These terms and conditions of use (hereinafter, "Terms of Use") govern the user's ("User") access to and use of the website www.macococosmetics.com ("Website"), and the services offered to User when User visits or shops on the Website (the "Services"). These Terms of Use also govern User's access to and use of and the Website's content, including its text, layout, images, graphics, logos, button icons, audio clips, digital downloads, data compilations and the selection and arrangement thereof (collectively, "Content") available on or through the Website. The Website is owned and operated by MACOCO, a Delaware corporation, having an address at NEW FLY Rte Touristique Kantaoui Sousse TUNISIA. These Terms of Use govern the relationships between User and each and MACOCO.
The User's use of the Website and Services constitutes User's agreement to and acceptance of these Terms of Use. In addition, as a condition of User's use of the Website, User represents and warrants to MACOCO that it will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. If a User does not agree to and accept these Terms of Use, that User is prohibited from accessing and using the Website and the Services. These Terms of Use govern User's use of the Website and the Services regardless of whether User is accessing the Website or Services from a computer or mobile phone device (for example, through an iPhone application). BY ACCESSING, BROWSING OR USING THE WEBSITE AND/OR THE SERVICES, USER ACKNOWLEDGES AND AGREES THAT USER IS AT LEAST 18 YEARS OLD, HAS READ AND UNDERSTANDS THESE TERMS OF USE, MACOCO'S PRIVACY POLICY AND AGREES TO BE BOUND HEREBY AND THEREBY. IF USER IS NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF USE AND MACOCO'S PRIVACY POLICY, THEN USER MAY NOT BROWSE OR USE THE WEBSITE. MOREOVER, MACOCO DOES NOT AND WILL NOT GRANT USER ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE OR THE SERVICES WITHOUT USER'S WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THESE TERMS OF USE AND MACOCO'S PRIVACY POLICY.
The Services available on the Website may be subject to additional terms. When using the Services, User will also be subject to the terms and agreements applicable to the specific Services (for example Terms and Conditions of Sale relating to the purchase of products, etc.). In the event of an inconsistency between these Terms of Use and the terms specific of a Service, the Service terms will control.
User agrees that the Website and the Content are and remain the sole property of MACOCO, and, except as expressly permitted by MACOCO in writing, User's license to access, browse and/or use the Website and the Content is limited solely to a limited, personal, revocable, non-exclusive, non-transferable license to (i) access and view the Website and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for User's non-commercial use and not for resale or distribution to anyone else. User further agrees that, with respect to any Content that User downloads, creates, generates, stores and/or prints, pursuant to these Terms of Use, User will reproduce and include all copyright and other proprietary notices included in such Content.
Except as expressly permitted by MACOCO in these Terms of Use or otherwise in writing, User may not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or the Content, in whole or in part, in any form or by any means, whether manual or automatic. User shall not use any keywords, metatags, meta elements, "hidden text" or other equivalents using the name "MACOCO", "MACOCO COSMETICS" or any colorable equivalent thereof without the prior written authorization of MACOCO.
All rights not expressly granted to User in these Terms of Use are expressly reserved and retained by MACOCO or its licensors, suppliers or other content providers. Users may not misuse the Website or Content and may only use the Website and Content as permitted by law. In the event User fails to comply with these Terms of Use, the licenses granted by MACOCO shall terminate immediately.
All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, including without limitation any and all trademarks, copyrights and patents, are the property of MACOCO, its licensors or suppliers. The Website and Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by MACOCO's express written authorization.
Except as provided in these Terms of Use, MACOCO does not grant User any rights in or to the Trademarks or the Other Trademarks. User agrees that User shall not use the Trademarks or Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of MACOCO or the respective owners of the Other Trademarks as the case may be.
