Last Updated: March 7, 2019
This Platform is offered and available to users who are 16 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
3. Accessing the Platform and Information Governance
To access the Platform or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
4. Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the term ARCADE BEAUTY, the Company logo and all related names, logos, product and service names, trade dress, designs and slogans are trademarks of the Company or other affiliated companies doing business as “Arcade Beauty” and our and their respective parents and our and their respective subsidiaries worldwide (collectively, “Arcade Beauty Group”)” or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, trade dress, designs and slogans on this Platform are the trademarks of their respective owners.
6. Prohibited Uses
7. Monitoring and Enforcement; Termination
8. Merchandise Availability; Orders
Availability of merchandise may vary on the Platform. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Platform is not a guarantee that the item is currently available or in stock or that it will be available on our Platform when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Platform or if you have any questions concerning the availability of a particular item, please contact our Customer Services group as specified in the “How to Contact Us” section below. You are only allowed to order one sample per household. We will use commercially reasonable efforts to fulfill your requests whenever possible. Acknowledged orders may not be cancelled unless agreed to by one of our authorized representatives. As such, the information on this Platform does not constitute a binding offer to provide products or samples described on the Platform or to make such products and samples available in your area. We reserve the right at any time after receipt of an order to accept or decline the order, or any portion thereof, in our sole discretion and without liability, even after your receipt of an order confirmation. You may not order any item from this Platform for resale by you or any other person. Any outside sources (e.g., coupon sites) that post our sample offer are doing so without our permission and those orders will not be fulfilled. Notwithstanding anything else to the contrary, subject to applicable law, we reserve the right to refuse service, including fulfillment of any order(s), to anyone, without notice, reason or liability of any kind, in our sole and absolute discretion.
9. Your Content
You agree that you will only upload, transmit, or otherwise make available (“Share”) on or through the Platform, content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By Sharing content, you grant us an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use and reproduce the content to fulfill your order and for our promotional purposes in any form, medium, or technology now known or later developed. You warrant that: (i) you have the right and authority to grant this license; and (ii) our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights.
10. Children Under the Age of 16
Our Platform is not directed to children under the age of sixteen (16) and we do not knowingly collect personal information from children under the age of sixteen (16) on the Platform. If we become aware that we have inadvertently received personal information from a visitor under the age of sixteen (16) on our Platform, we will take steps to delete the information as soon as possible; provided that such access is not unreasonably burdensome or expensive under the circumstances. We recommend that prospective users between the ages of 16 and 17 ask their parents or other legal guardians for permission before sending any information about themselves to anyone over the Internet. In addition, we reserve the right to limit participation in particular programs or promotions to visitors eighteen (18) years of age, twenty one (21) years of age, or older. If you believe we might have any information from or about a child under the age of 16, please contact us as specified in the “How to Contact Us” section below.
11. Terms of Delivery
All items ordered from the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Our delivery and performance dates are estimates only. We will use commercially reasonable efforts to deliver in accordance with the delivery or performance dates, but may change those dates as we deem necessary. We will not be liable for failure to deliver or perform by the estimated dates. Failure to deliver or perform by the estimated dates does not give you the right to cancel an order or any part thereof nor to claim any damages. We reserve the right to make partial deliveries.
12. Reliance on Information Posted
The information presented on or through the Platform, including, but not limited to product and sample descriptions, is made available solely for general information purposes and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We and all other members of the Arcade Beauty Group disclaim all liability and responsibility arising from any reliance placed on such information and materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
Without limiting any of the foregoing, the products and samples promoted on the Platform, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Platform.
We endeavor to display products and/or other images on this Platform as accurately as possible. However, because we are unable to control the capabilities and limitations of your monitor and/or other viewing source, we do not guarantee that your display of any color, texture or detail of anything on the Platform will be accurate. Colors are not guaranteed, and due to color variability in computer and screen monitors, we have no liability if colors of products and/or merchandise do not look as they do on this Platform.
This Platform may include content provided by third parties, including materials provided by product manufacturers, other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
13. Changes to the Platform; Monitoring
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. We also have no obligation to monitor the Platform or screen content that is Shared on or through the Platform. However, you consent that we reserve the right to review the Platform and content and to monitor all use of and activity on, to and from the Platform, and to add, revise, update, remove or choose not to make available on or through the Platform any Shared content in our sole discretion. We may remove Shared content that is confidential, sensitive or proprietary to a third party without that third party’s permission.
14. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Disclaimer of Warranties
YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PLATFORM OR ANY FEATURE OR PART THEREOF AT ANY TIME. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE PLATFORM ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM WILL BE SECURE; THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION AND CONTENT ON THE PLATFORM WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION, CONTENT AND MATERIALS ON THIS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
16. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT THE PLATFORM IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES (DEFINED BELOW) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PLATFORM, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS PLATFORM OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE PLATFORM, OR FOR ANY INFORMATION, PRODUCTS, SAMPLES OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE PLATFORM, OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER AND LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY PERSONAL INJURY (INCLUDING DEATH), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE PLATFORM. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. Governing Law and Jurisdiction; class action and jury trial waiver
20. Waiver and Severability
21. Force Majeure
We will not be liable for any cause beyond its control, including but not limited to acts of God, acts of civil or military authority, fires, epidemics, floods, riots, wars, terrorism, sabotage, labor disputes, yield problems, or inability to obtain materials, components, energy, manufacturing services or facilities, or transportation on commercially reasonable terms. In the event of any such delay, the estimated date of delivery or performance hereunder will be extended by a reasonable period of time.
22. Entire Agreement
23. How To Contact Us
This Platform is operated by Arcade Digital Sampling Services, Inc. All feedback, comments, requests for technical support and other communications relating to the Platform please contact us at: [email protected]
1740 Broadway #14A
New York, NY 10019