1. GENERAL
These terms of use (“Terms of Use") set forth herein apply to the web site owned, operated, licensed and/or controlled by Marine Cosmetics Ltd. and its affiliates ("Marine Cosmetics", “We”), located at
www.butaicosmetics.com (the “Web Site”) and apply to all the persons using the Web Site (“User(s)”, “You”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.
By using, accessing or browsing through this Web Site You signify give your acceptance of these Terms of Use. If You do not agree to these Terms of Use, please do not use, access or browse the Web Site. Please note that Marine Cosmetics reserves the right, at its sole discretion, to revise, modify, change or remove portions or all of these Terms of Use, at any time. Please check periodically the following URL
www. butaicosmetics.com to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.
2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
All information, product information, content and/or material posted on the Web Site (“Materials”) are the property of Marine Cosmetics or its licensors, which retain all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.
Without limiting any of the foregoing, You may not copy, reproduce, republish, upload, post, transmit or otherwise distribute, the Materials or any part thereof. You may download, where specifically permitted, one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of Marine Cosmetics' copyright and other proprietary (including intellectual property) rights.
3. PURCHASE OF PRODUCTS
Users may purchase through the Web Site the cosmetics products of Marine Cosmetics (the “Products”). Marine Cosmetics shall endeavor that the information, prices, descriptions and photographs of the Products presented on the Web Site are correct at the time when the relevant information was entered into the Web Site. Marine Cosmetics aim to keep the Web Site up to date, however We cannot assure that the Products’ information on the Web Site is accurate at the time on which the User shall place its order.
The Web Site contains clear instructions for online ordering process of the Products. Prior to the final order, the User should review and confirm the details of the order and thereafter place the order by clicking on the Submit Button at the end of the online order process. After placing the order, Marine Cosmetics shall send the User an e-mail acknowledging the order, in which the full details of the order, including quantity, prices and expected delivery dates, shall be specified. Marine Cosmetics may not accept an order if We suspect that such order involves deceptive activity or is not in compliance with these Terms of Use and/or our Privacy Policy.
All purchases of the Products through the Web Site shall be made using credit cards which belong to the User. The credit cards are subject to validation checks and authorization by the issuer thereof. In the event that the issuer of a credit card refuses to or does not, for any reason, authorize any payment, whether in advance or subsequent to a payment, the Products purchased using such credit card shall not be delivered until final authorization is received and Marine Cosmetics shall not bear any liability for any delay or non-delivery of such Products.
Marine Cosmetics shall endeavor to deliver the Products within the delivery dates quoted on the Web Site, however Marine Cosmetics shall not be responsible for any delays from any reason in the delivery of the Products.
Marine Cosmetics reserves the right to limit the destinations for delivery of the Products and does not undertake that the Products shall be available to purchasers in any country.
Without derogating from the foregoing, any order of the Products shall be subject to the General Terms of Sale specified in the Web Site and any User purchasing the Products shall be required to agree for such General Terms of Sale prior to the placement of any order, by clicking the Button “I agree” at the bottom of such General Terms of Sale.
For any further information or clarifications, you may call our customer service from 9:00 am to 15:00 pm, Sunday to Thursday.
4. COPYRIGHT AND PATENTS
All contents included in the Web Site, such as text, graphics, logos, button,
icons, images, audio clips, digital downloads, data compilations and software, are the property of Marine Cosmetics or its content suppliers and may be protected by international copyright laws.
Without limiting any of the foregoing or hereunder, Marine Cosmetics’s products and technology referred to or posted on the Web Site are subject to copyright or other trade secret and/or any other proprietary rights. No transfer or grant of any such rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and Marine Cosmetics and/or its affiliates reserves all such rights.
5. TRADEMARKS
Without limiting any of the foregoing or hereunder, the Marine Cosmetics logo and “BUTAI” are trademarks of Marine Cosmetics. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by Marine Cosmetics and/or the respective holders. Marine Cosmetics' trademarks and trade dress may not be used in connection with any product or service that does not belong to Marine Cosmetics, in any manner that is likely to cause confusion among customers or users of Marine Cosmetics’ Web Site or in any manner that disparages or discredits Marine Cosmetics.
6. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
Marine Cosmetics is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on this Web Site should be addressed to: info@butaicosmetics.com
Marine Cosmetics will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, Marine Cosmetics will act expeditiously to remove or disable access to any infringing material or link to infringing material.
7. PRIVACY POLICY
General. It is our policy to respect the privacy of all the users of the Web Site. Therefore, subject to the terms of our privacy statement, in general, we will not monitor, edit or disclose the personal details and/or information of the Users unless required in the course of normal maintenance of this Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Marine Cosmetics; (2) protect and defend the legitimate businaess interests, rights or property of Marine Cosmetics, it's Users, customers, sponsors or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users of the Web Site shall remain solely responsible for the content of their messages.
Anonymous Information. Marine Cosmetics may gather anonymous information, which may be used by Marine Cosmetics or shared with third parties. This information does not personally identify You but may be helpful for improving the Web Site as well as the services and products We offer. Such anonymous information may be collected for example through "traffic data" and may entail the use of "cookies", "IP addresses" or other numeric codes used to identify a computer.
Personally Identifiable Information. Marine Cosmetics may gather personally identifiable information about You, ONLY if You voluntarily choose to provide it yourself (for example: while submitting certain forms in or through the Web Site). Such information may include (for example) your: first name, last name, E-mail address, area of interest, address, phone number and any other information which you choose to provide. Personally identifiable information collected may be used to provide Users, upon request, with further information, assistance, support and updates with regards to Marine Cosmetics’ products, technology, etc. User has the right to remove its personal information from the Web Site by submitting a written request to Marine Cosmetics’ customer support department at info@butaicosmetics.com
Third Parties’ Practices. This section does not cover the information practices exercised by other provides of products or services, advertisers or other web-sites, or companies/people that Marine Cosmetics does not own or control, or does not employ or manage. Marine Cosmetics would like to emphasize that Marine Cosmetics is not and cannot be responsible for the content or the privacy policies of Web sites to which it may link or Web sites that link to Marine Cosmetics’ Web Site.
8. LINKING TO THE WEB SITE
Unless You have a written agreement in effect with Marine Cosmetics which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Marine Cosmetics is affiliated with any person or entity, or that Marine Cosmetics otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with Marine Cosmetics’ name and trademarks; (c) all links to the Web Site must "point" to the URL
"www.butaicosmetics.com" and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a User, must not display the Web Site within a "frame" on the linking web site, or any other web site. Without limiting any of the above, Marine Cosmetics reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion.
9. DISCLAIMER
THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARINE COSMETICS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
MARINE COSMETICS DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MARINE COSMETICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL MARINE COSMETICS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES OR ANY OTHER FAILURE TO PERFORM BY MARINE COSMETICS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. CONTENT OF THE WEB SITE
Marine Cosmetics has used reasonable efforts in collecting, preparing and providing quality content and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this Web Site. Users of content from this Web Site or links do so at their own risk.
To the extent that the Web Site contain links to outside services and resources, Marine Cosmetics does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Marine Cosmetics.
12. NO ENDORSEMENT
No reference made in this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of Marine Cosmetics, constitute or imply an endorsement, recommendation or favoring by Marine Cosmetics.
13. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
Marine Cosmetics will make all efforts to keep the Web Site accessible, however assumes no obligation to achieve such goal. It is emphasized that the access to the Web Site may be interrupted due to maintenance, updates and any other actions to be made in the Web Site. Marine Cosmetics shall not bear any responsibility for such interruptions and/or any consequences they may have for the Users.
Marine Cosmetics reserves the right to limit or revoke your access to this Web Site in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.
14. JURISDICTIONAL ISSUES
This Web Site is controlled and operated by Marine Cosmetics from its offices within the State of Israel. Marine Cosmetics makes no representation that materials in this Web Site are appropriate or available for use in other locations.
Those who choose to access this Web Site from other locations explicitly accept the jurisdiction of the State of ISRAEL and its competent courts, do so on their own initiative and are responsible for establishing the usability or correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.
15. GENERAL
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel without giving effect to the principles of conflict of laws thereof, and submitted to the exclusive jurisdiction of the Tel-Aviv Courts, in Israel. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between You and Marine Cosmetics with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. Marine Cosmetics may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by Marine Cosmetics of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.