Terms of Service

Transparency matters

Read our privacy policy & terms to learn how viaGlamour protects your data and what you should expect from our services. If you have questions send us an email to hey@viaglamour.

We love helping entrepeneurs.

Frequently asked questions

Is there a setup fee?

None! You can start and cancel your subscription whenever you want. There are no contracts, hidden fees, or additional costs to changing your designs.

What plan do I need to sell eyeshadows?

If you'd like to sell products like the eyeshadows, lash serums, or mascaras you'll need to signup for the pro plan.

Will products always use my branding?

Yes! All of the products we ship to your customers will only use your branding with zero mentions of viaGlamour on them.

Are there are minimum order amounts?

None. Customers can order any quantity from your shop and we'll fulfill the order.

Can I bulk order my products for retail?

Yes! You can order any of your products at any quanty after you've subscribed to a paid plan. For shops exclusively operating a retail store please reach out to support for bulk offerings.

How can merchants contact you if they have additional questions?

We're available by email hey@viaglamour.com and phone at +1 866 217 1477. If you contact us please provide two alternative methods of reaching you in cases where your reply-email does not exist.

Are your products certified for resale?

While we do our best at following guidelines provided by agencies like Health Canada, we can't provide a guarantee that our shipments adhere to all of the required standards from other countries, regions, govertments, or customs policies. Products are sold as-is to merchants.

What are custom product stickers?

Every product formula has a default name; A strawberry flavored lip conditioner we manfucturer would be called 'Strawberry' on it's physical packaging. On Pro plans you can register your own product names that'll appear on products instead of our defaults.

What are the limits on the free plan?

You're limited to (1) sample order of a product while you're on the free plan.

Are there any subscription discounts?

Yes! You can save a significant portion of subscription fees by purchasing an annual plan with viaGlamour.

What is the refund policy?

We offer an unlimited trial and an opportunity to try any any products prior to susbcribing. If you decide to subscribe to viaGlamour you can cancel your susbcription anytime by emailing hey@viaGlamour.com with your username. Refunds are not provided if you cancel your subscription with us and any added funding on your account will indefinetly remain on your account without being returned.

What information do you collect through Shopify’s APIs?

We provide a list of every data source that becomes visible to viaGlamour during the app installation process. After installing our app we'll begin collecting data such as (but not limited to) customer orders, fulfillment requests, and tracking number requests. All of this information is stored indefinitely to ensure our app can provide our advertised service to your shop.

What information do you collect directly from the merchant? For example, do you ask them for contact details?

We collect information saved on your Shopify profile like first name, last name, phone number, contact email, and other details avaiable to our app through Shopify API's. Any information you provide to us through conversations like email are also linked to your account. You can request this information to be deleted if your account is in good-standing by contacting us.

Privacy Policy

August 23rd 2019

Learn how viaGlamour uses your data.

Introduction

Welcome to viaGlamour! viaGlamour Ltd, "viaGlamour", is a global company offering an internet-based service (the “viaGlamour Service”) that allows campaign creators (“sellers”) to design certain products and promote the sale of those products to consumers (“buyers”) around the world through individual campaigns. This Privacy Policy applies to the viaGlamour Service, operated by viaGlamour, Inc. and its subsidiaries (collectively, “viaGlamour”), and located at viaGlamour.com (and other regional URLs).

This Privacy Policy describes how viaGlamour collects and uses the information we obtain when you use the viaGlamour Service. It also describes the choices available to you regarding our use of your Personal Information and how you can access and manage that information. This Privacy Policy is part of and is governed by our Terms of Service, which you accept in order to transact with us. Your acceptance of this Privacy Policy includes your consent to our use of cookies and other similar technologies as described in this document.

To note, our site may include links to other web sites whose privacy practices may differ from those of viaGlamour. Because the use of your information is governed by their privacy policies, we encourage you to read each policy carefully. We are not responsible for the policies or practices of any third party website or service.

Information We Collect

Information You Provide to Us

“Personal Information” means information that alone or in combination with other information may be used to readily identify, contact, or locate you. The Personal Information we collect will be different depending on your activities on the viaGlamour Service. For example, to register as a seller on our service, we will collect your name and email address. If you register using a sign-in service or a social media platform such as Facebook, we will collect the information needed to authenticate your account and any other information the platform provides in that process. If you launch a successful campaign, we may collect additional Personal Information as needed to send you and the applicable tax authorities an income tax reporting statement. If you make a purchase through the viaGlamour Service, we will collect your name, email address, shipping address and payment information such as credit card number and billing address. We may also collect Personal Information you provide about other people, such as their name and physical address (for example, when we ship a gift at your request). This Personal Information is used for the sole purpose of completing your request.

