Terms & Conditions

This is the legal document that binds users to the terms and conditions of use of this web site.

Please read it carefully and advise if you are not in agreement with these terms and conditions. If you continue to use the web site you will have been deemed to have agreed with these terms and conditions and be bound by them.

Use of Web Site

Welcome to the internet site of XOTIQ cosmetics, LLC. Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the XOTIQ cosmetics, LLC Website that govern particular offers or features (e.g. contests and registration) ("Promotional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Agreement") all of which collectively govern your use of and access to all of the XOTIQ cosmetics, LLC Website and any and all content, data and information contained therein. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY XOTIQ COSMETICS, LLC, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE XOTIQ COSMETICS, LLC WEBSITE.

We may change this agreement

XOTIQ cosmetics reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access the XOTIQ cosmetics website.

Links that are on this web site

XOTIQ cosmetics, LLC is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from the XOTIQ cosmetics, LLC Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.

If you reside in USA or other countries

Unless otherwise explicitly specified on the XOTIQ cosmetics, LLC Website, the information on the XOTIQ cosmetics, LLC Website are intended solely for use and access by persons residing in the USA, its territories and possessions. XOTIQ cosmetics, LLC controls and operates its Website from offices located in the USA and makes no representations or warranties that the information, products or services contained on the XOTIQ cosmetics, LLC Website is appropriate for use or access in other locations. Anyone using or accessing the XOTIQ cosmetics, LLC Website from other locations do so on their own initiative and are responsible for compliance with the United State laws, if and to the extent applicable.

The public part of this Web Site is designed for personal use. The password protected sites are designed for professional use.

The XOTIQ cosmetics, LLC Website and its contents are intended solely for personal, non-commercial use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the XOTIQ cosmetics, LLC Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by XOTIQ cosmetics, LLC or by third parties who have licensed their materials to XOTIQ cosmetics, LLC and are protected by the United States and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the XOTIQ cosmetics, LLC Website is the exclusive property of XOTIQ cosmetics, LLC and is protected by the United States and international copyright laws. Except as solely provided in the next sentence, no material from the XOTIQ cosmetics, LLC Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access the XOTIQ cosmetics, LLC Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access the XOTIQ cosmetics, LLC Website in a manner that could damage, disable, overburden, or impair any Company server or the networks connected to any Company server; (o) interfere with any third party's use and enjoyment of the XOTIQ cosmetics, LLC Website; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means.

You may NOT copy ANY material from this web site

Unless authorized in writing you must not copy, paste, or otherwise use material on this web site. You may print copies but only for personal non-commercial use. You may not store or retrieve any material on this web site.

Passwords, Registration, Authorization and Access

To enter certain portions of the XOTIQ cosmetics, LLC Website, you may be required to submit an on-site registration form, which may include, without limitation, your name, address, email address, age, gender and/or credit card information ("Application"). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by XOTIQ cosmetics, LLC from time to time. Please note that XOTIQ cosmetics, LLC may use any Application information in accordance with its Privacy Policy.

XOTIQ cosmetics, LLC will review the Application and determine, in XOTIQ cosmetics, LLC's sole discretion, whether to accept the Application. XOTIQ cosmetics, LLC shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the XOTIQ cosmetics, LLC Website at any time for any reason. Upon acceptance of your Application by XOTIQ cosmetics, LLC, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the XOTIQ cosmetics, LLC Website.

Changing of User Ids/Passwords

XOTIQ cosmetics, LLC reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify XOTIQ cosmetics, LLC immediately about any unauthorized use of your Password or any breach of security. You further agree that XOTIQ cosmetics, LLC shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than XOTIQ cosmetics, LLC.

Charges and Payment

In certain instances, as part of XOTIQ cosmetics, LLC's acceptance of your Application, XOTIQ cosmetics, LLC may charge a user, subscription or other fee. In those instances where a fee may be charged, XOTIQ cosmetics, LLC will notify you of the fee prior to your submission of your Application, and your submission of your Application will serve as your authorization for XOTIQ cosmetics, LLC to charge your credit card automatically for the fee. In some cases, the fee may be a recurring fee, and your submission of your Application authorizes XOTIQ cosmetics, LLC to charge your credit card on such recurring basis for the applicable fees. If XOTIQ cosmetics, LLC does not receive payment from the card issuer, you agree to pay XOTIQ cosmetics, LLC all amounts due upon demand. XOTIQ cosmetics, LLC may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable attorneys' and collection fees arising from XOTIQ cosmetics, LLC efforts to collect any past due amounts from you to the extent allowed by law.

Disclaimer

THE XOTIQ COSMETICS, LLC WEBSITE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. XOTIQ COSMETICS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE XOTIQ COSMETICS, LLC WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. XOTIQ COSMETICS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. XOTIQ COSMETICS, LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY XOTIQ COSMETICS, LLC WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE XOTIQ COSMETICS, LLC WEBSITE OR THE SERVER THAT MAKES THE XOTIQ COSMETICS, LLC WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. XOTIQ COSMETICS, LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE XOTIQ COSMETICS, LLC WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE XOTIQ COSMETICS, LLC WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL XOTIQ COSMETICS, LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE XOTIQ COSMETICS, LLC WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF XOTIQ COSMETICS, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT XOTIQ COSMETICS, LLC, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL XOTIQ COSMETICS, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED US DOLLARS ($100.00).

User Submissions, Postings and Email Communications All submissions, postings and email communications to or through the XOTIQ cosmetics, LLC Website shall be subject to the XOTIQ cosmetics, LLC Privacy Policy, which is incorporated into this Agreement by this reference.

Coupon Codes

Unless otherwise specified, Coupon Codes are limited to one use per customer, and may not be used in conjunction with any other offer.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD XOTIQ COSMETICS, LLC AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THEN XOTIQ COSMETICS, LLC WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Term and Termination

XOTIQ cosmetics, LLC shall have the right to terminate your access to, and use of the XOTIQ cosmetics, LLC Website immediately, if, in its sole discretion, XOTIQ cosmetics, LLC believes that your conduct fails to conform with this Agreement. XOTIQ cosmetics, LLC also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the XOTIQ cosmetics, LLC Website.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the XOTIQ cosmetics, LLC Website; and (b) as applicable, pay any amounts owed to XOTIQ cosmetics, LLC in full within thirty (30) days from the date of such termination.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY XOTIQ COSMETICS, LLC WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of XOTIQ cosmetics, LLC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit XOTIQ cosmetics, LLC's rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. XOTIQ cosmetics, LLC may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without XOTIQ cosmetics, LLC's prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be modified except in writing, signed by both parties.