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Privacy Policy regarding use by Children

I. General

Cosmetics and More and its affiliated companies respects the privacy of every individual who visits this Web site, www.cosmeticsandmore.com (the "Site"), and all other Web sites owned, operated or maintained directly or indirectly by Cosmetics and More, including, cosmeticsandmore.com (the "Cosmetics and More Site"). Cosmetics and More has created this statement (the "Privacy Policy") to inform you of Cosmetics and More’s privacy practices and the terms and conditions under which data that we collect from you on the Cosmetics and More Site will be used, shared and otherwise treated. This Privacy Policy will also instruct you on how you can verify the accuracy, and control certain uses, of the information you provide to us on the Cosmetics and More Site. This privacy policy was last updated on August 27, 2004.

II. Collection and Use of Information

Personally Identifiable Information

When you visit the Cosmetics and More Site, you may be asked to provide certain personally identifiable information about yourself ("PII") for certain purposes such as providing the service for which your information was requested, or enhancing your experience on the Cosmetics and More Site (for a fuller description, see "Use of Your Information" below). PII may include your name, mailing address, e-mail address, and telephone number, and for online transactions, billing and shipping information, and credit card information.

Providing PII to the Cosmetics and More Site is on a strictly voluntary basis, however, if you opt not to provide the Cosmetics and More Site with certain PII (See procedures in Article VI below ("Opt-Out")), you may be unable to participate in certain promotions, receive product information, or buy products offered directly or indirectly through the Cosmetics and More Site.

You acknowledge and agree that your provision of Your Information to the Cosmetics and More Site will be subject to the terms of this Privacy Policy and that Cosmetics and More may use Your Information for the purposes stated herein, including carrying out the purposes for which such information was collected, which purposes may include any activity that Cosmetics and More, directly or indirectly, engages in from time to time, whether by itself or through third parties, and the right to share your PII with third parties. Additionally, you agree that your PII may be shared with any third party and you acknowledge that such third party may not be governed by the same policies as the Cosmetics and More Site. If you would rather us not share your PII with the any such third party, please do not submit information to the Cosmetics and More Site or let us know by following the "Opt-Out" procedures set forth in Article VI below. Please note that if we receive your "Opt-Out" correspondence after having shared your PII with a third party or transferred or otherwise disposed of it, Cosmetics and More may not have any ability to control the use of such data by such third party, so you agree that Cosmetics and More will have no responsibility or liability whatsoever as a result of the use of such data by such third party or such transfer or disposition. Therefore, if you are concerned about Cosmetics and More sharing your PII with third parties or otherwise transferring or disposing your PII, you should consider not providing your PII to Cosmetics and More.

Non-Personally Identifiable Information

In some cases, you may be requested to provide the Cosmetics and More Site with certain information about you that is not personally identifiable, such as your age, zip code, make-up preferences, shopping habits and other buying preferences, product and information preferences, and personal characteristics and other traits ("NPII", and together, with your PII, "Your Information"). We may also collect certain information about your use of the Cosmetics and More Site and other Web sites linked to the Cosmetics and More Site, such as the type of Internet browser or computer operating system you are using and the domain name of the Web site from which you linked to the Cosmetics and More Site.

We may also use a technology known as "cookies" (or any other technology now existing or hereafter developed providing similar tracking benefits to Cosmetics and More) to help you travel through the Cosmetics and More Site and other Web sites linked to the Cosmetics and More Site more easily and to help us understand how you and others use the Cosmetics and More Site and other Web sites linked to the Cosmetics and More Site. Specifically, we may use cookies (or such other technology) to: i) customize your visitation and shopping experience on the Cosmetics and More Site and other Web sites linked to the Cosmetics and More Site; ii) provide you with custom-tailored content; iii) notify you of certain promotions, products and services that Cosmetics and More and other companies believe may be of interest to you; and iv) for any other purpose permitted under applicable law from time to time. Cookies are used by almost every Web site for these and similar purposes. Most browsers are initially set to accept cookies. You may, however, disallow reception of cookies at any time by resetting your web browser. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored.