Automated Technologies

“Site Information” means information received and recorded on our server logs from your browser, including your IP address, browser type, the date and time of the use, the pages you visit, the page you came from and go to when leaving the viaGlamour Service, your operating system and information about your mobile device. We may combine this automatically collected log information with other information we collect about you. In addition, we also automatically collect Site Information when you access or use the viaGlamour Service. We (and our vendors) collect that information using cookies, pixel tags, web beacons, embedded web links, and similar technologies. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our service may be limited. We viaGlamour and our partners use technologies such as cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. We also use cookies for our shopping cart, to remember users’ settings (e.g. language preference), for authentication and other similar services. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our service may be limited.

viaGlamour Tools

“Performance Information” means information we collect through certain tools that we provide to our sellers. Where a seller requests the use of a particular tool (e.g. an advertising analytics tool for use with ad platforms), then viaGlamour will collect additional data based on the operation of that tool (e.g. advertising conversion information from the applicable ad platform).

viaGlamour Apps

viaGlamour Service includes free tools that include DispatchCore. All files you upload to DispatchCore are kept forever unless notified by email by the original uploader to delete those photos.

Blog

The viaGlamour Service may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at hey@viaGlamour.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

How We Use Your Information

In general, we use Personal Information to provide the viaGlamour Service to you, including, to establish and administer your account, to fulfill your order and send you an order confirmation, to pay you any royalties earned and to respond to customer service requests. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at hey@viaGlamour.com. You may not opt-out of the transactional emails viaGlamour sends in connection with your use of the viaGlamour Service (e.g. email notification of individual account activity, such as shipment of an order, or broader account notifications such as changes to viaGlamour’s policies). We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. We use Performance Information to analyze and better understand the characteristics of successful offerings and campaigns and to improve the performance of our sellers and the overall viaGlamour Service. viaGlamour does not collect Personal Information about your online activities over time, across different web sites. Accordingly, viaGlamour does not currently respond to “do not track” browser requests. viaGlamour processes Personal Information in Canada. Please note that you are agreeing to the transfer of your Personal Information to Canada and other locations throughout the world. Your Personal Information will be processed in accordance with this Privacy Policy. viaGlamour participates in the Safe Harbor program maintained by the US Department of Commerce and the European Union and has certified that it adheres to the program’s privacy principles.

Information Sharing

We will share information we collect, including your Personal Information, as needed to provide the viaGlamour Service to you. We will also share your Personal Information with your permission. Otherwise, we do not rent, sell or share your Personal Information with third parties and specifically will not share your Personal Information for their direct marketing purposes without your consent.

Sellers

We may share aggregate, anonymized Site Information, Performance Information or other information with our sellers to help them improve their performance through the viaGlamour Services. We will not share Personal Information with our sellers without your express consent.

Strategic Partners

We may share aggregate, anonymized data with certain marketing and content licensing partners. Where a partner or agency compensates sellers directly, we will also share performance data with the partner to enable those payments. For example, every page view on viaGlamour is anonymized and sent to partners like Snapchat through services like Snapchat Pixel. These services can not be opt-out from viaGlamour unless the original company, like Snapchat, is contacted by the vendor, merchant, or user of the Service.

Vendors and Service Providers

To provide you with the viaGlamour Service, we share information, including Personal Information, with third party vendors and service providers. For example, we provide Personal Information to companies that help us with our business activities, such as marketing, payment processing and fulfillment. We will use reasonable efforts to ensure those companies use your Personal Information only as necessary.

As Required by Law and Similar Disclosures

In certain situations, viaGlamour may be required to disclose personal data in response to lawful requests by public authorities, including meeting law enforcement requirements. We may access, preserve, and disclose your Personal Information and content if we believe doing so is required or appropriate to comply with law enforcement requests, such as a court order or subpoena, bankruptcy proceedings, or similar legal process or when we believe in good faith that disclosure is necessary to protect our rights or the rights of others. Specifically, we may disclose your information to a complainant who alleges that your activities have violated their rights or policies (e.g. where your campaign or advertisement is the subject of an investigation). We may also disclose your information where you have alleged violation of your rights by another party.

Merger, Sale or Other Asset Transfers

If viaGlamour is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. We may also disclose your personal information to any other third party with your prior consent.

