Terms and Conditions (effective 09/06/2018)

 

The following Terms and Conditions of Use (the "Agreement") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with RosyWorld, LLC dba ROSY (“ROSY” or the “Company”). This also governs the use of our website at http://rosy.world (the “Site”).  ROSY provides the Site’s contents and services subject to the following terms and conditions (together with the Site, the “Service”).  By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these terms. Should you not agree to all of  the updated, revised or modified terms and conditions, you must stop using the Site and provided Services. 

USE OF SERVICE

The Site is an e-commerce website, and its purpose is to market, promote and sell high-quality skincare products.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this Agreement. In order to access or use the Service, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password so please notify ROSY immediately of any unauthorized use of your account or any other breach of security.

ROSY reserves the right to update or modify these terms and conditions at any time.  Notice of modification will be provided by updating the date below. For this reason, we encourage you to review these terms and conditions whenever you purchase products from ROSY or otherwise use the Site.

Furthermore, ROSY shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third-party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

You may not distribute, exchange, modify, sell, create derivative works or transmit anything you copy from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, ROSY grants you a worldwide, non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or any Service offered through the Site in any way. Notwithstanding anything to the contrary, ROSY reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or any services offered through the Site. You understand and agree that the Company may do so without any liability whatsoever.

The Site may include information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. ROSY reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).

TERMINATION

As a member of rosy.world, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to info@rosy.world

As a member, you agree that RosyWorld, LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our Terms and Conditions of Use or any other incorporated agreement, regulation and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with your rosy.world account 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with rosy.world shall include any and/or all of the following:

a) the removal of any access to all or part of the Services offered within rosy.world;

b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our Services.

THIRD-PARTY ACTIVITIES

ROSY may provide links to other websites (collectively, “Third Party Websites”) as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on ROSY’s blog.  If you use any of these links, you will leave the Site and instead be at the Third Party Website. ROSY does not review, monitor, approve or control content located at Third Party Websites. The inclusion of any links to Third Party Websites does not imply ROSY’s association, relationship, endorsement or sponsorship of any such Third Party Website, and ROSY does not warrant the accuracy or completeness of content on any Third Party Website. You use Third Party Websites at your own risk.  Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. Comments from third party users may be submitted on the Site in accordance with ROSY’s Comment Submission Policy (“User Comments”).  User Comments do not necessarily reflect the views of ROSY, and ROSY does not warrant the accuracy, truthfulness or reliability of any User Comment, nor endorse any opinions expressed in any User Comment. ROSY assumes no responsibility or liability for or in connection with any User Comment. Please email info@rosy.world to seek removal of any comments posted by others that may be unlawful, infringing, defamatory, or offensive.

Also, you herein acknowledge, understand and agree, unless otherwise expressly provided in this Agreement, that there shall be no third-party beneficiaries to this Agreement.

CHILDREN UNDER 13

It is ROSY’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. The Site is not intended nor designed for children under the age of 13.  Children under 13 may look at the Site, but are not permitted to make a purchase, become a registered user, sign-up for emails or post comments on the blog.  If we discover that someone under the age of 13 is a registered user or has otherwise provided us with their personal information, we will remove their personally identifiable registration information from our files.  If you are under 13 and would like to make a purchase, please ask a parent or guardian to place the order for you.

USE OF PRODUCTS

The products and services available on the Site, including any samples ROSY may provide to you, are for personal use only. You may not sell or resell any of products or services you purchase or otherwise receive from ROSY.  ROSY reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where ROSY, in its sole discretion, believes may result in the violation of these terms and conditions.

All of the products purchased from the Site should be used in accordance with the product’s instructions, precautions and guidelines.  The statements made about products on the Site are for informational purposes and have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

CONTRIBUTIONS TO COMPANY WEBSITE

RosyWorld, LLC provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) ROSY shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

c) ROSY shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

d) the contributor’s Contributions shall automatically become the sole property of ROSY; and

e) ROSY is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ROSY’s site.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the RosyWorld, LLC trademarks, copyright, trade name, service marks, and other RosyWorld, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of RosyWorld, LLC. You herein agree not to display and/or use in any manner the RosyWorld, LLC logo or marks without obtaining RosyWorld, LLC’s prior written permission.

DISCLAIMER

ROSY is providing the Site and its contents on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the Site, the information, content, materials or products, included on the Site.  To the fullest extent permitted by law, ROSY disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose.  In addition, ROSY does not represent or warrant that the information accessible from the Site is accurate, complete or current. 

 

RELEASE

By using the Service you agree to release, discharge and hold harmless ROSY from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

INDEMNITY

You agree to indemnify and hold ROSY harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROSY AND THE ROSY ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ROSY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

FRAUD PROTECTION

We reserve the right to refuse the processing of an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order and our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

IN THE EVENT OF ANY PERCEIVED ABUSE(S) OF ROSY’S SATISFACTION GUARANTEE, TO BE DETERMINED AT THE SOLE DISCRETION OF ROSY, A RETURN OR MULTIPLE RETURNS MAY NOT BE HONORED

APPLICABLE LAW

The Site is created and controlled by ROSY in the State of Wyoming, USA. As such, the laws of the State of Wyoming will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. ROSY reserves the right to make changes to its Site and these disclaimers, terms and conditions at any time.  You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site and you agree that you will not access or use the information on the Site in violation of such laws. The Site is not intended to be accessed in any country or jurisdiction in which these terms and conditions, or any other content at the Site, would violate any laws.

ROSY welcomes your comments and feedback regarding the Site, and ROSY products and services. Any information, materials, suggestions, ideas or comments sent to ROSY will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting ROSY an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, ROSY will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

COPYRIGHT

All material appearing at ROSY’s website is copyright ROSY 2018, unless otherwise noted. All rights reserved. Other’s use of this material is permitted only with ROSY’s prior written consent.  Please contact RosyWorld, LLC at info@rosy.world. All other trademarks referenced are property of their respective owners.

ENTIRE AGREEMENT

This Terms and Conditions of Use constitutes the entire agreement between you and ROSY and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to ROSY's Services. 

WAIVER AND SEVERABILITY OF TERMS

At any time, should RosyWorld, LLC fail to exercise or enforce any right or provision of this Agreement such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

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