Use of Your Information

Cosmetics and More may store and process Your Information in order to carry out the purpose for which such information was provided, which purposes you acknowledge includes the general promotion, marketing, and advertising activities related to the products and services that Cosmetics and More (and other companies with which Cosmetics and More shares Your Information) makes available from time to time, as well as for purposes ancillary to such promotion, marketing and advertising activities and in connection with any other lawful activity that Cosmetics and More, directly or indirectly, engages in from time to time, whether by itself or through third parties. Further, you understand and agree that Cosmetics and More has the unrestricted right to use such data for any and all lawful purposes.

When you register on one of the Cosmetics and More Site, we may ask you to provide your name, e-mail address, mailing address, telephone numbers, and other PII. This allows the Cosmetics and More Site to maintain a user profile of each user so that we may customize preferences for each specific user, provide a faster method for Web visitors to submit information to Cosmetics and More (and receive back either the information or products desired by each such user), notify users about important functionality changes to the Cosmetics and More Site and about new products and services offered by Cosmetics and More and special offers that we believe users will find to be valuable, as well as generally allow us to better know our users and possibly tailor any specific features, promotions or other notifications to them.

Additionally, if you choose to make a purchase online or enter a contest, you may also be given the opportunity to receive additional information about Cosmetics and More (and other companies with which Cosmetics and More shares Your Personal Information, as discussed below) and other products and services that Cosmetics and More and such other companies have available from time to time. Certain services available on the Cosmetics and More Site may be provided by third parties, including without limitation, sub-contractors, authorized vendors, event co-sponsors and fulfillment companies, and Cosmetics and More may provide Your Information to such third parties in order to deliver the requested service to you. For example, if you choose to purchase products or services from the Cosmetics and More Site or Web sites linked to the Cosmetics and More Site, Your Information provided in connection with such purchase may be made available to an authorized vendor to fulfill that order. Cosmetics and More may also enhance or merge Your Information with data obtained from third parties, such as information provided by a co-sponsor of a particular promotion, which Cosmetics and More may use in pursuit of the broad purposes outlined in this Privacy Policy.

Cosmetics and More may also share Your Information with third parties that Cosmetics and More believes may be able to provide you with valuable product and service offers, based on Your Information. Additionally, in order to make the Cosmetics and More Site more enjoyable for visitors, Cosmetics and More constantly strives to learn how users use the Cosmetics and More Site and we may use the services of a third party, such as a data processor, for these purposes and you agree that Cosmetics and More may disclose Your Information to these third parties for these purposes. If you provide Your Information to the Cosmetics and More Site in connection with a promotion with another Web site or entity, you agree that Your Information can be used for the broad purposes set forth throughout this Policy Statement, including, without limitation, the sharing of Your Information with such other Web site or entity.

In addition to the foregoing circumstances, Your Information may be shared with employees, agents, and independent contractors of Cosmetics and More and/or with other third parties with whom Cosmetics and More does business from time to time, including customer support specialists, Web hosting companies, fulfillment companies, and data analysis firms, in connection with services that these individuals or entities perform for Cosmetics and More, for themselves or for any other lawful purpose. PII submitted to Cosmetics and More over the Cosmetics and More Site in connection with employment inquiries will be used only by Cosmetics and More and its employees, agents, independent contractors and/or other third parties in your application process and as may be required under applicable laws.

You also agree that Cosmetics and More may transfer, sell, assign or otherwise dispose of or encumber Your Information, including without limitation, PII that you provide to the Cosmetics and More Site, and other information concerning your use of the Cosmetics and More Site, to third parties, at any time in Cosmetics and More’s discretion, including, without limitation, as a result of the sale, merger, consolidation, change in control, transfer of all or substantially of the assets, bankruptcy, reorganization or liquidation of Cosmetics and More or for any other reason whatsoever. You would not be entitled to any compensation arising from any such transfer, sale, assignment, disposition or encumbrance of Your Information.