Manage Your Information

Upon request viaGlamour will provide you with information about whether we hold any of your personal information. If you would like to update or modify any Personal Information you have provided to us, you can do so in the account settings tab of your dashboard or by contacting us. For your protection, we will require some proof of your identity to obtain any Personal Information hosted on our site. Additionally, you may deactivate your account by contacting us. At your request, we will remove your Personal Information, provided we have no outstanding business or other obligation requiring such information. We will respond to your request within a reasonable timeframe.

Children's Privacy

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age without parental consent, and no part of the viaGlamour Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at hey@viaGlamour.com.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security

The security of your Personal Information is important to us and we take reasonable steps to ensure that it is treated accordingly. However, we cannot ensure the security of any information provided to us. We do not accept liability for unintentional disclosure. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the viaGlamour Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the viaGlamour Service or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (ie, to withdraw your consent from receiving electronic notice), please notify us at privacy@viaGlamour.com. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at hey@viaGlamour.com.

Notification of Privacy Policy Changes

viaGlamour may periodically make changes to this Privacy Policy that will be posted on our website (viaGlamour.com) or communicated to you through other reasonable means (e.g. email or mobile alerts). We encourage you to periodically review this page for the latest information on our privacy practices.

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Terms of service

January 21st 2020

Learn how viaGlamour operates storefronts.

Privacy PolicyAsk QuestionsFormulations

Introduction

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and viaGlamour Ltd. So please read them carefully and know that viaGlamour's support team is always available to help answer your questions.

By using viaGlamour or viaGlamour's apps or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.

viaGlamour’s service (the “viaGlamour Service”) is located at viaGlamour.com and is operated by viaGlamour Ltd. and its subsidiaries (collectively, “viaGlamour”). The viaGlamour Service provides sellers (the “Shop Owners”) with the ability to create and sell cosmetics, merchandise, and beauty products (collectively, “Campaigns”) and buyers with the ability to find and purchase products. Campaigns may be sold on private-label stores hosted on viaGlamour, third-party sites, or retail locations (collectively, “Storefronts”) without notice to the buyers that the products included in the Campaign that are being purchased have or will include viaGlamour's involvement. We offer the viaGlamour Service subject to the following Terms of Service, specifically including viaGlamour’s Privacy Policy. If you do not agree to these Terms of Service, you are not authorized to use the viaGlamour Service including any. To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.

Use of the viaGlamour Service

Information You Provide

Certain features of the viaGlamour Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify viaGlamour of any unauthorized use of your password or account or any other breach of security. viaGlamour reserves the right to terminate accounts and/or campaigns that are inactive for six (6) months or more.

Multiple Member Accounts Prohibited

Operating and maintaining multiple member accounts is prohibited.

Abusive Behavior

Abusing other members within viaGlamour's shop ecosystem, support agents, or third-party contractors in any form is prohibited.

Misuse of Member Account

If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, fail to comply with the Terms of Service or any other viaGlamour policies, or otherwise use the service in an excessive or unreasonable way, viaGlamour may, in its sole discretion, cancel your campaigns, suspend services, delete association with your domain, deny request for support, suspend your use of viaGlamour tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.

Age Requirement

If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the viaGlamour Service only with the approval of your parent or guardian.

Applicable Laws

In connection with your use of the viaGlamour Service, you will comply with all applicable laws, regulations and industry standards. General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by viaGlamour in connection with your use of the viaGlamour Service. viaGlamour may establish general practices and limits concerning use of the viaGlamour Service. viaGlamour reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content anywhere. How broad that license is depends on which Services you use and the Settings you have selected.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content anywhere. How broad that license is depends on which Services you use and the Settings you have selected.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

Buyers through viaGlamour’s platform

Payment

If you purchase any merchandise through the viaGlamour Service, you will be required to provide viaGlamour information regarding your credit card or other payment instrument. You represent and warrant to viaGlamour that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes and import fees associated with your purchase of merchandise through the Service.

Loss and Cancellation

Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

Returns

You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

Waiver

Your purchase of an item using the viaGlamour Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

For viaGlamour Shop Owners

The viaGlamour Service allows shop owners to create a shop, product pages and sell merchandise through "Campaigns". A campaign viaGlamour’s internal term to define any product in a shop owner’s catalog or online store. A campaign can be any combination or single cosmetics product with variable sale durations, available, and prices set by the shop owner in collaboration with viaGlamour’s service. Following are specific obligations concerning the initiation of any campaign. To the extent any campaign violates these Terms of Service, we may choose to terminate, delay or modify the campaign in our discretion without notice.

Your Right to Conduct a Campaign

By creating a campaign through the viaGlamour Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide viaGlamour with evidence of your Campaign Rights upon request.

Ownership

viaGlamour does not claim any ownership rights in the content you upload to the viaGlamour Service. Please maintain copies of all of your works. viaGlamour has no responsibility or liability for the deletion or failure to store any content or information uploaded to the viaGlamour Service. viaGlamour retains all ownership rights of all photography generated by the Service and may not be used by you, other than in connection with your campaigns on the viaGlamour Service, without viaGlamour’s express written consent. Campaigns may be associated with the viaGlamour service but that does imply viaGlamour claims ownership rights. Third party services such as Google may link campaigns to viaGlamour, but that does mean viaGlamour is liable for the content seen on the connected campaigns.

Licenses

For the purpose of fulfulling customer orders with products that may use third-party licenses or properties, you hereby grant viaGlamour a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, sell, modify the content you sent to the viaGlamour Service (including all related images, text, content and information).

Subscription Payments

Subscribing to viaGlamour lets shop owners begin selling products through the viaGlamour service. Subscription payments are non-refundable and you acknowledge that actual cost of fullfilment, such as shipping and formulation, may be an extra cost that will never be included in the subscription rates offered by viaGlamour to license it's services.

Payment

If you purchase any merchandise through the viaGlamour Service, you will be required to provide viaGlamour information regarding your credit card or other payment instrument. You represent and warrant to viaGlamour that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes and import fees associated with your purchase of merchandise through the Service.

Order funding

Merchants on the Service can optionally add Funds to their account that are used to pay for an order's formulation, production, and shipping expense automatically. Adding these fudns are non-refundable action and the merchant understands that any funds added to viaGlamour will only be used for the production of their orders. Funds are non-transferable to other Services or associated Partner Services and are only deducted for the production of orders recieved on the Service's platform.

Acceptable Use; Indemnity

Your use of the viaGlamour Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that viaGlamour has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on viaGlamour’s internal policies (for example, viaGlamour may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or viaGlamour may apply such funds to any judgment or settlement, and/or the reimbursement of viaGlamour’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with viaGlamour in such activities. Without limiting the foregoing, you also agree to indemnify and hold viaGlamour harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any other part of these Terms of Service.

Affiliates

viaGlamour Ltd. and their partners may offer promotions on their affiliate network to existing customers to incentivize the purchase of goods and services from third-party services. The company, partners, and all parties involved can not guarantee that the discounts can be redeemed by each customer or the duration of the promotion it lasts for. All partners involved are not liable for any damages or false advertising if the product being promoted cannot be purchased or doesn't meet the promotion advertised by partners. Every purchase made for an affiliate product is made at the user's own risk. viaGlamour Ltd. and all of the involved parties such as LogoCore cannot provide any guarantees that the affiliate promotions will work as described. For a detailed example: viaGlamour Ltd and their partners is not responsible for any loss of goods, damaged property, or liability if you purchase a promoted product offered by an affiliate network such as TradeDoubler and the product and services being purchased does not function as initially advertised.

Links to other websites

viaGlamour's webite and their partners website such as LogoCore may contain links to third parties’ websites. The links are included for your convenience only. viaGlamour does not monitor such websites and assumes no liability whatsoever for the content or opinions expressed on those websites. You access and use any linked website on your own risk.

Information on the Site

You must not treat information on the Site as comprehensive. Any forward-looking statements made on viaGlamour's site are based on our best judgment but are subject to a number of uncertainties as well as events beyond viaGlamour's or their affiliate partners' control. You use the information on your own risk and viaGlamour requests you never to rely on the information (or any part thereof) without first taking appropriate professional advice.

Quality of Artwork and Promotions

Each campaign must meet reasonable production standards (e.g. a campaign may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the viaGlamour Service, must be accurate and correct and must not include any content concerning non-viaGlamour activities, events, products, services or promotions. A campaign will be suspeded to prevent further orders if the production standard requested can not be met.

Charities/Fundraising

You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

Distribution

You agree and fully acknowledge that viaGlamour only provides a software logstics service to fulfill orders for existing products sourced from other cosmetics manufacturers. Products fulfilled by the Service are always supplied by third-parties without notice, warning, or disclosure about their origin or original manufacturer. The Service should be treated as an affiliate with zero liability over the product being forwarded through our service from the original manufacturer to the end customer. It should not be treated as an original manufacturer or distrubutor.

