Terms of Service
Last Revised: February 2019
The following Terms of Service constitute a legal agreement ("Agreement") between You and Phase One Advertising, LLC (hereinafter "POA") with respect to Your access to, and use of the lipsicosmetics.com (hereinafter "CS" or "Site") and any Services provided by or through the Site or POA.
BY VISITING AND USING THE SITE, You AGREE TO THESE Terms of Service; IF You DO NOT AGREE, DO NOT USE THE SITE.
By using and/or viewing the Site You represent and warrant that You are
at least 18 years of age and that You have the legal capacity to enter
into this Agreement. If You are under the age of 18, but at least 13
years of age, You may use the Site only under the supervision of a
parent or legal guardian who agrees to be bound by these Terms. The
Site is not intended for children under the age of 13. Entering this
site is Your agreement that You are aware of these terms and are of
legal age.
POA reserves the right to revise, amend, or modify these Terms
of Service and our other policies, guidelines, and rules at any time and in
any manner. Modifications shall become effective immediately upon posting on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Service as modified. You should periodically check this web page for any modifications regarding these Terms of Service by re-visiting this web page
and using the refresh button on Your browser. You should note the
date of last revision to this page, which appears at the top of this
page. If the last revised date remains unchanged, after You have
clicked the refresh button on his/her browser, You may presume that
no changes have been made since the last reading of the document. A
changed last revised date indicates that this document has been
updated or edited, and the updated or edited version supersedes any
prior versions immediately upon posting. You may use and access the
Site only in accordance with these Terms of Service. Please consult these
Terms of Service regularly and read them carefully before using the Site.
You affirm that You have read and understand, agree and consent to
these Terms of Service.
SITE PURPOSE AND USE
CS intends to allow Members to locate coupons, deals and advertisements on the website as well as provide the same for others. You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon code details in the CS directory and to grant CS a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.
REGISTRATION
As a condition to using various Services of the
Site, You may be required to register with the Site to become a Member
and provide various personally identifiable information such
as, but not limited to, name and email. You shall provide
the Site with accurate, complete, and updated registration information.
Failure to do so shall constitute a breach of the Terms of Service, which
may result in immediate termination of Your Membership account.
When registering for a Membership account and choosing an ID You may not (i) select or use as ad ID a name of another person with the intent to impersonate that person; (ii) use as an ID a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as an ID a name that is otherwise offensive, vulgar or obscene. CS reserves the right to refuse registration of, or cancel an ID in its discretion.
CS also reserves the right to
refuse registration of, or cancel Membership of any individual in its sole discretion.
You are entirely responsible for maintaining the confidentiality of
Your account information, including Your password, and for any and all
activity that occurs under Your account. You agree to notify CS
immediately of any unauthorized use of Your account or password, or any
other breach of security.
You may not use anyone else's Membership account at any
time. POA will not be liable for any loss or damage
arising from Your failure to comply with these obligations. Should You
register to become a Member You must not include the following items:
telephone numbers, street addresses, and last names of any person other
than You.
MERCHANTS
CS contains links to websites operated by third parties other than CS. When You activate one of them, You will leave the CS
Site. POA does not have control over, nor will accept responsibility for
or liability in respect of, material on any website that is not under
its respective control. The inclusion of links to third party sites
does not imply any endorsement of the material on them or any
association with their operators. Unless explicitly stated POA does not
endorse or otherwise take responsibility for any solicitation or
advertisement that is found on CS. All Members and users of CS are warned that any action that You take with respect to such solicitations or
advertisements is at Your own risk. As stated previously, the same
warning/disclaimer applies to solicitations and advertisements
contained on any third party website which may be accessed from a link
found on the Site.
SITE CONTENT
Subject to full compliance with the Terms of Service, CS may offer to
provide certain Services and Content, as described more fully on the
Site. Services shall include, but not be limited to, any
service and content CS performs for You, as well as the offering of
any materials displayed or performed on the Site (including, but not
limited to text, user comments, messages, information, data, graphics,
news articles, RSS feeds, photographs, video, images, illustrations,
software, audio clips and video clips, also known as the "Content" on
the Site).
