TERMS & CONDITIONS

 

Anastasia Beverly Hills, Inc. ("ABH") welcomes you to the Anastasia Beverly Hills web site (the "Site"). ABH, its affiliates, subsidiaries, or designees, provide their services to you subject to the following conditions. If you visit or shop at the Site, you accept these conditions. Please read them carefully. In addition, when you use any current or future Site service or visit or purchase from any business affiliated with the Site, whether or not included in the Site, you also will be subject to the guidelines and conditions applicable to such service or business.

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ABH maintains the Site for your personal enjoyment, information, education and shopping convenience.

You are encouraged to use and enjoy the Site, and with your use of the Site you agree to these Terms of Use set forth below and the disclaimers and terms and conditions stated on the Site ("Terms of Use").

You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of ABH. It is strictly prohibited to download the images of the products for sale within this site.

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site is prohibited.

The Site is provided on an "AS IS," "as available" basis. Neither ABH nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") warrant that use of the Site will be uninterrupted or error-free. Neither ABH nor its associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, ABH makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. ABH specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by ABH, nor its associates, shall create a warranty. You expressly agree that use of the Site is at your sole risk.

Under no circumstances shall ABH or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of terrorism, acts of God, communications failure, theft, destruction or unauthorized access to ABH records, programs or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of ABH has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and ABH reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). ABH may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.

Content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and ABH owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

One or more patents mat be pending that apply to this site.

The ABH logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by ABH and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

ABH does not want to receive confidential, proprietary or trade secret information through the Site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the Site will be deemed non-confidential, and, by submitting any such information, you are granting ABH an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or are otherwise required by law to do so.

Certain software from the Site may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export 1) into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any Content derived from ABH to either a foreign national or a foreign destination in violation of any such laws.

The Site is created, operated and controlled by ABH in the State of California, United States of America. As such, the laws of the State of California will govern these Terms of Service without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Site and these Terms of Use at any time by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

The Web site address for the Site is http://www.anastasia.net.

References to ABH herein refer to any affiliates, subsidiaries and designees as deemed appropriate by ABH.

The Site contains, or may contain links to other third party sites. The links are meant to enable access to publicly available information to those who are allowed to the Site only. ABH makes no representations whatsoever about any other web sites which you may access through the Site. When you leave the Site, please understand that ABH has no control over the content on that web site. In addition, a link to a non-ABH web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. ABH makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

ABH understands that children need special safeguards and privacy protection. ABH realizes that children may not understand all the provisions of ABH's Terms of Use policy or be able to make thoughtful decisions about the choices that are made available to the adult users. Therefore, ABH strongly urges all parents to participate in their children's exploration of this Site, the Internet and any online services, and to teach their children about protecting their personal information while online. Furthermore, although the Site is not designed for use by children under the age of 13, ABH does not solicit personal information from children under the age of 13. ABH will not knowingly collect personally identifiable information from children under 13. In the event a parent or guardian believes that their child (under 13) has submitted or posted personally identifiable information and the parent or guardian wishes to have it deleted, please contact the Site's host. Furthermore, ABH may, at its sole discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

THESE TERMS OF USE REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND ABH REGARDING YOUR RELATIONSHIP WITH ABH AND SUPERCEDE ANY PRIOR STATEMENTS OR REPRESENTATIONS. ABH MAY AT ANY TIME REVISE THESE TERMS OF USE BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS OF USE TO WHICH YOU ARE BOUND. BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.