Regulations

The service relies on several third-party manufacturers for products and the information provided to the service about their products are not further audited by viaGlamour. All knowledge, certifications, claims, information, ingredients, and other public-facing information are provided to Service by third-party manufacturers such as Jordane Cosmetics or subsidiaries Nature's Own Cosmetics and can be changed regularly without notice to the Service or audits by the Service. The Service should be considered to be an affiliate where they further promote the original manufacturer product without being involved in the original product manufacturing cycle, ingredients selection, formulation, regulatory restrictions, labelling, manufacturing concerns, or distribution of information about the products made available to the Service as an affiliate partner. Information provided about shipping, restrictions, formulation, shipping restrictions, labeling, ingredients, or other policies are provided to the Service on a non-regular basis and the Service does not attempt to further validate or audit the original source of information. The Service, in good faith, relies on Canadian manufactures like Jordane Cosmetics for products and uses their provided information to grow the Service through affiliate and subscription sales to customers. We rely on authoritive enties like Health Canada to audit the manufacturing practices of the Service's partners but no additional verification work is conducted by the Service and thus no guarentees can be passed to any customer. For example, if the Service's partner indicates that a product is 'cruelty-free' those labels will be reused by the Service without the pursuit of verification from auditors and thus the Service assumes zero liability for the change of information, spec, or scope of the products or services involved in the Service. Information providedd or shown by the Service is subject to change at any time without direct notice. Any products shipped to the EU are under the assumption of being commercial samples for merchants. Any person or persons using the Service is responsible for their own registration through the cosmetic product notification portal or other regulation body and must provide the CPMP labels to the Service prior to accepting customer orders. Any orders recieved prior to being provided CPMP are considered to be sample orders that are not intended to be on the market, resale, available for sale, distribution, reshipment, carrier forwarding, auditing, marketing, or any other action conducted on the product after it has been originally received as a sample product.

Intellectual Property Complaints

Infringement Claims Between viaGlamour Users, Waiver of Claims: As a condition of using the viaGlamour Service, you agree to submit any and all infringement claims against viaGlamour users (so called “Copycat Claims”) pursuant to viaGlamour’s existing policies and procedures governing such claims. You further agree, as a condition of using the viaGlamour Service, to waive any and all claims against viaGlamour arising from alleged infringement by you or another viaGlamour user. In addition, you understand that viaGlamour may release your contact information to any viaGlamour User that satisfactorily alleges a violation of its rights under this section.

viaGlamour takes any allegations of infringement seriously. If viaGlamour receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that viaGlamour may terminate or delay your campaign, in its sole discretion. In addition, you understand that viaGlamour may release your contact information to any third party that satisfactorily alleges a violation of its rights.

viaGlamour’s Proprietary Rights

Service Content, Software and Trademarks

You are only authorized to use the viaGlamour Service for the purpose of engaging in business transactions with viaGlamour. You may not use any automated technology to scrape, mine or gather any information from the viaGlamour Service or otherwise access the pages of the viaGlamour Service for any unauthorized purpose. If you are blocked by viaGlamour from accessing the viaGlamour Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the viaGlamour Service or distributed in connection therewith are the property of viaGlamour, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

IP

The viaGlamour Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by viaGlamour, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the viaGlamour Service or the Service Content, in whole or in part. Any use of the viaGlamour Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by viaGlamour.

Trademarks

The viaGlamour name and logos are trademarks and service marks of viaGlamour (collectively the “viaGlamour Trademarks”). Other company, product and service names and logos used and displayed via the viaGlamour Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to viaGlamour. Nothing in these Terms of Service or the viaGlamour Service should be construed as granting any license or right to use any of viaGlamour Trademarks displayed on the viaGlamour Service, without our prior written permission in each instance. All goodwill generated from the use of viaGlamour Trademarks will inure to viaGlamour’s exclusive benefit.

Third Party Material

Under no circumstances will viaGlamour be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials. viaGlamour may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of viaGlamour, its users or the public.

Disclaimer of Warranties

YOUR USE OF THE viaGlamour SERVICE IS AT YOUR SOLE RISK. THE viaGlamour SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, viaGlamour EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

viaGlamour WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF viaGlamour HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VIAGLAMOUR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED YOUR MONTHLY PAID SUBSCRIPTION TO OUR SERVICE.

Termination

viaGlamour, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the viaGlamour Service and remove and discard any content within the viaGlamour Service, for any reason and at any time. Further, you agree that viaGlamour will not be liable to you or any third party for any termination of your access to the viaGlamour Service. If your account is terminated viaGlamour retains the right to contact your customers by email to assume responsibility for any customer questions or product concerns that can no longer be communicated through the terminated account to viaGlamour. Any account that is terminated will have, if any, their subscription cycle voided.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit viaGlamour in any way and will not attempt to do so or imply that you have the right to do so.

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