CS may change, suspend or discontinue the Services and/or Membership Account Benefits including any Content for any reason, at any time, including the availability of
any feature or content. CS may also impose limits on certain features
and services or restrict Your access to parts or all of the Services, Content, or Membership Account Benefits
without notice or liability.
Except as expressly provided in these Terms of Service, no part of the Site
and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other computer,
server, Web site or other medium for publication or distribution or for
any commercial enterprise, without POA's express prior written
consent.
You may link to a webpage of CS, provided You do so in a
way that is fair and legal and does not damage our reputation or take
advantage of it or infringe any of the provisions of these Terms of
Service, but You must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part where none
exists. POA reserves the right to withdraw linking permission without
notice.
USE
As a condition of use, You promise not to use the Services for any
purpose that is unlawful or prohibited by these Terms of Service, or any
other purpose not reasonably intended by POA.
By way of example, and not as a limitation, You agree not to use the Services to:
abuse, harass, threaten, impersonate or intimidate other CS users;
"deep-link", "page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any
portion of the CS site or any CS site Content, or in any way reproduce or
circumvent the navigational structure or presentation of CS or
any CS Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available
through CS. POA reserves the right to bar any such activity;
contribute any Content that is infringing, libelous,
defamatory, obscene, pornographic, abusive, offensive or otherwise
violates any law or right of any third party;
post photographs containing offensive subject matter, such as, but not limited to, nudity or violence;
gain unauthorized access to any portion or feature of CS,
or any other systems or networks connected to CS or to any CS
server, or to any of the Services offered on or through CS, by
hacking, password mining; or any other illegitimate means;
use the site for any illegal or unauthorized purpose. If You
are an international user, You agree to comply with all local laws
regarding online conduct and acceptable content;
probe, scan or test the vulnerability of CS or any
network connected to CS, nor breach the security or
authentication measures on the Site or any network connected to CS. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to CS, or any other
customer of CS, including any CS account not owned by You, to
its source, or exploit CS or any service or information made
available or offered by or through CS, in any way where the
purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own
information, as provided for by CS;
post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password,
account, or private information from any site user;
take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of CS or
CS systems or networks, or any systems or networks connected to CS;
use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other persons use of the Site;
create or submit unwanted email ("Spam") to any other users or any URL;
violate any laws in Your jurisdiction (including but not limited to copyright laws);
submit stories or comments linking multi-level marketing schemes, sites/blogs repurposing existing stories
(source hops), or off-topic content;
use CS or any Content for any purpose that is unlawful
or prohibited by these Terms of Service, or to solicit the performance of
any illegal activity or other activity which infringes the rights of
POA or others;
use any (with the exception of accessing RSS feeds) robot,
spider, scraper or other automated means to access CS for any
purpose without our express written permission. Additionally, You agree
that You will not:
(a) take any action that imposes, or may impose in our sole discretion
an unreasonable or disproportionately large load on our infrastructure;
(b) interfere or attempt to interfere with the proper working of CS or any activities conducted on CS; or
(c) bypass any measures we may use to prevent or restrict access to CS, and
create separate user accounts with the intention of artificially
inflating the votes, ratings, counts, comments, or any other CS
service;
collect user names and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to CS may be investigated;
monitor or copy, or allow others to monitor or copy, CS web pages or the content included herein;
"frame" or otherwise simulate the appearance or function of CS.
