Terms & Conditions

A.         SMCPInc (hereafter referred to as “we," "us," "our," or "Company") provides and maintains certain websites, namely, www.zosiabeauty.com, for your use and enjoyment, subject to the Terms and Conditions contained herein, and modifications thereto, together with any documents referred to therein, and any rules that may be published by SMCPInc. (collectively hereafter “Agreement”).  The Agreement applies to your use of our website ("Site"), our mobile application, and any information you may access through social media platforms including, but not limited to, Facebook, Instagram, Pinterest or Twitter (collectively our "System"), which is owned and operated by us.

B.         Your use of our Site and/or System means that you accept and agree to the Agreement.  If you do not agree to the Agreement or our Privacy Policy, do not use or access the System.

C.         We may revise and update the Agreement from time to time in our sole discretion, and will post any updates to the Agreement on the Site. Your continued use of our Site or System, or any other service provided through www.zosiabeauty.com, means that you accept and agree to the modified Agreement.

D.         The Site, System, and information are intended for persons 18 years of age or older only.  To use the Site (without registering for an account to purchase products via the Site) and subscribe to receive information or other marketing or promotional material from us (in any form and via any media) you must be 18 years of age or over.  To register for an account to purchase any product or subscribe to receive information or other marketing or promotional material, you must be over the age of 18 years of age or older. 

E.         In order to participate in certain surveys and any promotional activities of the Company, you will need to first qualify, and upon notification of acceptance, then register for an account on our Site.  To register, you will need to supply us with your name, mailing address, valid personal email address, cell phone number, and possibly some other personal information.  See our Privacy Policy for more details. 

F.         Once you register with the Site, you will be asked to create a username for, and allocate a password to, your account.  You must keep the password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or your account or any breach of security known to you.  You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using and/or transacting via your account.  Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

G.         By registering with the Site, you are not guaranteed a right to receive information, participate in surveys, or receive promotional products for review and use.  Your registration can be terminated at any time by you, or by the Company, for any reason. 

H.         User Content. 

SMCPinc encourages and allows you to submit and share comments, feedback, reviews, questions, and other content through our System (hereafter “Content”).  By submitting Content to the System, you automatically grant, or warrant that the owner of said Content has expressly granted the Company a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive, and fully sub-licensable right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or in any form, format, or forum now known or hereafter developed, including the name submitted in connection with the Content. 

Do not submit any Content that you do not wish to license to us.  The Company has no obligation to maintain any Content in confidence, to pay for any Content, or to respond to any user Content. 

By submitting Content, you warrant that: you are at least 18 years of age; you are the sole owner and author of the Content; and that the Content that you supply will not cause injury or harm to any person or entity, nor will it violate the Agreement.  In particular, you represent and warrant that you will not submit the following Content:

  1. Content that is misleading, false, or inaccurate;
  2. Content that contains your full name, or other confidential information identifying yourself or others;
  3. Content that violates any local, state, federal, or international laws;
  4. Content that infringes on the rights of others;
  5. Content that is obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
  6. Content that contains advertisements, solicitations, or links to other individuals or websites without prior written permission of the Company;
  7. Content that consists of or embodies chain letters or pyramid schemes;
  8. Content that impersonates another person or entity, including Company;
  9. Content that you were compensated for by any third party, unless previously approved by the Company in writing; and
  10. Content that violates any policy posted on any Company Site or System.

The Company has the right, but not the obligation, to monitor Content to determine compliance with the Agreement, and other policies and operating rules that may be established from time to time.  Company has the right, IN ITS SOLE DISCRETION, to edit, delete, move, or refuse to post any Content for ANY REASON

I.          User Conduct. 

In using this Site and/or the System, you agree that you will not:

  1. Take any action that imposes an unreasonable load on the Site or System’s infrastructure;
  2. Take any action, by any means, to interfere or attempt to interfere with the proper working of the Site or System, or activity being conducted on the Site;
  3. Alter or delete any Content posted on the Site or System by the Company or any other person or entity; and
  4. Link or frame to any of the materials or information contained on the Site or System, without express permission of the Company.

