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Terms of Service

Browse viaGlamour's Terms of Service

viaGlamour has a terms of service, data protection service, data response policy, and privacy policy.

Introduction


We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and viaGlamour Ltd. So please read them carefully and know that viaGlamour's support team is always available to help answer your questions.

By using viaGlamour or viaGlamour's apps or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.

viaGlamour’s service (the “viaGlamour Service”) is located at viaGlamour.com and is operated by viaGlamour Ltd. and its subsidiaries (collectively, “viaGlamour”). The viaGlamour Service provides sellers (the “Shop Owners”) with the ability to create and sell cosmetics, merchandise, and beauty products (collectively, “Campaigns”) and buyers with the ability to find and purchase products. Campaigns may be sold on private-label stores hosted on viaGlamour, third-party sites, or retail locations (collectively, “Storefronts”) without notice to the buyers that the products included in the Campaign that are being purchased have or will include viaGlamour's involvement. We offer the viaGlamour Service subject to the following Terms of Service, specifically including viaGlamour’s Privacy Policy. If you do not agree to these Terms of Service, you are not authorized to use the viaGlamour Service including any. To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.

Use of the viaGlamour Service


Information You Provide

Certain features of the viaGlamour Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify viaGlamour of any unauthorized use of your password or account or any other breach of security. viaGlamour reserves the right to terminate accounts and/or campaigns that are inactive for six (6) months or more.

Multiple Member Accounts Prohibited

Operating and maintaining multiple member accounts is prohibited.

Abusive Behavior

Abusing other members within viaGlamour's shop ecosystem, support agents, or third-party contractors in any form is prohibited.

Misuse of Member Account

If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, fail to comply with the Terms of Service or any other viaGlamour policies, or otherwise use the service in an excessive or unreasonable way, viaGlamour may, in its sole discretion, cancel your campaigns, suspend services, delete association with your domain, deny request for support, suspend your use of viaGlamour tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.

Age Requirement

If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the viaGlamour Service only with the approval of your parent or guardian.

Applicable Laws

In connection with your use of the viaGlamour Service, you will comply with all applicable laws, regulations and industry standards. General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by viaGlamour in connection with your use of the viaGlamour Service. viaGlamour may establish general practices and limits concerning use of the viaGlamour Service. viaGlamour reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content anywhere. How broad that license is depends on which Services you use and the Settings you have selected.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content anywhere. How broad that license is depends on which Services you use and the Settings you have selected.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

Buyers through viaGlamour’s platform


Payment

If you purchase any merchandise through the viaGlamour Service, you will be required to provide viaGlamour information regarding your credit card or other payment instrument. You represent and warrant to viaGlamour that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes and import fees associated with your purchase of merchandise through the Service.

Loss and Cancellation

Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

Returns

You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

Waiver

Your purchase of an item using the viaGlamour Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

For viaGlamour Shop Owners


The viaGlamour Service allows shop owners to create a shop, product pages and sell merchandise through "Campaigns". A campaign viaGlamour’s internal term to define any product in a shop owner’s catalog or online store. A campaign can be any combination or single cosmetics product with variable sale durations, available, and prices set by the shop owner in collaboration with viaGlamour’s service. Following are specific obligations concerning the initiation of any campaign. To the extent any campaign violates these Terms of Service, we may choose to terminate, delay or modify the campaign in our discretion without notice.

Your Right to Conduct a Campaign

By creating a campaign through the viaGlamour Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide viaGlamour with evidence of your Campaign Rights upon request.

Ownership

viaGlamour does not claim any ownership rights in the content you upload to the viaGlamour Service. Please maintain copies of all of your works. viaGlamour has no responsibility or liability for the deletion or failure to store any content or information uploaded to the viaGlamour Service. viaGlamour retains all ownership rights of all photography generated by the Service and may not be used by you, other than in connection with your campaigns on the viaGlamour Service, without viaGlamour’s express written consent. Campaigns may be associated with the viaGlamour service but that does imply viaGlamour claims ownership rights. Third party services such as Google may link campaigns to viaGlamour, but that does mean viaGlamour is liable for the content seen on the connected campaigns.

Licenses

For the purpose of fulfulling customer orders with products that may use third-party licenses or properties, you hereby grant viaGlamour a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, sell, modify the content you sent to the viaGlamour Service (including all related images, text, content and information).

Subscription Payments

Subscribing to viaGlamour lets shop owners begin selling products through the viaGlamour service. Subscription payments are non-refundable and you acknowledge that actual cost of fullfilment, such as shipping and formulation, may be an extra cost that will never be included in the subscription rates offered by viaGlamour to license it's services.

