WEBSITE TERMS & CONDITIONS OF USE
The terms and conditions provided below govern your use of cheekycomplexion.com and its features as well as any other Cheeky Complexion branded or co-branded websites and applications (including sub-domains, international versions, widgets, mobile versions, and mobile apps) (the “Website”) operated by Colleen Frye and the Cheeky Complexion blogging team (collectively, the “Cheeky Complexion Team”). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions. If you fail to comply with these terms and conditions, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity.
The Cheeky Complexion Team reserves the right to modify these terms and conditions from time to time, in our sole discretion, and any such changes are effective immediately upon posting to our Website.
- Use of the Website. You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, false, misleading, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of the Cheeky Complexion Team or any third party.
You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use except as authorized by these Terms and Conditions. You agree not to alter or modify, or attempt to alter or modify, any part of the Website except as authorized by these Terms and Conditions. The Cheeky Complexion Team may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of the Website, but the Cheeky Complexion Team is under no obligation to do so and we do not assume any responsibility or liability arising from same.
- You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website or of the Cheeky Complexion Team’s customers except as authorized by these Terms and Conditions. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
- User Submissions to the Website. Any communication (including advertisements) which you post or submit to the Website is considered to be non-confidential and public. You retain all intellectual property ownership of your submissions. By posting communications to the Website, you automatically grant the Cheeky Complexion Team a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
You hereby represent and warrant that you are the sole author of any content (including advertisements) you post or submit to the Website, and that such content does not infringe upon the copyright or other intellectual property rights of any person or entity.
The Cheeky Complexion Team reserves the right to modify, edit, or delete any content on the Website, including user profiles and other content submitted by users.
- Limitations on Liability. The material on the Website may contain inaccuracies or typographical or other errors. Website content is not medical advice, as more fully explained in the Disclosure, which is hereby incorporated by reference into these Terms and Conditions. The Cheeky Complexion Team makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website. Use of the Website and any information contained therein is at your own risk.
COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
- The Website and its content are delivered on an “as-is” basis. The Cheeky Complexion Team reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.
- THE CHEEKY COMPLEXION TEAM disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose, WITH RESPECT TO THE WEBSITE AND ALL PRODUCTS OR SERVICES SOLD THROUGH THE WEBSITE. By usING the Website OR PURCHASING ANY GOODS OR SERVICES LISTED BY A THIRD PARTY ON THE WEBSITE, you agree that THE CHEEKY COMPLEXION TEAM will not be liable for any FAILURE, modification, suspension, or discontinuance of the Website or of any content, feature, PRODUCT, or service offered through the Website.
- The Cheeky Complexion Team makes no warranty that the use of material or content displayed on the Website will not infringe upon the rights of third parties neither owned by nor affiliated with the Cheeky Complexion Team.
- Disclaimer of Damages. In no event shall THE Cheeky Complexion Team OR ITS agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages. You agree that there is no such liability even in the event that THE Cheeky Complexion Team is notified beforehand of the possibility of damages.
Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.
- You agree to indemnify, defend and hold harmless the Cheeky Complexion Team and its agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of these Terms and Conditions.
- Copyrights and Trademarks. Our Website is owned and operated by the Cheeky Complexion Team. The copyright and other proprietary rights and interests in the Website content are owned by the Cheeky Complexion Team, our affiliates, or someone who has granted the Cheeky Complexion Team a license to use the information or materials. You may view, download, print, and retain a copy of pages of the Website only for your personal use.
- The trademarks, service marks, and logos displayed on our website are registered and common-law trademarks of the Cheeky Complexion Team, and others. No license or right to use any trademark contained on our website is granted to you and any use of any such mark contained on this website is expressly prohibited unless you obtain the prior written authorization to use such mark from the Cheeky Complexion Team or such other third party holder of the mark. If you have a specific question related to the marks on our website or a request for the use of such marks, please direct your inquires to the contact information listed below.
- Notices and Procedures for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
The Cheeky Complexion Team respects the intellectual property of others and we ask you to do the same. The Cheeky Complexion Team will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, the Cheeky Complexion Team will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Cheeky Complexion Team the following information. Please be advised that to be effective, the Notification must include ALL of the following:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that it is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address and all other information reasonably sufficient to permit the Cheeky Complexion Team to contact you;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices Should Be Directed To: Cheekycomplexion@gmail.com
- Third Party Websites. The Website may contain links to other websites, which may or may not be controlled, operated, affiliated or hosted by the Cheeky Complexion Team. Certain links are provided on the Website in order to provide visitors to our site with other points of interest or connections to our partners via the internet; the inclusion of any such link(s) on the Website does not mean nor should it be construed to mean such website is affiliated with the Cheeky Complexion Team, unless such affiliation is specifically stated. We make no representations or warranties, nor do we assume any responsibility with regard to any other website that you may access through the Website.
- If you fail, or if the Cheeky Complexion Team suspects that you have failed to comply with any of the provisions of these Terms and Conditions, the Cheeky Complexion Team, at its sole discretion and without notice to you, may terminate, suspend and/or preclude your or any user’s access to the Website (or any part thereof).
- The Cheeky Complexion Team reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and the Cheeky Complexion Team will not be liable to you or to any third party should it exercise such rights.
- Governing Law. These Terms and Conditions and any disputes arising out of or related to the use of the Website or these Terms and Conditions will be construed and governed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. All actions brought to interpret or enforce any provision of these Terms and Conditions shall be brought in the federal or state courts located in or applicable to Cincinnati, Ohio, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.
- Dispute Resolution. Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
- Contact/Address for Legal Notice. All questions, comments and legal notices should be submitted to: