Terms of Use
Thank you for visiting our website which is owned and operated by nicoleandalyssa.com. Please read these terms of use carefully before using the services of this Website. THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.
These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.
By using the Site, you accept and are bound by these Terms of Use. If you are an employee or agent of an entity, you represent and warrant that you have the authority to bind such entity, and your acceptance of these terms of use shall be so binding upon such entity. If you do not agree, do not use this Site.
Pricing for Products and Services
In the event a product or service is listed at an incorrect price or with incorrect information, nicoleandalyssa.com reserves the right, at its sole discretion, and without liability to you, to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and whether or not your credit card has been charged or other payment has been accepted.
Governing Law
Except as otherwise provided herein, you agree that all matters relating to your access to or use of the Site, the nicoleandalyssa.com services, and the Agreements, including all disputes, will be governed by and construed in accordance with the laws of the United States and the State of California without regard to its conflict of law provisions. You and nicoleandalyssa.com shall endeavor to resolve through good faith negotiations any dispute arising under or relating to these Terms of Use before proceeding to binding arbitration. If a dispute cannot be resolved through such negotiations within a reasonable time, either party may request for claims to be resolved by binding arbitration to be conducted in Los Angeles, California by the American Arbitration Association (“AAA”), under applicable AAA rules then-in-effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. To begin an arbitration proceeding, either party must send the other party written notice requesting arbitration and describing such party’s claims.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. An arbitration decision may be confirmed by any court with competent jurisdiction
No Warranties
You assume total responsibility and risk when you use our Site. Our Site and services are provided on an “as is” and “as available” basis. You understand that nicoleandalyssa.com does not guarantee that anything on our Site will be free of infection or viruses that might damage or interfere with your computer, data or personal information.
nicoleandalyssa.com does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our Site, its contents, or any services provided through our Site.
Intellectual Property, Copyright, Trademark and Disclaimer Notices
The content of our Site including, but not limited to, text, design, graphics, logos, files, images, photos, video, software, code, and other proprietary content are all property of nicoleandalyssa.com and its business partners and others that have granted nicoleandalyssa.com the right and license to use it, and is protected by all applicable law concerning copyright, trademark, and other proprietary rights. All trademarks and trade names used on our Site are proprietary to nicoleandalyssa.com, its business partners, or others.
Site content may not be used except as provided in these Terms of Use, and no portion of the content may be reprinted, republished, or distributed in any form without the express written consent of nicoleandalyssa.com and/or its partners. You may not copy, reproduce, reverse engineer, decompile, transmit, distribute, license or create derivative works of the content of the Site or any portion thereof. You may not modify or alter the content in any way, or delete or change any copyright or trademark notice.
Copyright Infringement Claims
nicoleandalyssa.com respects the intellectual property of others and has taken steps to be compliant with the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”). A Designated Agent (as shown below) has been registered with the U.S. Copyright Office to receive notifications of allegations of infringement. You acknowledge that submitting a claim of copyright infringement may have serious legal consequences and submitting intentionally misleading reports of infringement may be punishable under the DMCA.
As required under Title 17, Section 512 (c) (3) (A) of the DMCA, a claim of copyright infringement must be in writing, and contain all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
Identification and description of the copyrighted work(s) claimed to have been infringed upon;
Identification and description of the material on our Site that is claimed to be infringing;
Information sufficient to permit us to locate the material on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
Information reasonably sufficient to enable us to contact you, the complaining party (Address, telephone number, and e-mail address);
A statement that you have a good faith belief that use of the infringing material is not authorized by the copyright owner, its agent, or the law; and
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.
Claims of copyright infringement, including all the above information must be submitted to:
copyright@nicoleandalyssa.com. nicoleandalyssa.com is not required to respond to notices that do not meet the above requirements of Title 17, Section 512 (c) (3) (A) of the DMCA.
Upon our receipt of a valid claim, in which all required information is provided, nicoleandalyssa.com will undertake to have the disputed material removed from public view. We will also notify the subscriber who posted the allegedly infringing material of the removal, and may take any other measures required or allowed by applicable law.
Your account:
When you set up an account, you are required to provide your name and email address and select a password (collectively, your “account information”), which you may not transfer to or share with any third parties. If someone accesses our site or services using your account information, we will rely on that account information and will assume that it is really you or your representative who is accessing the site and services. You are solely responsible for any and all use of your account information and all orders and activities that occur under or in connection with the account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the site and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the site or services under your account information that, if undertaken by you, would be deemed a violation of these terms of use. You may not use anyone else’s account at any time, without the permission of the account holder. Please notify us immediately if you become aware that your account information is being used without authorization. You agree not to register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity.