Payment

If you purchase any merchandise through the viaGlamour Service, you will be required to provide viaGlamour information regarding your credit card or other payment instrument. You represent and warrant to viaGlamour that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes and import fees associated with your purchase of merchandise through the Service.

Order funding

Merchants on the Service can optionally add Funds to their account that are used to pay for an order's formulation, production, and shipping expense automatically. Adding these fudns are non-refundable action and the merchant understands that any funds added to viaGlamour will only be used for the production of their orders. Funds are non-transferable to other Services or associated Partner Services and are only deducted for the production of orders recieved on the Service's platform.

Acceptable Use; Indemnity


Your use of the viaGlamour Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that viaGlamour has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on viaGlamour’s internal policies (for example, viaGlamour may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or viaGlamour may apply such funds to any judgment or settlement, and/or the reimbursement of viaGlamour’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with viaGlamour in such activities. Without limiting the foregoing, you also agree to indemnify and hold viaGlamour harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any other part of these Terms of Service.

Affiliates


viaGlamour Ltd. and their partners may offer promotions on their affiliate network to existing customers to incentivize the purchase of goods and services from third-party services. The company, partners, and all parties involved can not guarantee that the discounts can be redeemed by each customer or the duration of the promotion it lasts for. All partners involved are not liable for any damages or false advertising if the product being promoted cannot be purchased or doesn't meet the promotion advertised by partners. Every purchase made for an affiliate product is made at the user's own risk. viaGlamour Ltd. and all of the involved parties such as LogoCore cannot provide any guarantees that the affiliate promotions will work as described. For a detailed example: viaGlamour Ltd and their partners is not responsible for any loss of goods, damaged property, or liability if you purchase a promoted product offered by an affiliate network such as TradeDoubler and the product and services being purchased does not function as initially advertised.

Affiliate Terms


viaGlamour Ltd. does not conduct any research, vetting, or endorsements on any of their partners that may be directly or indirectly promoting their services. Affiliates recommending viaGlamour's services to client are bound by these same terms of service agreements. If an affiliate's referral account is paused or suspended due, the affiliate account may also be suspended by viaGlamour's staff until a resolution is attained. Reasons for suspensions may include false advertising of viaGlamour's services, providing the refferal account with inadequate information on how to operate their store with viaGlamour, or being unresponsive to viaGlamour's communications on merchant, referral, or affiliate questions.

Limitation of Liability


You expressly understand and agree that, to the extent permitted by applicable laws, viaGlamour shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service. To the extent permitted by applicable laws, in no event shall viaGlamour or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, viaGlamour partners, officers, directors, agents, employees, and suppliers 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 or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. viaGlamour does not warrant that the Services will be uninterrupted, timely, secure, or error-free. viaGlamour does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. viaGlamour is not responsible for any of your tax obligations or liabilities related to the use of viaGlamour’s Services. viaGlamour does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.


viaGlamour's website and their partners website such as LogoCore may contain links to third parties’ websites. The links are included for your convenience only. viaGlamour does not monitor such websites and assumes no liability whatsoever for the content or opinions expressed on those websites. You access and use any linked website on your own risk.

Information on the Site


You must not treat information on the Site as comprehensive. Any forward-looking statements made on viaGlamour's site are based on our best judgment but are subject to a number of uncertainties as well as events beyond viaGlamour's or their affiliate partners' control. You use the information on your own risk and viaGlamour requests you never to rely on the information (or any part thereof) without first taking appropriate professional advice.

Quality of Artwork and Promotions


Each campaign must meet reasonable production standards (e.g. a campaign may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the viaGlamour Service, must be accurate and correct and must not include any content concerning non-viaGlamour activities, events, products, services or promotions. A campaign will be suspeded to prevent further orders if the production standard requested can not be met.

Charities/Fundraising


You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

Distribution


You agree and fully acknowledge that viaGlamour only provides a software logstics service to fulfill orders for existing products sourced from other cosmetics manufacturers. Products fulfilled by the Service are always supplied by third-parties without notice, warning, or disclosure about their origin or original manufacturer. The Service should be treated as an affiliate with zero liability over the product being forwarded through our service from the original manufacturer to the end customer. It should not be treated as an original manufacturer or distrubutor.

