Terms & Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Ziba Beauty. The collective work includes works that are licensed to Ziba Beauty. Copyright 2003, Ziba Beauty ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Ziba Beauty or purchasing Ziba Beauty products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Ziba Beauty or to purchase Ziba Beauty products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ziba Beauty. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Ziba Beauty used in the site are trademarks or registered trademarks of Ziba Beauty
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Ziba Beauty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ziba Beauty does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ziba Beauty does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Ziba Beauty shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ziba Beauty has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Ziba Beauty product is mistakenly listed at an incorrect price, Ziba Beauty reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ziba Beauty reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ziba Beauty shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ziba Beauty without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Ziba Beauty may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ziba Beauty.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ziba Beauty products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ziba Beauty products) must be commenced within one (1) year after the claim or cause of action arises. Ziba Beauty's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ziba Beauty may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ziba Beauty or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Ziba Beauty does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ziba Beauty is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ziba Beauty reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ziba Beauty in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Ziba Beauty, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Ziba Beauty may link to sites operated by third parties. However, even if the third party is affiliated with Ziba Beauty, Ziba Beauty has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ziba Beauty. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ziba Beauty seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
OFFICIAL RULES FOR ONLINE COMPETITION
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF
WINNING.
1. “Ziba, Inc” SWEEPSTAKES: How To Enter – Beginning August 5 at 12:01 PM (PT) through September 12, 2012 at 11:59 PM (PT), go to www.zibabeauty.com to like us on facebook (bottom left of screen) and follow the on-screen prompts. Winner Selection: Winner will be selected in a random drawing on or about August 16th, 2012, August 23rd, 2012, August 30th 2012 and Sept 13th 2012 from among all correct and eligible entries received. Drawing will be conducted by Ziba Beauty, whose decision shall be final and binding. Odds of winning will depend upon the total number of eligible entries received. All online entries must be made by September 12, 2012 at 11:59 PM (ET). Ziba, Inc is the sponsor of this sweepstakes.
Prizes & Approximate Retail Value (ARV): Each winner will receive: A year of free brows in a Ziba Studio. Transportation to/from the studio is not the responsibility of Ziba. Approximate retail value of the package: $144. The winner of the Trip is responsible for all travel, and other expenses not expressly listed or described above. Any unclaimed prizes will be forfeited and will not be substituted. Prize values are in U.S. currency. Substitution of a prize of equal or greater value will be awarded in case of prize unavailability. All prizes will be awarded within 3 months of receipt of valid and executed winners’ affidavit or prize confirmation. However, any portion of the prize not accepted by the winner will be forfeited.
2. ENTRIES: Limit (1) one entry per person and per e-mail address for "Ziba Beauty A Year of Brows" Sweepstakes. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email/facebook address. The "authorized account holder" is defined as the natural person to whom the email/facebook address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor shall not be liable for entries and winner notification responses that are delayed, lost, misdirected, misdelivered, marked postage-due, illegible, mutilated, incorrect or incomplete, and such entries will not be eligible for this Promotion.
3. ELIGIBILITY: Open to legal residents of the 50 United States who are 16 years or older, at time of entry. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, the independent judging organization and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible.
4. CONDITIONS OF PARTICIPATION: Online entrants must have valid e-mail/facebook address and it is entrant’s responsibility to update Ziba Beauty of any change in e-mail/facebook address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. By participating, entrants agree that the Sponsor, those involved in the development, production, implementation and distribution of this promotion and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion shall not be liable for any and all claims, damages, losses or injuries, including any third party claims, damages, losses or injuries, arising from or relating to, in whole or in part, this Promotion, including entry and participation in this Promotion and acceptance, possession, use or misuse of the prizes. All entrants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Promotion, they will indemnify Sponsor for any and all such claims, including attorneys’ fee related thereto. Winners (and parent or legal guardian if winner is a minor) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.
5. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic,computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
6. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Colorado State law, without reference to Colorado choice of law rules, governs the Promotion and all aspects related thereto.
7. SPONSOR: Ziba Beauty 17832 Pioneer Blvd Artesia CA 90701