TERMINATION
You agree that the Site may, with or without cause, immediately terminate Your Member account and/or access to the Site without prior notice. Without limiting the foregoing, the following will lead to a termination by the Site of an individuals use of the Site: (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of Your Member account and/or access to the Site includes removal of access to all offerings within the Site and may also bar You from further use of the Site. Furthermore, You agree that all terminations shall be made in POA and/or the Sites sole discretion and that POA shall not be liable to You nor any third-party for any termination of Your Individual use or Member account or access to the Site. Upon termination all of the Money in Your Member Account that has not yet been disbursed may be disqualified, at the sole discretion of CS. All provisions of the Terms of Service which by their
nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability. POA may disclose any
information we have about You (including Your identity) if we determine
that such disclosure is necessary in connection with any investigation
or complaint regarding Your use of the Site, or to identify, contact or
bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentional) POAs rights
or property, or the rights or property of visitors to or users of the
Site, including POAs customers. POA reserves the right at all times to
disclose any information that POA deems necessary to comply with any
applicable law, regulation, legal process or governmental request. CS
also may disclose Your information when CS determines that applicable
law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
PURCHASES, PROMOTIONS, and CONTESTS
Additional terms and conditions may apply to purchases of goods or
Services and to specific portions or features of CS, including
contests, promotions or other similar features, all of which terms are
made a part of these Terms of Service by this reference. You agree to abide
by such other terms and conditions, including where applicable
representing that You are of sufficient legal age to use or participate
in such Service or feature. If there is a conflict between these Terms
of Use and the terms posted for or applicable to a specific portion of
CS or for any Service offered on or through CS, the latter
terms shall control with respect to Your use of that portion of CS or the Service.
LINKS
CS may provide, links to
other World Wide Web sites or resources. Because POA has no control
over such sites and resources, You acknowledge and agree that POA is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that
POA shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource.
COPYRIGHT COMPLAINTS
POA respects the intellectual property of others. All material
found on the CS Site is subject to this Copyright and Intellectual
Property Policy. Except for that information which is in the public
domain or for which You have been given written permission, You may not
copy, exploit, modify, publish, transmit, distribute, perform, display,
communicate to members of the public or sell or lease any such
proprietary information found on CS.
If You believe Your work has been copied in a way that
constitutes infringement on the Site or via the Service offered through
CS, please provide the following information to POA at
[email protected], or POA LLC ("CouponSwapper"), 42257 Providence Ridge Drive, Chantilly, VA 20192.
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the site;
(d) Your 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 owner, its agent, or
the law; and
(f) a statement by You, made under penalty of perjury, that the
above information in Your Notice is accurate and that You are the
copyright owner or authorized to act on the copyright owner's behalf.
Once POA receives Your notice, it will thoroughly investigate
the matter and respond to You with its results, in no event later than
30 days after receipt of Your notice.
PRIVACY POLICY
CSs current privacy policy is available on CS (the "Privacy Policy"), which is incorporated by this reference.
WARRANTY DISCLAIMERS
You acknowledge that POA has no control over, and no duty to take
any action regarding: which users gain access to CS; Items sold
by Merchants, what effects the Content may have on You; how You may
interpret or use the Content; or what actions You may take as a result
of having been exposed to the Content. You release POA from all
liability for You having acquired or not acquired Content through CS. The Site may contain, or direct You to sites containing,
information that some people may find offensive or inappropriate. POA
makes no representations concerning any content contained in or
accessed through CS, and POA will not be responsible or liable
for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site. THE SERVICE, CONTENT, AND
SITE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO You.
POA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YouR USE OF THE SITE WILL PROVIDE
SPECIFIC RESULTS. THE SITE, SERVICE AND CSs CONTENT ARE DELIVERED ON
AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON
THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. POA CANNOT ENSURE THAT
ANY FILES OR OTHER DATA You DOWNLOAD FROM OR UPLOAD TO THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL POA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO
THE SITE, ITEMS SOLD, MERCHANTS, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS,
MONIES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER
ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) $10. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO You.
If, notwithstanding the other provisions of these Terms of
Use, POA is found to be liable to You for any damage or loss which
arises out of or is in any way connected with Your use of the Site or
any Content, POA's liability shall in no event exceed US $10.00. Some
jurisdictions do not allow limitations of liability, so the foregoing
limitation may not apply to You.
