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Terms & Conditions

Last Updated: January 6, 2024

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions: The following definitions must have the same meaning whether they are written in the singular or plural.

 

Definitions

For these terms and conditions:

·Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.


·     Country refers to: Florida, United States


·    Company (referred to as either “Divinity”, "the Company", "We", "Us" or "Our" in this Agreement) refers to Divinity Cosmetic Labs, LLC. and its web application Divinity Cosmetic Generator App P.O. Box 880474, Port Saint Lucie, Florida 34988.


·     Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.


·    Service refers to the Website.


·     Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the service and products. These terms govern the use of Divinity's website and constitute a contract between you and Divinity. If you do not agree to accept the terms in their entirety, please discontinue the use of the website immediately.


·     Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.


·     Websites refers to Divinity Cosmetic Labs, LLC. accessible from www.divinitycosmeticlabs.com and its web application Divinity Cosmetic Formula Generator App accessible from www.dcformulagenerator.com


·     "You" and "the Customer" mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


·      If you are under the age of 18, your parents must review and accept these terms before you use this site for any reason. This site is not directed to children under the age of 13.

Digital Products

The digital products, whether modified or not, and all intellectual property and copyright contained therein are and shall at all times remain Divinity's sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product. Your purchase of any of Divinity's digital products constitutes our granting to you a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and to print or convert the product to an image or vector format for your own storage, retention, and reference (the "purpose"). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, resell, sublicense, rent out, share, or otherwise distribute any of our digital products, whether modified or not, to any third party. You agree not to use any of our digital products in a way that might be detrimental to us or damage our reputation. 

Product Variations, Storage, and Shipping

Divinity will use its commercially reasonable efforts to maintain the quality and consistency of the products produced for the customer, including, without limitation, color, scent, and viscosity. The customer agrees to abide by the information contained in the Divinity guidelines. The customer understands that it is normal to see slight variations in color, scent, and viscosity from batch to batch as the raw ingredients may vary from lot to lot and may be affected by climate changes and conditions. The customer agrees that a product shall be considered properly manufactured notwithstanding that a slight color, viscosity, or scent variance exists over the approved sample of the product. Divinity shall not be responsible for the effects of climate changes and conditions during periods when the product is outside the control of Divinity. The customer shall be responsible for mitigating the effects of temperature, humidity, and other weather conditions during shipment and storage by shipping and storing the Products in suitable climate-controlled conditions. All fees and pricing as well as delivery of the products shall be based upon Divinity. If the customer requests delivery at any other specified destination, all charges, taxes, and assessments for shipping, insurance, and freight shall be the responsibility of the customer. Further, if the customer requests delivery at any other specified destination, all risk of loss or damage to the product passes to the customer upon loading at Divinity shipping dock. Any insurance covering products in transit shall be for an amount not less than the full invoice price of the items delivered, with Divinity named as an additional insured unless Divinity has been paid for the Products prior to shipping.​

 

FDA Disclaimer

The products and the information provided about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site, product labeling or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before taking any medication or supplements, especially if you are pregnant or if you have or suspect you might have a health problem.

 

Responsibility of Contributors

If you contribute to the blog, comment on the blog, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
·    the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
·    if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
·    you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
·    the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
·    the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
·    the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
·    your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
·    your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
·    you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Divinity or otherwise.
By submitting Content to Divinity for inclusion on the website, you grant Divinity a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Divinity will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Divinity has the right (though not the obligation) to, in Divinity sole discretion (i) refuse or remove any content that, in Divinity reasonable opinion, violates any Divinity policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Divinity sole discretion. Divinity will have no obligation to provide a refund of any amounts previously paid.

Responsibility of  Website Visitors

Divinity has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Divinity does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Divinity disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

Content Posted on Other Websites. 


We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Divinity website links, and that link to Divinity website. Divinity does not have any control over these websites and webpages and is not responsible for their contents or their use. By linking to a non-Divinity website or webpage, Divinity does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Divinity disclaims any responsibility for any harm resulting from your use of non-Divinity websites and webpages.

Copyright Infringement and DMCA Policy

As Divinity asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Divinity Website violates your copyright, you are encouraged to notify us.

 

Digital Millennium Copyright Act (“DMCA”) Policy

Divinity will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Divinity will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Divinity or others. In the case of such termination, Divinity will have no obligation to provide a refund of any amounts previously paid to Divinity.


Intellectual Property

This agreement does not transfer from Divinity to you. Any Divinity or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Divinity. Divinity website, logo, and all other trademarks, digital products, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of Divinity. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Divinity or third-party trademarks.

 

Changes

Divinity reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Divinity may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 

Termination

Divinity may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Divinity Website account (if you have one), you may simply discontinue using the Website. Divinity can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Disclaimer of Warranties

Divinity Website and products are provided “as is” and "as available, as well as your use of this website. Divinity and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Divinity nor its suppliers and licensors, makes any warranty that the website or products will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain products or services through, the Website at your own discretion and risk.

Limitation of Liability

Commercial use of any formulation generated or purchased on or from Divinity websites is not the responsibility of Divinity, its employees, shareholders, or subsidiaries. It is a condition of use of Divinity websites and methods that the user holds full responsibility for ensuring safe and correct use and storage of any materials they source and use, as well as compliance with local regulations and good manufacturing process (GMP) steps are followed during production. Any information provided is of a general nature and does not represent brand- or product-specific advice. Divinity shall not be responsible for any damages resulting from the use of or reliance on this information. Evaluations of the safety, stability, regulatory compliance, and suitability of all formulas generated, methods, and finished products are the sole responsibility of the user. Please refer to the Safety Data Sheets (SDS) of all ingredients used to ensure the safe handling of all raw materials. Divinity holds no responsibility for inappropriate use of the materials selected, the formulation, or the method, in part or as a whole. In no event will Divinity or its suppliers or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Divinity under this agreement during the twelve (12) month period prior to the cause of action; Divinity shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. ​

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Divinity privacy policy with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Divinity, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Divinity and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Divinity, or by the posting by Divinity of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in St. Lucie County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with Divinity chosen arbitration company, by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in St. Lucie County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Divinity may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about these Terms of Use or your rights or Divinity obligations relating to any of the online services, please email us at contact@divinitycosmeticlabs.com, or divinitycosmeticlabs@gmail.com you may contact us by postal mail at:

 

Divinity Cosmetic Labs, LLC.
P.O. Box 880474
Port Saint Lucie, Florida 34988

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