IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
We’ve drafted these Terms so you’ll know the rules that govern our relationship with you. These Terms form a legally binding contract between you and Wink4Me LLC, so please read them carefully. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing our websites, downloading any mobile applications, registering an account, or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by these Terms. If you do not agree with them, then you should not use the Services.
- THE TERMS AND ACCEPTANCE OF TERMS
- WINK4ME PRODUCTS
- PRICING AND AVAILABILITY, RIGHTS OF REVOCATION, AND REFUNDS
- INTELLECTUAL PROPERTY AND OWNERSHIP; EXPORT CONTROLS
- DISCLAIMER OF WARRANTIES
- DISCLAIMER OF LIABILITY
- AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE UNITED STATES AND CANADA
AFFILIATES AND LINKS TO THIRD PARTY WEBSITES
THE TERMS AND ACCEPTANCE OF TERMS
Wink4Me LLC. welcomes you to the Wink4Me LLC web site (the “Site”). WINK4ME maintains the Site for your personal enjoyment, information, education and shopping convenience. The following Terms & Conditions (“Terms”) govern all use of our Site, any mobile applications (“Apps”), any loyalty rewards program, and any other websites, pages, features, or content (collectively, including the Site and Apps, the “Services”) owned and operated by WINK4ME that direct to these Terms. Please note that our Services are not intended for use by children under the age of 16 years old.
The Services are owned and operated by Wink4Me LLC., its affiliates, or its subsidiaries (together, “WINK4ME,” “we,” “us” or “our”) and are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures. These Terms directly incorporate our Global Privacy Notice (taken together with these Terms, the “Agreement”), available at https://www.Wink4melashes.com/privacy-policy.html, which further discusses our collection and processing of personal information.
Updates to the Terms. We reserve the right to modify the Terms, at any time, in our sole discretion. The revised Terms will be effective on or after the posted date. If we make a material change to the Terms, we will provide you with notice of the revised Terms. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Services, or another manner. If any change to the Terms is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the Terms have changed, WINK4ME will treat your use as acceptance of the updated Terms. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
Limits on Use. Some uses are not permitted for users of WINK4ME’s Site and Services. You may only download material displayed on the Services 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 Services including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of WINK4ME. It is strictly prohibited to download the images of the products for sale within this Site. Tampering with the Services, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Services is prohibited. .
When you use our Services, including providing any information by placing orders through the Services, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary. .
Entire Agreement. These Terms, and any other legal notices published on the Services, shall constitute the entire agreement (the “Agreement”) between you and WINK4ME concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. In construing or interpreting the Terms & Conditions, headings are for convenience only, and not to be considered..
Severability. If any provision of the Terms is found to be unenforceable or unlawful by a court of competent jurisdiction, then that provision shall be deemed severable and not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect..
No Waiver of Any Terms. No waiver of any term shall be deemed a further or continuing waiver of such term or of any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of that right or provision.
WINK4ME’s products can be ordered and delivered worldwide. The statements and products sold through WINK4ME are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from WINK4ME it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
Products to be Used in Accordance with Their Instructions. All products should be used only in accordance with their instructions, precautions and guidelines. You should always check a product’s ingredients before application to avoid potential allergic reactions.
No Provision of Medical Advice. Use of the Site is not meant to serve as a substitute for professional medical advice. WINK4ME is solely an online store for prestige cosmetics. Please consult with your physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. WINK4ME does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. WINK4ME does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
No Sale or Resale. The products available on the Site, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from WINK4ME. WINK4ME reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by WINK4ME in its sole discretion. Except where prohibited by law, WINK4ME may limit the number of products available for purchase.
PRICING AND AVAILABILITY, RIGHTS OF REVOCATION, AND REFUNDS
Pricing and Revocation of Offers. Prices and availability are subject to change without notice. Errors will be corrected where discovered, and WINK4ME reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). WINK4ME 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.
Refunds. For information about shipping and returns, and shipping costs please consult WINK4ME’s Shipping & Returns policy at https://www.Wink4melashes.com/shipping.html. This Shipping & Returns policy is directly incorporated into the Terms. For domestic customers, a return label can be emailed to you at no cost. You will receive a refund only for the items returned. For international customers, shipping costs associated with the return will not be reimbursed, and you will receive a refund only for the items returned.
WINK4ME is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent. WINK4ME reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.
5.INTELLECTUAL PROPERTY AND OWNERSHIP; EXPORT CONTROLS
WINK4ME Proprietary material. Content included on or comprising the Services, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material, excluding User Generated Content (collectively “Proprietary Material”) 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 Proprietary Material is copyrighted as a collective work under the U.S. and international copyright laws, and WINK4ME owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Proprietary Material. 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 Proprietary Material, in whole or in part. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Logos and Trademarks. The WINK4ME 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 WINK4ME and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Do Not Share Confidential or Proprietary Information on the Site. WINK4ME does not want to receive confidential, proprietary or trade secret information through the Services (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the Services will be deemed non-confidential, and, by submitting any such information, you are granting WINK4ME an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. 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.
U.S. Export Controls. Certain software from the Services 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 WINK4ME to either a foreign national or a foreign destination in violation of any such laws.
Claims Regarding Copyright Infringement. WINK4ME respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User content or other content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, and if multiple copyrighted works are to be covered by a single notification, a list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Please also provide information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and your email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
tion of claimed infringement, we will process and investigate the claim and, if appropriate, act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request.
This notification process does not limit WINK4ME’s ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.
Account Termination. It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights. We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer
DISCLAIMER OF WARRANTIES.
The Site is provided on an “AS IS,” “as available” basis. Neither WINK4ME 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 WINK4ME 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 Services. WINK4ME 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 WINK4ME, nor its Associates, shall create a warranty. You expressly agree that use of the Services is at your sole risk.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WINK4ME 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 SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, 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 WINK4ME 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 WINK4ME 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 SERVICES. 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.
The preceding section does not apply to New Jersey residents.
You agree to release, indemnify, and defend Wink4Me LLC. and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “WINK4ME Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at info@Wink4melashes.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. For all disputes and claims other than those regarding WINK4ME’s IP rights as described in Section 6 above, if we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms & Conditions (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration, which is a private process through which disputing parties agree that one or several neutral arbitrators can make a binding decision and/or award in relation to the dispute after receiving evidence and hearing arguments.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and WINK4ME further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Authority of the Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and WINK4ME shall be subject to the Federal Arbitration Act.
Waiver of Jury Trial. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes. 11.7 Exception – Small Claims Court Claims. Notwithstanding your and WINK4ME’s agreement to resolve all disputes through arbitration, either you or WINK4ME may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Opt-Out of Agreement to Arbitrate. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at firstname.lastname@example.org, and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with WINK4ME through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, WINK4ME also will not be bound by them.