Categories

Terms Of Use

OVERVIEW

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

Prizm Beauty, Inc. is the owner and operating company of GLAM KITTI® and its website. Prizm Beauty, Inc. (collectively referred to herein as “GLAM KITTI”, "company" or "we", "us", or "our") welcomes you to the GLAM KITTI web site (the "Site" or “Website”). GLAM KITTI, its affiliates, subsidiaries, or designees, provide their services to you subject to the following terms of use. If you visit or shop at the Site, you accept these conditions. Please read them carefully. In addition, when you use any current or future Site service or visit or purchase from any business affiliated with the Site, whether or not included in the Site, you also will be subject to the guidelines and conditions applicable to such service or business.

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

GLAM KITTI maintains the Site for your personal enjoyment, entertainment, information, education and shopping convenience.

You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices (i.e. trademark registration symbols) 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 unless express written permission from Glam Kitti is provided to do so otherwise. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of GLAM KITTI. It is strictly prohibited to download the images of the products for sale within this site other than from approved artwork resources for Wholesale Account Holders found in the restricted access areas.

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

DISLAIMERS/LIMITATIONS ON LIABILITY

The Site is provided on an "AS IS," "as available" basis. Neither GLAM KITTI 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 GLAM KITTI nor its associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site.

Further, GLAM KITTI makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. GLAM KITTI 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 GLAM KITTI, nor its associates, shall create a warranty. You expressly agree that use of the Site, content, advice, tutorials informative tips etc. is at your sole risk.

The information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

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

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and GLAM KITTI reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted).

GLAM KITTI 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.

IDEMNIFICATION

BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

REGISTRATION & MEMBERSHIP

Certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The website's practices governing your personal information are disclosed in our privacy policy.

The decision to provide this information is purely voluntary and optional. However, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. When you provide information to the website, you agree to provide only true, accurate, current and complete information.

If you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. Company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

PRODUCTS & SERVICES USAGE

The products and services available on the Site, and any samples thereof that we may provide to you are for personal use only. You may not sell or resell any of the products or services, or samples thereof that you purchase or otherwise receive from us unless you are a registered GLAM KITTI Wholesale Account Holder or a Pro Artist Member. We reserve the right, with or without notice, to cancel consumer orders, Wholesale Accounts and Pro Artist Memberships, or reduce the quantity of any order to be filled or products or services to be provided to you that we suspect, in our sole discretion, may result in the violation of our Terms Of Use.

OWNERSHIP OF CONTENT

Content included on or comprising the Site, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, illustrations, images, photographs, graphs, information, data, software, typefaces, graphics, music, sounds, video and audio clips and advertising copy, other material (collectively "Content") as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "material") are owned by or licensed to company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyrights, trademarks, patent or other proprietary rights and laws, and these rights and laws are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws and treaties, and GLAM KITTI owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, capture, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

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

The GLAM KITTI 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 GLAM KITTI and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

USER FORUMS

Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the SITE ("user forums") are provided to give users a forum to express their opinions and share their ideas and information.

The individual who posts content in the user forums ("community content") is responsible for the reliability, accuracy, and truthfulness of such content and GLAM KITTI has no control over the same. Additionally, GLAM KITTI has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material. GLAM KITTI does not and cannot review every message posted by users in the user forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the user forums. Information disclosed in the user forums is by design revealed to the public.

GLAM KITTI reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by YOU to the SITE for any reason in Company's sole discretion. In addition, Company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public. In no event does Company assume any obligation to monitor the user forums or remove any specific material.

SUBMISSIONS POLICY

GLAM KITTI is pleased to hear from its users and welcomes requested submissions, contributions, testimonials, materials, information, photographs, suggestions and comments regarding company's services and products. However, we will not use your name or photograph in connection with any such requested materials, information, suggestions, and ideas or comments unless we first obtain your permission or are otherwise required by law to do so.

By submitting a submission to this website or company, you represent that such submission is original with you and does not conflict with, violate, or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Any submission to this website or company may be used by company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.

All submissions to the website and/or company shall be the sole property of company and will not be acknowledged or returned.

While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any unrequested creative ideas, suggestions, or materials.

We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by companies or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.

GLAM KITTI does not want to receive confidential, proprietary or trade secret information through the Site (excluding information relating to any order you submit). If you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a "submission" and collectively, the "submissions") despite our request that you not send us any unsolicited submissions or other creative materials, please note that any information, materials, suggestions, ideas or comments sent to the Site will be deemed non-confidential, and, by submitting any such information, you are granting GLAM KITTI an irrevocable and unrestricted license to use, modify, reproduce, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, transmit, display, distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe in perpetuity, without according you any compensation or credit.

You agree and understand that GLAM KITTI is not obligated to use any submission you make to the website or company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with GLAM KITTI is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to company does not place company in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by company's own employees and affiliates.

Many ideas or stories may be competitive with, similar or identical to your submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of company's use of any such similar or identical material.

Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a company's actual or alleged exploitation or use of any material you submit to the website and/or company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

LINKING POLICY

If you link to this website, we require that you follow these guidelines:

The link to this website must not damage, dilute or tarnish the goodwill associated with any company names’ and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. You may not "frame" this website or alter its intellectual property or material in any other way. You may not link to the website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, which contains expressions of racism that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by GLAM KITTI in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.

Company is not responsible for the content or performance of any portion of the internet including other world wide websites to which this website may be linked or from which this website may be accessed. Users are requested to inform company of any errors or inappropriate material found on websites to which this website is or may be linked.

THIRD PARTY ACCESS

The Site contains, or may contain links to other third party sites. The links are meant to enable access to publicly available information to those who are allowed to the Site only. GLAM KITTI makes no representations whatsoever about any other web sites which you may access through the Site.

When you leave the Site, please understand that GLAM KITTI has no control over the content on that web site. In addition, a link to a non-GLAM KITTI web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site.

GLAM KITTI makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

The Site may offer you the possibility to connect your accounts from third party social media sites, such as Facebook, Instagram, Pinterest and Twitter, through an application programming or other software. By allowing the Site to connect with your accounts on such third party sites, you consent to our accessing the information and photos in those accounts, which information may include therein.

You likewise consent to our publishing on the Site any such information or actions you take on such third party sites. Additionally, you understand that by accessing the Site via your social media account, activity you engage in through the Site may be published on the third party site.

It is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from GLAM KITTI.

LOCATION

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

The Web site address for the Site is http://www.glamkitti.com

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

ADDITIONAL POLICIES

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

PROMOTIONS

This website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

USER ELIGIBILITY

This website is offered and made available only to users thirteen (13) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. if you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.

Furthermore, GLAM KITTI may, at its sole discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

DISPUTE

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

LOCATION

Company operates this website in the United States. Information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. these terms shall be construed and enforced in accordance with the laws of the United States, State of New York, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any cause of action filed by you with respect to the terms and/or your use of this website must be filed in the Nassau County, New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action; otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Nassau County, New York for any cause of action relating to or arising under these terms or the website.

EFFECTIVE DATE

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


if you have any questions, comments or concerns about our website or these terms of use, you may contact us at service@glamkitti.com


EFFECTIVE DATE JANUARY 1, 2015

Customer Service


CONTACT INFO:

By Email: Info@glamkitti.com

By Phone: (888) 890-4824
(516) 279-5353 (outside U.S.)

Hours: Monday-Friday
10am-5pm
Eastern Standard Time