J.          Purchase of Products. 

You agree to provide payment information at the time that you order any Product on the Site or through the System.  You agree to have sufficient funds or credit at the time of purchase to ensure collection of the purchase price from the Company.

All orders for Product are for your personal use only.  By purchasing Product, you agree not to distribute or re-sell the Products for any commercial purpose.  Product orders are subject to acceptance or rejection based on factors which include, but are not limited to, the following:  Product availability, compliance with the Agreement, or any other reason determined in our sole discretion. 

Additional information with respect to the purchase of Products from the Site or System can be found at Shipping and Returns and frequently asked questions, which includes our policies for payment, shipment, order acceptance, exchanges, and returns. 

K.        Intellectual Property

1.   You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by the Agreement.  You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.

2.   All content included as part of the System, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

3.   You agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use System content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any System content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by the Agreement. 

L.         Links to Other Websites and Connecting through Social Media

The System may contain hyperlinks to websites or social media sites operated by third parties. We do not control such websites or social media sites, and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website or social media site on the System does not imply or constitute approval or endorsement of the linked website or social media site by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites or social media sites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

M.        Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the System, your violation of the Agreement, or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations.

N.         Electronic Communications

Visiting, using, and/or publishing comments on the Site/System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, via mail, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving communications from us follow the "unsubscribe" link on the email to change your user preferences. There are certain system generated and legal notices that you cannot opt out of without deactivating your account.

O.        Warranty and Limitation of Liability

1.   COMPANY AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITIED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

2.   TO THE MAXIMUM EXTENT PERMITIED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, THE APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

P.         Governing Law, Venue and Jurisdiction      

The Agreement shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Site, System, or the Agreement, the Privacy Policy, and any legal notices on the Site or System must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You expressly agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Q.        User must comply with applicable laws

The Site is based in the United States.  We make no claims about the legality of downloading, viewing, or using the Site outside of the United States.  By using the Site, you agree that you are solely responsible for compliance with the laws, rules, and regulations governing such conduct in your specific jurisdiction. 

R.         Advertising Policy. 

Some of the information on our Site and System may be supported by advertising revenue.  By using this Site or System, you agree that the Company may use or display your Content in connection with advertising and promotions. 

S.         Editorial Policy

This Editorial Policy applies to our Site and our System, applications, services, and products branded therein.  This Editorial Policy explains how we arrive at information and content that is provided on our Site and System, and services, the people who provide the information, and our relationship with sponsors, advertisers, and affiliated partners.  The information shared through the Site and our System is purely editorial, and is not intended to constitute medical, legal, or other professional advice.

Certain parts of our Site and System permit you to generate and post Content.  This Content is subject to this Agreement, and to our Privacy Policy

We may highlight a particular service or product that we find interesting.  In so doing, we may provide an affiliated link whereby we receive a commission from the linked website if you make a purchase using the link.  The purchase price remains the same, whether you purchase through the link, or go directly to the vendor’s website to make a purchase.

As part of the information and Content that we generate, we work with contributors and collaborators to identify items of interest that we believe relate to our readers, and to create the actual Content created on the Site and System.  Content created through sponsors will clearly be identified as such. 

 T.         Termination

The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate the Agreement and your access to any or all parts of the Site, System, or Content, at any time, and for any reason, including the right to reject any purchase of Products, without prior notice or liability.  Sections I, M, O, P, T, U shall survive the termination of the Agreement. 

U.         Miscellaneous Terms

The Agreement, together with our Privacy Policy constitutes the entire agreement between you and us related to your use of the System. Headings are for convenience only, and are not to be given any legal import.  If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions.  Failure of the Company to act on or enforce any provision does not constitute a waiver of that provision or any other provision in the Agreement.  No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  The Agreement constitutes the entire agreement between you and the Company with respect to the subject matter herein, and supersedes any and all agreements, oral or written, between the parties with respect to the subject matter herein.  The Agreement will inure to the benefit of the Company’s successors, assigns, licensees, and sub-licensees. 

V.         Contact Information

 If you have any questions or comments about these Terms and Conditions, please feel free to contact us at info@zosiabeauty.com.