You may at any time tell us that you no longer want Cosmetics and More to share Your Information with third parties or that you no longer want to receive information on products and services by following the directions in the "Opt-Out" Section below.

Public Forums

From time to time you may be able to participate in certain activities on the Cosmetics and More Site, such as chat rooms or bulletin boards, which will allow you the opportunity to communicate with Cosmetics and More or other users of the Cosmetics and More Site. Unless otherwise noted, these activities are generally accessible to all users of the Cosmetics and More Site and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums. You acknowledge and agree that Cosmetics and More does not review, censor, or in any manner control the content of these forums and consequently Cosmetics and More has no liability or responsibility whatsoever for information made available through these forums and that you will be liable to Cosmetics and More for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to Cosmetics and More’s Terms and Conditions of Use.

III. Security

Cosmetics and More makes no commitment to you that would require Cosmetics and More to implement safeguards to protect Your Information from loss, misuse or alteration and Cosmetics and More makes no representations or warranties that Your Information will not be lost, misused or altered. In addition, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the Cosmetics and More Site, and the Cosmetics and More Site and you, will be free from unauthorized access by third parties. Users of the Cosmetics and More Site use these sites at their own risk.

In an attempt to enhance the experience of visiting the Cosmetics and More Site, Cosmetics and More may choose to link the Cosmetics and More Site to various third party Web sites. However, Cosmetics and More may have no control over the acts or omissions of these linked Web sites who each should have their own privacy policy and data collection practices, independent of Cosmetics and More and the Cosmetics and More Site. Cosmetics and More has no liability or responsibility whatsoever for these linked Web sites or for their policies, practices and content. Cosmetics and More provides these links for the convenience of the visitors to the Cosmetics and More Site and such visitors access these sites at their own risk.

IV. Children

Cosmetics and More is concerned about the safety of children when they use the Internet. However, the Cosmetics and More Site are neither directed nor targeted to children under 13 years old. Consistent with the Children’s Online Privacy Protection Act of 1998, Cosmetics and More has no intention to knowingly collect any PII (personally identifiable information, such as name, address, telephone number, age or email address) from individuals under the age of thirteen (13) years. If Cosmetics and More learns that a child under the age of 13 years has provided PII (personally identifiable information) to the Cosmetics and More Site without verifiable parental consent, Cosmetics and More will use commercially reasonable efforts to delete such information from its databases. We strongly encourage parents to monitor their children’s use of the Web and we will use our reasonable efforts to delete personally identifiable information that we have received from your under age 13 child from the Cosmetics and More Site and our files as set forth above if you send us a request as provided under Article VI below.

V. Contacting Us Regarding Your Personally Identifiable Information

If you have previously submitted PII to Cosmetics and More through the Cosmetics and More Site, and you would like to review, update, or have your PII information deleted from our databases, please contact us via one of the methods described on our Contact Us page, or send a letter to Consumer Affairs at Cosmetics and More, Inc., 1501 Williamsboro Street, Oxford, North Carolina 27565. Please note that we may share your PII with third parties, or otherwise transfer, sell, assign, dispose of or encumber your PII, prior to receiving your correspondence and we will not undertake any effort to cause such third parties with whom we have shared your PII or to whom we have transferred, sold, assigned, disposed of or encumbered your PII, to delete or update your PII, so if this concerns you, you should not share your PII with the Cosmetics and More Site.

VI. Opt-Out

If you (i) do not want to receive information about Cosmetics and More, (ii) do not want Cosmetics and More to provide your PII to other Web sites or entities that may be able to offer you valuable products or services or to transfer, sell, assign, dispose of or encumber your PII or (iii) want Cosmetics and More to delete any of your PII that you have submitted to the Cosmetics and More Site, please contact us via one of the methods described on our Contact Us page, or send a letter to Consumer Affairs at Cosmetics and More, Inc., 1501 Williamsboro Street, Oxford, North Carolina 27565. Because information submitted in connection with employment inquiries is used only in the application process and not for marketing purposes, the procedures outlined in this section are not available with respect to such information.

Please note that once we receive your request, it may take up to 6-8 weeks to become effective (during which time we will continue to use your PII as outlined in this Privacy Policy). In addition, if you ask us to remove your PII from our database, we may, however, maintain your name of other PII in a "do not mail" file to help us ensure that we can honor your request. Also, if you do not want Cosmetics and More to share your PII with third parties, or transfer, assign, sell, dispose of or encumber your PII, you must inform us that you also want your PII deleted from our databases. Otherwise, we will continue to use your PII as outlined in this Privacy Policy.

Additionally, please note that if we receive your email or other correspondence after having shared your PII with a third party, or after having transferred, sold, assigned, disposed of or encumbered your PII, Cosmetics and More may not have any ability to control the use of such data by such third party (and we undertake no obligation to do so), so you agree that Cosmetics and More will have no responsibility or liability whatsoever as a result of the use of such data by such third party. You also agree that Cosmetics and More shall have no responsibility, obligation or liability to you for sharing your PII with third parties or from transferring, selling, assigning, disposing of or encumbering your PII prior to Cosmetics and More’s implementing your "Opt-Out" notification. Therefore, if you are concerned about Cosmetics and More sharing your PII with third parties, or transferring, selling, assigning, disposing of or encumbering your PII, you should not provide such information to Cosmetics and More.

VII. Acceptance Of These Terms; Consent to Processing

By using the Cosmetics and More Site, you agree to this Cosmetics and More Privacy Policy and the Cosmetics and More Terms and Conditions of Use. If you do not so agree, please do not use the Cosmetics and More Site. If Cosmetics and More changes this Cosmetics and More Privacy Policy or the Cosmetics and More Terms and Conditions of Use, your continued use of the Cosmetics and More Site following the posting of such changes will signify your acceptance of those changes. By providing PII to Cosmetics and More, you fully and unambiguously consent to the collection and processing of Your Information throughout the world, including, without limitation, in the United States and in other countries that may be considered as having less than adequate protection for your PII.

VIII. Disclosure Pursuant to Law

Cosmetics and More may disclose Your Information when required to do so under applicable law.

IX. Inquiries

Cosmetics and More welcomes your feedback, questions, comments and concerns regarding your use of the Cosmetics and More Site and any third party Web sites linked to the Cosmetics and More Site. Inquiries regarding the Cosmetics and More Site may be made by contacting us via one of the methods described on our Contact Us page, or send a letter to Consumer Affairs at Cosmetics and More, Inc., 1501 Williamsboro Street, Oxford, North Carolina 27565. You can also send us your feedback on any third party sites linked to the Cosmetics and More Site.

X. Amendments To The Cosmetics and More Privacy Policy

PLEASE NOTE THAT WE MAY CHANGE OUR PRIVACY POLICY FROM TIME TO TIME TO CONFORM TO CHANGES IN THE LAW OR FOR OTHER REASONS, WHICH WE RESERVE THE RIGHT TO DO WITHOUT YOUR CONSENT AND SUCH REVISED POLICY WILL BE APPLICABLE TO ANY OF YOUR INFORMATION THAT YOU PROVIDE TO US, WHETHER BEFORE OR AFTER SUCH CHANGE IN THIS PRIVACY POLICY. ANY SUCH REVISED PRIVACY POLICY WILL BE POSTED ON THE Cosmetics and More Site. AS WE MAY MAKE CHANGES TO THIS PRIVACY POLICY FROM TIME TO TIME WITHOUT NOTIFYING YOU, WE ENCOURAGE YOU TO REVIEW THIS PRIVACY POLICY FROM TIME TO TIME TO STAY INFORMED ABOUT HOW WE USE AND PROTECT THE PII WE COLLECT.