MISCELLANEOUS
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or Service offered on CS, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
If any of the provisions of these Terms of Service are held by a
court or other tribunal of competent jurisdiction to be void or
unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary and replaced with a valid provision that best
embodies the intent of these Terms of Service, so that these Terms of Service
shall remain in full force and effect. These Terms of Service constitute
the entire agreement between You and POA with regard to Your use of the
Site, and any and all other written or oral agreements or
understandings previously existing between You and POA with respect to
such use are hereby superseded and cancelled. POA will not accept any
counter-offers to these Terms of Service, and all such offers are hereby
categorically rejected. POA's failure to insist on or enforce strict
performance of these Terms of Service shall not be construed as a waiver by
POA of any provision or any right it has to enforce these Terms of Service,
nor shall any course of conduct between POA and You or any other party
be deemed to modify any provision of these Terms of Service. These Terms of
Service shall not be interpreted or construed to confer any rights or
remedies on any third parties.
No agency, partnership, joint venture, or employment is
created as a result of the Terms of Service and You do not have any
authority of any kind to bind POA in any respect whatsoever. The
failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights
hereunder. POA shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond
POAs reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including
line-noise interference). If any provision of the Terms of Service is
found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that the Terms of Service
shall otherwise remain in full force and effect and enforceable. The
Terms of Service is not assignable, transferable or sublicensable by You
except with POAs prior written consent. POA may transfer, assign or
delegate the Terms of Service and its rights and obligations without
Your consent, as well as the Site, Database, Your Member Account and information. The Terms of Service shall be governed by and construed in
accordance with the laws of the state of Nevada as if made within
Nevada between two residents thereof, and the parties submit to the
exclusive jurisdiction of Nevada. Notwithstanding the foregoing
sentence, (but without limiting POAs right to seek injunctive or other
equitable relief in any court of competent jurisdiction), in POAs sole discretion any disputes
arising with respect to this Agreement may be referred to an
arbitrator affiliated with JAMS. The arbitrator shall be selected by
joint agreement of the parties. In the event the parties cannot agree
on an arbitrator within thirty (30) days of the initiating party
providing the other party with written notice that it plans to seek
arbitration, the parties shall each select an arbitrator affiliated
with JAMS, which arbitrators shall jintly select a third such
arbitrator to resolve the dispute. The written decision of the
arbitrator shall be final and binding on the parties. The arbitration
proceeding shall be carried on and heard in Las Vegas, Nevada, using
the English language and pursuant to the rules of JAMS. In any action
or proceeding to enforce rights under the Terms of Service, the prevailing
party will be entitled to recover costs and attorneys; fees. Both
parties agree that the Terms of Service is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements, communications and
other understandings relating to the subject matter of the Terms of
Use, and that all modifications must be in a writing signed by both
parties, except as otherwise provided herein.
INDEMNITY
You agree to indemnify and hold POA, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss,
liability, claims or expenses (including attorneys fees), made
against POA by any third party due to or arising out of or in
connection with Your use of CS, including, but not limited to,
Your Content, and Items You may purchase from Merchants.
YOUR IDEAS
Neither POA nor any of its employees accept or consider unsolicited
ideas, including ideas for new advertising campaigns, new promotions,
new or improved products or technologies, product enhancements,
processes, materials, marketing plans or new product names. Please do
not send any original creative artwork, suggestions or other works. The
sole purpose of this policy is to avoid potential misunderstandings or
disputes when POAs products or marketing strategies might seem similar
to ideas submitted to POA.
If, despite our request that You not send us Your ideas, You
still send them, then regardless of what Your letter says, the
following terms shall apply to Your idea submission.
1. Your ideas automatically become the property of POA, without compensation to You; and
2. POA can use the ideas for any purpose and in any way, even give them to others.
To report Terms of Service abuse, please email:
[email protected]
The information contained in this web site is subject to change without notice.
Copyright 2019 Phase One Advertising LLC. All rights reserved.