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TERMS OF USE

Last Updated 6/3/2020

Welcome to http://romanovamakeup.us (hereby the “Site”). The Site and the materials within it are the wholly owned copyright of ROMANOVAMAKEUP, a California corporation (also referred to as “We” or “Us” or the “Company”). Please review these Terms of Use carefully, as it governs your use of the Site. Your viewing or use of this Site will constitute your agreement, on behalf of You and any entity you may represent (herein collectively “You” or “Your” or the “User”), to all of the terms and conditions provided below. 

There may be additional terms and conditions provided throughout the Site governing your use of particular functions, features, information and applications available through the Site.

By using the Site, you affirm that you are of legal age to enter into these Terms of Use, or if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the Site is unauthorized. 

  • USE LICENSE
  • The Company and the Site jointly grant you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.

    Your use of this Site constitutes your agreement and acceptance without modification of the notices, disclaimers, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to the Company that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this Agreement and agreements between You and the Company relating to the sale of products or services to you through this Site, the Company will not enter into any agreement with you or obligation to You through this Site and no attempt to create such an agreement or obligation will be effective. 

    The use of non-authorized scripting technologies to obtain information from the Site or submit information through the Site is strictly prohibited.

  • TERMINATION OF USE
  • The Company may discontinue, suspend or modify the Site at any time without notice, and the Company may block, terminate, or suspend Your and any user’s access to the Site at any time for any reason in its sole discretion, even if access continues to be allowed to others. 

  • NO WARRANTIES
  • THE SITE AND ITS CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SITE, ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

    THE COMPANY AND ITS AGENTS DISCLAIM ANY AND ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE THE SITE AND ITS CONTENT.

    THE COMPANY MAKES ANY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, REPRESENTATIONS, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR BY THE COMPANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY SERVICES OR PRODUCTS OFFERED ON THE SITE. 

    YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY SITE TO YOU THROUGH THE SITE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS IN NO WAY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

  • LIMITATION OF LIABILITY
  • YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE COMPANY’S SERVICES OR THE PRODUCTS SOLD THROUGH THE SITE.

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY RELIANCE UPON STATEMENTS AND REPRESENTATIONS MADE WITHIN THE SITE OR ATTACHED TO THE PRODUCTS AND SERVICES SOLD WITHIN THE SITE.

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH YOUR ABILITY OR INABILITY TO USE THE SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, DAMAGE TO PERSON OR HEALTH, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

  • INDEMNIFICATION
  • You agree to defend, indemnify and hold harmless the Company, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of this Terms of Use, and any of Your activities conducted in connection with this site.

    You agree to defend (at the Company’s option), indemnify, and hold the Company and its affiliate companies and its and their respective officers, directors, employees, agents and representatives from any and all claims harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms of Use.

  • APPLICABLE LAW AND JURISDICTION
  • You agree that this Agreement and your use of this Site are governed by the laws of the State of California, USA, without regard to conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, California, USA disputes (a) arising out of, relating to, or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. 

    Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Company has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. 

  • DISPUTES & ARBITRATION;
  • PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and the Company will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

    EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by American Arbitration Association, Inc. (“AAA”) pursuant to the AAA Consumer Arbitration Rules Amended and Effective September 1, 2014 (the “AAA Rules”) and as modified by this Agreement to arbitrate. The AAA Rules, including instructions for bringing arbitration, are available on the AAA website at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

  • SEVERABILITY
  • Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.

  • LINKS TO OTHER WEBSITES
  • There are links on the Site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by the Company. The Company makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

    The Company has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

  • SHIPPING AND DELIVERY / TERMS OF CARRIAGE
  • Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. You represent and warrant that You reside at the address provided, are authorized to enroll and receive shipments at the address; are of legal age to receive the products and services sold through the Site. All transactions are made through major shipping carriers such as the U.S. Postal Service, United Parcel Service and FedEx pursuant to their respective shipping contracts, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

  • PRIVACY
  • Your use of the Site is subject to our Privacy Policy, which can be found at https://romanovamakeup.us/pages/privacy-policy. Please review the Privacy Policy for more information on how we collect and use information from the use of the Site. 

  • INFORMATION ON SITE
  • We try to be as accurate as possible with the information we present on the Site. We will make reasonable efforts to accurately display the attributes of the services and products we sell. We do not warrant that service or product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item or service until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

  • OWNERSHIP
  • The Site and its content are protected by United States and international copyright, trademark and other laws. Copyright © 2020 ROMANOVAMAKEUP. All rights reserved. Specifically, the Company does not convey to anyone, through allowing access to the Site, any ownership rights in the Site or in any content appearing on or made available through the Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Site or its content.

  • TRADEMARKS 
  • The trademarks, service marks and logos (collectively the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Company and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The name “ROMANOVAMAKEUP”, the ROMANOVAMAKEUP logo or the other Company formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from the Company. The Company prohibits use of the ROMANOVAMAKEUP logo as part of a link to or from any site unless establishment of such a link is approved in advance by the Company in writing. Fair use of ROMANOVAMAKEUP Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners. 

  • PRICING INFORMATION / AVAILABILITY
  • The Company cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Service and/or Product. The Company reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from the Company. The Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

  • UPLOADED CONTENT 
  • By submitting any content to and via this Site or otherwise, you represent and warrant that:

    • you are the sole author and owner of the intellectual property rights thereto;  
    • use of the content you supply does not violate this Agreement and will not cause injury to any person or entity. 

    You further agree and warrant that you shall not submit any content:  

    • that is known by you to be false, inaccurate or misleading;  
    • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;  
    • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);  
    • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;  
    • for which you were compensated or granted any consideration by any third party; or  
    • that contains any computer viruses, worms or other potentially damaging computer programs or files.

    You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

    For any content that you submit, you grant the Company and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

    All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at the Company’s sole discretion. The Company reserves the right to change, condense or delete any content on this Site that the Company deems, in its sole discretion, to violate this Agreement. The Company does not guarantee that you will have any recourse through The Company to edit or delete any content you have submitted. You acknowledge that you, not the Company, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of the Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. 

  • DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) 
  • The Company respond to notices of alleged copyright infringement pursuant to the requirements of the DMCA. If You believe that any content on this site infringes your copyrights, You may request removal of such content by providing written notice to the Company’s designated DMCA Agent at:
    ROMANOVAMAKEUP
    DMCA Agent
    340 S Lemon #7788, Walnut, CA 91789
    or by email at dmca@romanovamakeup.us

    This address and email address should only be used to report allegations of copyright infringement. Contact information for other matters is provided elsewhere on this Site and this Agreement.
    Your notice must satisfy the requirements of the DMCA and include the following information:
    (i) Your name, mailing address, and email address;
    (ii) A statement identifying the copyrighted material You claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
    (iii) A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
    (iv) A statement that You have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
    (v) A statement, made under penalty of perjury, that the information in this notice is accurate and that You are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
    (vi) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The Company reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that the Company determines that a DMCA notice lacks validity, the Company may refuse to remove the complained of content at its discretion. Election by the Company to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.

  • CONTACTING US 
  • If you have any questions about this Agreement, please call us at (323) 364 8777, log on to https://romanovamakeup.us/pages/contact-form, or email us at termsofuse@romanovamakeup.us, or write us at:

    ROMANOVAMAKEUP
    Internet Customer Service  
    340 S Lemon #7788, Walnut, CA 91789

    Although the Company will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), the Company does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

    Copyright © 2020 ROMANOVAMAKEUP. All rights reserved.




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