TERMS AND CONDITIONS
Welcome to Glamour Living – suppliers of the most luxurious acrylic cosmetic organisers.
Glamourliving.co.uk, and any purchases made through Glamourliving.co.uk are governed by the terms of service, use and purchase as described below. By using Glamourliving.co.uk, purchasing items through Glamourliving.co.uk, and/or registering, you agree to the terms described below.
GLAMOUR LIVING LIMITED is a UK registered company. GLAMOUR LIVING registered address is Unit 301, 38 Sunbridge Road, Bradford, West Yorkshire, BD1 2AA, UNITED KINGDOM.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify GLAMOUR LIVING immediately of any breach of security or unauthorised use of your account.
- Eligibility to Purchase
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the GLAMOUR LIVING terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to GLAMOUR LIVING, whose applications are acceptable to GLAMOUR LIVING and who have authorised GLAMOUR LIVING to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. GLAMOUR LIVING reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
GLAMOUR LIVING offers products for sale that are in stock and available for dispatch. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to GLAMOUR LIVING. GLAMOUR LIVING will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at GLAMOUR LIVING. Alternatively, you may simply choose to register your email address for notification of arrival of the selected item not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that item has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion any products that are in particularly high demand will sell out during this period.
GLAMOUR LIVING will store a record of your transactions for a minimum of one year.
- Pricing Policy
Prices shown on the Site are in GBP and inclusive of VAT at the applicable rate.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
- Discount for Make up artists, bloggers and Students
© Copyright – GlamourLiving.co.uk
You must be a professional makeup artist to be eligible for £30 discount on our acrylic beauty boxes. (The Glamourcube Mini is not included in this offer.) Relevant certification and Identification in the form of a driving license or passport should be sent to firstname.lastname@example.org. On approval you will receive a confirmation email with a code to be entered into the website at the checkout. This offer cannot be used in conjunction with any other offers.
Bloggers must have a website for which they have been blogging from for more than 6 months. An agreement must be signed to blog about the product purchased from us to be featured on your blog along with images and descriptions of the product. (The Glamourcube Mini is not included in this offer.) This offer cannot be used in conjunction with any other offers.
Students can receive 10% off all products on our website. Students must show a valid dated NUS card along with proof of ID and send this into us at email@example.com. On approval you will receive a confirmation email with a code to be entered into the website at the checkout. This offer cannot be used in conjunction with any other offers.
- Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and GLAMOUR LIVING will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Paypal, Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and JCB cards, and any other methods which may be clearly advertised on the Site. Payment will be debited and cleared from your account upon dispatch of your order by GLAMOUR LIVING. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to GLAMOUR LIVING, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Universal Payment Gateway, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered GLAMOUR LIVING user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
- Gift Cards
GLAMOUR LIVING Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
1.Gift Cards are valid for 12 months from date of purchase.
2.Gift Cards can be redeemed against all products on www.GLAMOUR LIVING.co.uk
3.Gift Cards are non transferable and may not be returned or redeemed for cash.
4.If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance by contacting firstname.lastname@example.org.
5.If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
6.If you exchange products you have purchased using a Gift Card, the remaining balance will be credited to your gift card balance.
7.Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
8.GLAMOUR LIVING is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
9.GLAMOUR LIVING is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
10.GLAMOUR LIVING reserves the right to cancel a Gift Card if we deem such action necessary.
11.Promotion codes cannot be applied to the purchase of Gift Cards.
- Sales tax and shipping is applicable on any products purchased with a GLAMOUR LIVING Gift Card.
- Shipping may be applicable on Printed Gift Cards.
- Promotion Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers,and must be redeemed by the date published, if provided.
- Insurance and Delivery
GLAMOUR LIVING insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by GLAMOUR LIVING, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 2-5 business days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. GLAMOUR LIVING are not responsible for any delays caused by carriers.