TERMS OF USE

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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE Cosmetics and More WEBSITES.

This Web site (the "Site") and all other Web sites owned, operated or maintained directly or indirectly by Cosmetics and More, including, without limitation cosmeticsandmore.com (the "Cosmetics and More Site") are provided by Cosmetics and More, Inc. and/or its affiliated companies (collectively "Cosmetics and More") for your information, personal entertainment and non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the Cosmetics and More Site applicable to your use of the Cosmetics and More Site (as amended by Cosmetics and More from time to time, the foregoing being collectively referred to as the "Terms and Conditions").

By using the Cosmetics and More Site, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the Cosmetics and More Site and, accordingly, you should not do so. Cosmetics and More may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Such changed Terms and Conditions shall be posted on the Cosmetics and More Site. You should check these Terms and Conditions periodically for changes prior to using the Cosmetics and More Site. By using the Cosmetics and More Site following any modifications to these Terms and Conditions, you agree to be bound by any such modifications.

The Cosmetics and More Site are intended and directed to residents of the United States and all advertising and claims contained in the Cosmetics and More Site are valid only in the United States.

Unless otherwise noted, the content on the Cosmetics and More Site is intended for non-commercial purposes only. User agrees to use the Cosmetics and More Site only for lawful, noncommercial purposes. Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Cosmetics and More Site.

Impersonation of others, including, without limitation, a Cosmetics and More employee, host, or representative, as well as other members or visitors on the Cosmetics and More Site is prohibited. Users may not upload commercial content on the Cosmetics and More Site or use the Cosmetics and More Site to solicit others to join or become members of any other commercial online service or other online or offline organization.

All information concerning users of the Cosmetics and More Site is subject to our Privacy Policy. Please refer to our Privacy Policy whenever you provide information to the Cosmetics and More Site.

Cosmetics and More welcomes user comments, information and submissions. In addition, you and other users of the Cosmetics and More Site from time to time may have an opportunity to post certain knowledge, material, or commentary on the Cosmetics and More Site, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, "tips," and opinions. Subject to our Privacy Policy, all information and other content that you post on the Cosmetics and More Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site.

By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Cosmetics and More Site ("User Content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Cosmetics and More Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the Cosmetics and More Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Cosmetics and More Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the Cosmetics and More Site or servers or networks linked to the Cosmetics and More Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Cosmetics and More Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Cosmetics and More Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the Cosmetics and More Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (j) solicit other guests of the Cosmetics and More Site to become members of any commercial on line service or other group or organization.

You acknowledge and agree that User Content you view or post on the Cosmetics and More Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Cosmetics and More, and Cosmetics and More does not support or endorse any User Content or any other content or otherwise posted by you or any other user.

You acknowledge that Cosmetics and More does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the Cosmetics and More Site. However, Cosmetics and More and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in Cosmetics and More's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the Cosmetics and More Site may be purged periodically in Cosmetics and More’s sole discretion. Cosmetics and More is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the Cosmetics and More Site, whether created by Cosmetics and More or submitted to Cosmetics and More.

User Content includes the opinions, statements and other content of third parties, not Cosmetics and More. Cosmetics and More does not endorse any such opinions, statements or other content posted on or accessible through the Cosmetics and More Site. Cosmetics and More does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Cosmetics and More’s receipt or acceptance of any such materials.

Any User Content submitted by you to the Cosmetics and More Site will be deemed non-proprietary and non-confidential and may be used by Cosmetics and More without restriction. By submitting or sending information, material, or any other communication to Cosmetics and More including User Content, you grant Cosmetics and More the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Cosmetics and More and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the Cosmetics and More Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by Cosmetics and More. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with Cosmetics and More's Privacy Policy.

You understand that the technical processing and transmission of the Cosmetics and More Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Cosmetics and More assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Cosmetics and More Site.