MACOCO vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, MACOCO will prosecute any unauthorized use or reproduction of any of the Content, databases used to store the Content ("Databases") and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
User acknowledges and agrees that the Content and Databases or any other information contained therein are valuable intellectual property owned by or licensed to MACOCO, and that no proprietary rights therein are being transferred to User by these Terms of Use. User agrees that it shall not, directly or indirectly, (i) use any of the Content, Databases or any other information contained therein for any purposes other than User's personal, non-commercial use; (ii) use the Content, Databases or any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom; (iii) use the Content, Databases or any other information contained therein in violation of any applicable laws or regulations; (iv) publish or distribute in any medium the Content, Databases or any other information contained therein, in whole or in part, to any other entity; (v) access or attempt to access any other User's account; (vi) obtain or ascertain or attempt to obtain or ascertain any other User's username, password and/or personal information (“Personal Data”) by any means whatsoever; (vii) elude or attempt to elude the Website's security systems; (viii) attempt to gain access or gain access to the Website in a fraudulent manner; (ix) use the Website for any purpose other than those intended by MACOCO as set forth in these Terms of Use; or (x) upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
User acknowledges and agrees that any and all misappropriation or misuse of the Content, Databases and/or any other information contained therein will cause irreparable harm to MACOCO and that in such event money damages will not constitute sufficient compensation to MACOCO. Consequently, in the event that User, directly or indirectly, misappropriates or misuses the Content, Databases and/or any other information contained therein, User specifically consents to MACOCO obtaining injunctive relief against User in addition to any other legal or financial remedies to which MACOCO may be entitled.
MACOCO reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate a User's password and account should that User be in violation of these Terms of Use. If you are under 18, you may use the Website and the Services only with the involvement of your parent or guardian. MACOCO reserves the right to refuse to provide services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
MACOCO may from time to time permit Users to submit content to the Website. User hereby acknowledges and agrees that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than Personal Data and/or Registration Information) to MACOCO through the Website (individually and collectively, “Submissions”), User (i) grants MACOCO a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grants MACOCO the right to pursue at law any person or entity that violates User's and/or MACOCO's rights in User's Submissions; and (iii) forever waives any and all of User's rights, including but not limited to moral rights, if any, in and to User's Submissions, including, without limitation, any all rights or requirements of attribution or identification of User as the author of the Submission or any derivative thereof. User further acknowledges and agrees that User's Submissions are non-confidential and do not contain proprietary information. MACOCO reserves the right to not post a User Submission on or to remove any User Submissions from the Website, in whole or in part, without notice, for any reason or no reason. MACOCO is not liable for nor does it endorse any statement, idea or representation contained in the Submissions, and MACOCO does not guarantee the Submission's accuracy, integrity or quality. Further, any review that violates the provisions of these Terms of Use or the guidelines set forth below regarding submission of content will not be posted on the Website.
Except as described in MACOCO's Privacy Policy, MACOCO will not be required to treat any Submissions as confidential, and User acknowledges and agrees that MACOCO may use, in connection with its business, any of the concepts and ideas contained in User's Submissions (including, without limitation, product or advertising ideas) without compensation to User, and MACOCO will not incur any liability to User as a result of any similarities between concepts and ideas contained in User's Submission and future MACOCO operations and business. Except as otherwise set forth in these Terms of Use, MACOCO is entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to User or any other person, and without User's consent.
User Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to MACOCO's Privacy Policy. User is responsible for the content of User's Submissions and agrees to defend, at MACOCO's option, and at User's sole expense, indemnify and hold MACOCO, its affiliates and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys' fees, which MACOCO may incur as a result of User's Submissions.
MACOCO has extensive security measures in place to protect the loss, misuse and alteration of the information stored in its Databases. MACOCO will exercise reasonable care in providing secure transmission of information between Users' computers and MACOCO's servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, MACOCO does not ensure or warrant the security of any information transmitted to MACOCO over the Internet, and MACOCO accepts no liability for any unintentional disclosure of User's information.
MACOCO recognizes the importance of protecting the privacy of Users. Users are encouraged to view the Website's Privacy Policy, which is incorporated by this reference into and made part of these Terms of Use.
All disputes against MACOCO, including but not limited to disputes as to these Terms of Use, the license hereunder, Website access restriction and/or termination, MACOCO's intellectual property, privacy and disclaimer of warranties shall be governed by the laws of Tunisia.
Except as otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms of Use and other Website policies shall be brought solely in Tunis. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between MACOCO and User with respect to User's access to and use of the Website. These Terms of Use supersede all prior or contemporaneous communications and proposals between User and MACOCO, whether written or oral, with respect to User's access to and use of the Website. For the avoidance of doubt, other agreements between User and MACOCO, including, without limitation, the other policies and terms posted on the Website with respect to privacy, terms of sale and/or other subject matter that is unrelated to User's use of and access to the Website, are not governed by or superseded by these Terms of Use.
All User communications and complaints regarding MACOCO and the Website shall be communicated by email or postal mail to the address set forth hereinabove.