Items should be returned in all the original packaging it was sent in with all GLAMOUR LIVING and any labels/inserts still intact. Returns that are damaged with no relating information on the claim form or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
All items that are being returned you must contact us within 7 days for a returns number. Not doing so will lose your right in receiving a refund after the 7 days.
Goods are faulty if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Air bubbles which isa natural occurrence in the manufacturing process of the products are not deemed a manufacturing fault.
If you receive a faulty item, either refuse from the driver or contact UPS with your tracking number which will be on the delivery label on 08457877877. You may arrange a time for pickup. You must also contact GLAMOUR LIVING as soon as possible
We have made every effort to display as accurately as possible the products that appear on GLAMOUR LIVING. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color/ brightness/contrast will be completely accurate.
- Intellectual Property Rights
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including GLAMOUR LIVING Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by GLAMOUR LIVING and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. GLAMOUR LIVING tries to ensure that the information on this site is accurate and complete. GLAMOUR LIVING does not promise that GLAMOUR LIVING’s Content is accurate or error-free. GLAMOUR LIVING does not promise that the functional aspects of the Site or GLAMOUR LIVING’s Content will be error free or that this Site, GLAMOUR LIVING Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on GLAMOUR LIVING are the personal opinions of the authors and do not reflect the views of GLAMOUR LIVING. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to GLAMOUR LIVING a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but GLAMOUR LIVING does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@GLAMOUR LIVING.com .GLAMOUR LIVING reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
- No Commercial Use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
- Your Activity
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
- Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than GLAMOUR LIVING, including advertisers. GLAMOUR LIVING has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
- Your Rights
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
- You shall indemnify and hold harmless us and all of our group members and our respective officers, employees and agents against all liabilities, losses, damages, costs, charges, expenses (including without limitation legal fees and expenses on a full indemnity basis) actions, proceedings claims and demands incurred by or brought against any of them and arising directly or indirectly out of or in connection with any breach of any of your obligations under these conditions or any contract between us.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and GLAMOUR LIVING as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of GLAMOUR LIVING, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.
- How we use your information
When signing up for accounts, you agree for us to use and store your email address for our personal use in sending you emails, offer and updates about our company and its products. When sending us images of you and our products for our testimonials and feedback page, you consent that they are used on our website and the company’s social website accounts such as Facebook and Twitter. Your information will not be passed to third party companies unless otherwise stated.
AFFILIATE PROGRAM TERMS
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GLAMOUR LIVING LIMITED.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Glamour Living’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Glamour Living web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Glamour Living, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the Glamour Living website. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Glamour Living” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our programme.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Glamour Living or any other affiliated business.
2.2. As a member of Glamour Living’s Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Glamour Living web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Glamour Living reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Glamour Living Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Glamour Living Affiliate Program.
3.2. Glamour Living reserves the right to terminate this Agreement and your participation in the Glamour Living Affiliate Program immediately and without notice to you should you commit fraud in your use of the Glamour Living Affiliate Program or should you abuse this programme in any way. If such fraud or abuse is detected, Glamour Living shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Glamour Living’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Glamour Living’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Glamour Living uses handles all of the tracking and payment.
7. Access to Affiliate Account Interface
You will create a password so that you may enter Glamour Living affiliate account interface. From our site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Glamour Living could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Glamour Living. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Glamour Living so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Glamour Living so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Glamour Living. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Glamour Living Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Glamour Living, Glamourliving, Glamourcube, Glamourqueen, www.GlamourLiving, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to redirecting it to ours, will be considered trademark violators, and will be banned from Glamour Living Affiliate Programme. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate programme without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Glamour Living service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Glamour Living site (i.e., no page from our site or any Glamour Living’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Glamour Living site in IFrames, hidden links and automatic pop ups that open Glamour Living’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Glamour Living’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Glamour Living and the goodwill associated therewith will inure to the sole benefit of Glamour Living.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
GLAMOUR LIVING MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Glamour Living SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF GLAMOUR LIVING ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Glamour Living’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Glamour Living, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
We do not store customer credit card details nor do we share customer details with any 3rd parties.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Glamour Living. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.