Product availability
the availability of the products and services described on the site, and the descriptions of such products and services, may vary based on location and timing.
These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.
By using the Site, you accept and are bound by these Terms of Use. If you are an employee or agent of an entity, you represent and warrant that you have the authority to bind such entity, and your acceptance of these terms of use shall be so binding upon such entity. If you do not agree, do not use this Site.
Pricing for Products and Services
In the event a product or service is listed at an incorrect price or with incorrect information, nicoleandalyssa.com reserves the right, at its sole discretion, and without liability to you, to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and whether or not your credit card has been charged or other payment has been accepted.
Governing Law
Except as otherwise provided herein, you agree that all matters relating to your access to or use of the Site, the nicoleandalyssa.com services, and the Agreements, including all disputes, will be governed by and construed in accordance with the laws of the United States and the State of California without regard to its conflict of law provisions. You and nicoleandalyssa.com shall endeavor to resolve through good faith negotiations any dispute arising under or relating to these Terms of Use before proceeding to binding arbitration. If a dispute cannot be resolved through such negotiations within a reasonable time, either party may request for claims to be resolved by binding arbitration to be conducted in Los Angeles, California by the American Arbitration Association (“AAA”), under applicable AAA rules then-in-effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. To begin an arbitration proceeding, either party must send the other party written notice requesting arbitration and describing such party’s claims.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. An arbitration decision may be confirmed by any court with competent jurisdiction
No Warranties
You assume total responsibility and risk when you use our Site. Our Site and services are provided on an “as is” and “as available” basis. You understand that nicoleandalyssa.com does not guarantee that anything on our Site will be free of infection or viruses that might damage or interfere with your computer, data or personal information.
nicoleandalyssa.com does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our Site, its contents, or any services provided through our Site.
Intellectual Property, Copyright, Trademark and Disclaimer Notices
The content of our Site including, but not limited to, text, design, graphics, logos, files, images, photos, video, software, code, and other proprietary content are all property of nicoleandalyssa.com and its business partners and others that have granted nicoleandalyssa.com the right and license to use it, and is protected by all applicable law concerning copyright, trademark, and other proprietary rights. All trademarks and trade names used on our Site are proprietary to nicoleandalyssa.com, its business partners, or others.
Site content may not be used except as provided in these Terms of Use, and no portion of the content may be reprinted, republished, or distributed in any form without the express written consent of nicoleandalyssa.com and/or its partners. You may not copy, reproduce, reverse engineer, decompile, transmit, distribute, license or create derivative works of the content of the Site or any portion thereof. You may not modify or alter the content in any way, or delete or change any copyright or trademark notice.
Copyright Infringement Claims
nicoleandalyssa.com respects the intellectual property of others and has taken steps to be compliant with the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”). A Designated Agent (as shown below) has been registered with the U.S. Copyright Office to receive notifications of allegations of infringement. You acknowledge that submitting a claim of copyright infringement may have serious legal consequences and submitting intentionally misleading reports of infringement may be punishable under the DMCA.
As required under Title 17, Section 512 (c) (3) (A) of the DMCA, a claim of copyright infringement must be in writing, and contain all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
Identification and description of the copyrighted work(s) claimed to have been infringed upon;
Identification and description of the material on our Site that is claimed to be infringing;
Information sufficient to permit us to locate the material on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
Information reasonably sufficient to enable us to contact you, the complaining party (Address, telephone number, and e-mail address);
A statement that you have a good faith belief that use of the infringing material is not authorized by the copyright owner, its agent, or the law; and
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.
Claims of copyright infringement, including all the above information must be submitted to:
copyright@nicoleandalyssa.com. nicoleandalyssa.com is not required to respond to notices that do not meet the above requirements of Title 17, Section 512 (c) (3) (A) of the DMCA.
Upon our receipt of a valid claim, in which all required information is provided, nicoleandalyssa.com will undertake to have the disputed material removed from public view. We will also notify the subscriber who posted the allegedly infringing material of the removal, and may take any other measures required or allowed by applicable law.
Your account:
When you set up an account, you are required to provide your name and email address and select a password (collectively, your “account information”), which you may not transfer to or share with any third parties. If someone accesses our site or services using your account information, we will rely on that account information and will assume that it is really you or your representative who is accessing the site and services. You are solely responsible for any and all use of your account information and all orders and activities that occur under or in connection with the account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the site and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the site or services under your account information that, if undertaken by you, would be deemed a violation of these terms of use. You may not use anyone else’s account at any time, without the permission of the account holder. Please notify us immediately if you become aware that your account information is being used without authorization. You agree not to register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity.
Product availability
the availability of the products and services described on the site, and the descriptions of such products and services, may vary based on location and timing.