, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.

We may also terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site.  If you wish to terminate your account, you may do so by following the instructions on the Site.  In the event of termination, you will still be bound by your obligations under these Terms of Service and Privacy Policy.

SECTION 10 – ENTIRE AGREEMENT

These Terms of Service and Privacy Policy, and any policies or operating rules posted by us on this Site, constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or Privacy Policy).  The failure by us to exercise or enforce any right or provision of the Terms of Service or Privacy Policy shall not constitute a waiver of such right or provision.

SECTION 11 – GOVERNING LAW AND VENUE

These Terms of Service, Privacy Policy and any separate agreements, shall be governed by and construed in accordance with the laws of Arizona, United States of America, without reference to its choice of laws principles.  Any dispute regarding these Terms of Service or Privacy Policy shall be venued exclusively in a state or federal court located in Maricopa County, Arizona.  You consent to the jurisdiction of these courts with respect to any such dispute.

SECTION 12 – QUESTIONS AND CONTACT INFORMATION

General questions about the Terms of Service or Privacy Policy should be sent to us at legal@vbcosmetics.com.
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