You agree that you will not harvest, collect or store information about the users of the Cosmetics and More Site or the User Content or use such information for any purpose inconsistent with the purpose of the Cosmetics and More Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

As between Cosmetics and More and you, except for User Content, Cosmetics and More is the sole owner of all content on the Cosmetics and More Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Cosmetics and More Site ("Cosmetics and More Proprietary Material"). The compilation (meaning the collection, arrangement and assembly) of all Cosmetics and More Proprietary Material on the Cosmetics and More Site is the exclusive property of Cosmetics and More. The contents of the Cosmetics and More Site are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Cosmetics and More Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the Cosmetics and More Site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the Cosmetics and More Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Cosmetics and More Site or use of such materials for any other purpose is a violation of Cosmetics and More's copyright and other proprietary rights.

By using the Cosmetics and More Site, you agree to defend, indemnify, and hold harmless Cosmetics and More, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the Cosmetics and More Site or any service available on or through the Cosmetics and More Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Cosmetics and More Proprietary Material, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Cosmetics and More Site applicable to your use of the Cosmetics and More Site, by you.

You may be able to link to third party Web sites ("Linked Sites") from the Cosmetics and More Site. Cosmetics and More is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Cosmetics and More cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. Cosmetics and More does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Cosmetics and More be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Cosmetics and More reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Cosmetics and More Site and/or introduce different features or links to different users.

Other sites may link to the Cosmetics and More Site only through a plain-text link subject to the prior written approval of a duly authorized employee of Cosmetics and More. To seek our permission, please contact us at the address below. Cosmetics and More reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Cosmetics and More Site, at our discretion, with or without cause, at any time.

VISITORS TO THE Cosmetics and More Site AGREE THAT THEIR USE OF THE Cosmetics and More Site IS AT THEIR OWN SOLE RISK. THE Cosmetics and More Site ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Cosmetics and More (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE Cosmetics and More Site; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Cosmetics and More ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND Cosmetics and More HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE Cosmetics and More Site MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. Cosmetics and More AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE Cosmetics and More Site BY ANYONE OTHER THAN AUTHORIZED Cosmetics and More EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE Cosmetics and More Site, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE Cosmetics and More Site, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. Cosmetics and More DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE Cosmetics and More Site WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE Cosmetics and More Site WILL BE UNINTERRUPTED OR ERROR-FREE.

Cosmetics and More DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE Cosmetics and More Site. YOU (AND NOT Cosmetics and More OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL Cosmetics and More OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE Cosmetics and More Site, EVEN IF Cosmetics and More SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE Cosmetics and More Site. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Cosmetics and More’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING Cosmetics and More’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

Cosmetics and More controls and operates the Cosmetics and More Site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Cosmetics and More Site, visitors acknowledge that the Cosmetics and More Site, and all activities available on and through the Cosmetics and More Site, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Cosmetics and More Site are appropriate or available for use in other locations. Persons who choose to access the Cosmetics and More Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, and these Terms and Conditions, Cosmetics and More’s Privacy Policy and any other policies posted from time to time on the Cosmetics and More Site applicable to your use of the Cosmetics and More Site shall govern your use of the Cosmetics and More Site. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the Cosmetics and More Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Cosmetics and More or relating in any way to your use of the Cosmetics and More Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving Cosmetics and More or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Cosmetics and More Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. Cosmetics and More’s failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of Cosmetics and More. Cosmetics and More may assign its rights under these Terms and Conditions to any party at any time without notice to you.

Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Consumer Affairs at Cosmetics and More, Inc., 1501 Williamsboro Street, Oxford, North Carolina 27565. You agree that Cosmetics and More may send notices to you regarding your use of the Cosmetics and More Site by means of electronic mail, a general notice posted on the Cosmetics and More Site or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in Cosmetics and More’s records from time to time.

These Terms of Use were last updated on August 27, 2004.

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