Regulations


The service relies on several third-party manufacturers for products and the information provided to the service about their products are not further audited by viaGlamour. All knowledge, certifications, claims, information, ingredients, and other public-facing information are provided to Service by third-party manufacturers such as Jordane Cosmetics or subsidiaries Nature's Own Cosmetics and can be changed regularly without notice to the Service or audits by the Service. The Service should be considered to be an affiliate where they further promote the original manufacturer product without being involved in the original product manufacturing cycle, ingredients selection, formulation, regulatory restrictions, labelling, manufacturing concerns, or distribution of information about the products made available to the Service as an affiliate partner. Information provided about shipping, restrictions, formulation, shipping restrictions, labeling, ingredients, or other policies are provided to the Service on a non-regular basis and the Service does not attempt to further validate or audit the original source of information. The Service, in good faith, relies on Canadian manufactures like Jordane Cosmetics for products and uses their provided information to grow the Service through affiliate and subscription sales to customers. We rely on authoritive enties like Health Canada to audit the manufacturing practices of the Service's partners but no additional verification work is conducted by the Service and thus no guarentees can be passed to any customer. For example, if the Service's partner indicates that a product is 'cruelty-free' those labels will be reused by the Service without the pursuit of verification from auditors and thus the Service assumes zero liability for the change of information, spec, or scope of the products or services involved in the Service. Information providedd or shown by the Service is subject to change at any time without direct notice. Any products shipped to the EU are under the assumption of being commercial samples for merchants. Any person or persons using the Service is responsible for their own registration through the cosmetic product notification portal or other regulation body and must provide the CPMP labels to the Service prior to accepting customer orders. Any orders recieved prior to being provided CPMP are considered to be sample orders that are not intended to be on the market, resale, available for sale, distribution, reshipment, carrier forwarding, auditing, marketing, or any other action conducted on the product after it has been originally received as a sample product.

Intellectual Property Complaints


Infringement Claims Between viaGlamour Users, Waiver of Claims: As a condition of using the viaGlamour Service, you agree to submit any and all infringement claims against viaGlamour users (so called “Copycat Claims”) pursuant to viaGlamour’s existing policies and procedures governing such claims. You further agree, as a condition of using the viaGlamour Service, to waive any and all claims against viaGlamour arising from alleged infringement by you or another viaGlamour user. In addition, you understand that viaGlamour may release your contact information to any viaGlamour User that satisfactorily alleges a violation of its rights under this section.

viaGlamour takes any allegations of infringement seriously. If viaGlamour receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that viaGlamour may terminate or delay your campaign, in its sole discretion. In addition, you understand that viaGlamour may release your contact information to any third party that satisfactorily alleges a violation of its rights.

viaGlamour’s Proprietary Rights


Service Content, Software and Trademarks

You are only authorized to use the viaGlamour Service for the purpose of engaging in business transactions with viaGlamour. You may not use any automated technology to scrape, mine or gather any information from the viaGlamour Service or otherwise access the pages of the viaGlamour Service for any unauthorized purpose. If you are blocked by viaGlamour from accessing the viaGlamour Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the viaGlamour Service or distributed in connection therewith are the property of viaGlamour, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

IP

The viaGlamour Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by viaGlamour, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the viaGlamour Service or the Service Content, in whole or in part. Any use of the viaGlamour Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by viaGlamour.

Trademarks

The viaGlamour name and logos are trademarks and service marks of viaGlamour (collectively the “viaGlamour Trademarks”). Other company, product and service names and logos used and displayed via the viaGlamour Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to viaGlamour. Nothing in these Terms of Service or the viaGlamour Service should be construed as granting any license or right to use any of viaGlamour Trademarks displayed on the viaGlamour Service, without our prior written permission in each instance. All goodwill generated from the use of viaGlamour Trademarks will inure to viaGlamour’s exclusive benefit.

Third Party Material

Under no circumstances will viaGlamour be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials. viaGlamour may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of viaGlamour, its users or the public.

Disclaimer of Warranties

YOUR USE OF THE viaGlamour SERVICE IS AT YOUR SOLE RISK. THE viaGlamour SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, viaGlamour EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Liability Statement

viaGlamour WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF viaGlamour HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VIAGLAMOUR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED YOUR MONTHLY PAID SUBSCRIPTION TO OUR SERVICE.

Termination

viaGlamour, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the viaGlamour Service and remove and discard any content within the viaGlamour Service, for any reason and at any time. Further, you agree that viaGlamour will not be liable to you or any third party for any termination of your access to the viaGlamour Service. If your account is terminated viaGlamour retains the right to contact your customers by email to assume responsibility for any customer questions or product concerns that can no longer be communicated through the terminated account to viaGlamour. Any account that is terminated will have, if any, their subscription cycle voided.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit viaGlamour in any way and will not attempt to do so or imply that you have the right to do so.

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