Terms of service

Updated, May-2022.

Please read the agreement carefully, it is a binding contract.

 

The Lusatian.com website(s) is a service offered and owned solely by

Lusatian Cosmetics.   (collectively  “Lusatian Cosmetics,” “we,” or “us”).

This Terms of Use Agreement (the “Terms of Use”  or “Agreement”) contains

the terms and conditions applicable to your access and use of the Lusatian®

website(s), content, and services (collectively the “websites”), whether accessed

via the internet, wirelessly or through any other method. By visiting the websites

or accessing any content available through the websites you accept this Agreement.

Lusatian may amend this Agreement at any time by posting the

amended Terms of Use on the websites and you agree that your use of the websites after such changes will constitute your acceptance of such changes. For your convenience, the date of last revision is included at the top of this page.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT,

YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE, USE THE WEBSITES.

• •  proprietary rights and permitted use
    

A- You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any

commercial purpose any portion of the websites, use of the websites, or access

to the websites other than as expressly authorized by Lusatian in writing.

Use of the websites in any way not expressly permitted by this Agreement is

prohibited and may be actionable under the United States or international law.

Use of the websites to solicit or market to businesses that appear on the websites is strictly prohibited.

B- As long as you agree and comply with the terms of this Agreement and unless this Agreement is otherwise terminated by Lusatian. You agree that you will not remove or modify any acknowledgments, credits, or legal notices contained on the website(s).

C- You hereby acknowledge and agree that, as between Lusatian and you,

all right, title, and interest in and to the websites, including without limitation

any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Lusatian.

D- You further agree that you will not collect any information from or through the

websites using any automated means, including, without limitation, any script, spider, “screen scraping,” or “database scraping” application.

You will not damage, disable, overburden, or impair the websites or interfere

with any other party’s use and enjoyment of it.

 

User Contributions to the websites

Lusatian provides users, including advertisers, with opportunities to contribute

to the websites.

You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, and other content posted by you on the websites (collectively, the “User Content”),  whether publicly posted or privately transmitted, are your sole responsibility and that you are solely and exclusively responsible for all such User Content. You also represent and warrant that: (i) you own the  content posted by you on or through the websites or otherwise, have the right to grant the license set forth

in this section:

(ii) your posting of the content on or through the websites does not violate

the privacy rights,  publicity rights, copyrights, contract rights, or any other rights of any person, and,

(iii) You further agree that  Lusatian is free to use any ideas, know-how, concepts, techniques, or other materials you send us for any purpose.

• • Lusatian Code of conduct

-You agree that you will not email, post, send, or otherwise contribute to or make available

on the Lusatian websites any content that:

-Is unlawful, harmful, threatening, tortuous, defamatory, libelous, abusive, disparaging, pedophilic,

pornographic, obscene, invasive of another’s privacy, hateful, or malicious.

-Contains hate propaganda or promotes discrimination or violence against any people on account of

their race, national origin, religion, age, gender, disability, or sexual orientation.

-Involves the transmission of “junk mail,” “chain letters,” or an unsolicited mass mailing (“spamming”)

-Promotes information that you know is false or misleading.

-Promotes illegal conduct.

-Is or promotes an illegal or unauthorized copy of another person’s copyrighted work or provides information to circumvent access control technologies.

-Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary rights of any other party.

-Provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18.

-Provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses.

-Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment, whether owned by Lusatian or any other party. -Does not comply with our Ratings and Review policies may be harmful to minors.

-Solicits or collects passwords or personal identifying information from other users for unauthorized or unlawful purposes.

-Otherwise violates any local, state, national, or other applicable law or regulation.

-Impersonate any person or entity, including a Lusatian owner, employee, or falsely misrepresent your affiliation with any other person or entity.

-Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on the Lusatian website(s).

-Stalk or harass any person

-Collect or harvest from the Lusatian website(s) the names of or information

associated with other users If you discover any violation of this Code of Conduct, please notify us at  communication@lusatian.com

Indemnity

          You agree to indemnify, defend, and hold Lusatian, its subsidiaries,

affiliates, service providers, co-branders, and other partners and employees,

harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees,

made by any third party due to or arising out of (a) user content you submit, post to,

or transmit through the websites, (b) your use of the websites, or (c) your violation

of this agreement or any applicable laws or your violation or alleged violation of the

rights of any third party.

• • Links to other site and search

The websites may contain links to websites operated by other parties. Lusatian or Lusatian’s advertisers

provide these links to other websites as a convenience and your use of these sites is at your own risk.

The linked sites are not under the control of Lusatian. We are not responsible for the content available on these third-party sites. Such links do not imply Lusatian’s endorsement of information or material on any other site and Lusatian disclaims all liability with regard to your access to and use of such linked websites.

The websites may provide search results that include third-party content and references to third-party goods or services. You acknowledge and agree that such third-party content belongs to Lusatian advertisers and that Lusatian has no control over such content or the information contained therein.

Third Parties Content

References to third-party goods or services do not imply Lusatian endorsement of those goods or services and Lusatian disclaims all liability with regard to your access to and use of such material.

Trademarks 

The Lusatian® name and logo and related names and logos are trademarks/service marks of Lusatian. Unauthorized use of any Lusatian trademark, service mark, or logo may be a Kuwait and International laws. All third-party trademarks are the property of their respective owners and cannot be used without permission. Third-party trademark references herein do not constitute or imply affiliation, endorsement, or recommendation of Lusatian by the respective trademark owners.

Communications with third parties :

who are registered with Lusatian are solely between you and that third party. Lusatian are not under any circumstances shall be liable for any goods, services, resources, or content available through such third party dealings or communications or for any harm related thereto

Modifications to sites

Lusatian reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the websites or any portion thereof with or without notice. You agree that Lusatian shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the websites.

 

Suspension and/or termination rights

  Lusatian reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your registration for any program, your ability to access the websites, and/or your ability to remove any User Content for any reason, including, without limitation, any breach by you of this Agreement or conduct by you that Lusatian determines in its sole and absolute discretion to be inappropriate. You agree that Lusatian shall not be liable to you or any third party for any such suspension or termination.

 

Privacy policy of all of our users

Is important, please review our Privacy Policy. If you do not agree you may not use the websites.

 

Back-up your work

We are not responsible for any lost data resulting from crashing beyond our control.

 

Passwords

You will be provided by one upon registration send to your email, and you may change it at your discretion. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lusatian of any unauthorized use of your password or account or any other breach of security and (b) log out of your account at the end of each session.

 

User’s private information and contents

Without limitation of any of the rights granted to Lusatian herein, you acknowledge and agree that Lusatian may preserve and disclose your personal information and/or any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process, (b) enforce our rights, (c) respond to claims that any User Content violates the rights of third parties, or (d) protect the rights, property, or personal safety of Lusatian, any individual, or the public.

 

Children:

We do not knowingly collect information from children under 13 years of age. If you are under 13, please do not submit any personally identifiable information to the websites.

 

Disclaimer of warranties

THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Lusatian MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRE-CAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEX ONE OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NEITHER DEX ONE NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lusatian ONE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITES, EVEN IF LUSATIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING,

LUSATIAN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LUSATIAN DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.

• • Dispute resolution and governing law

+    If you and Lusatian are unable to resolve any controversy or claim related to this Agreement (each a “Dispute”), both parties agree that except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the Kuwait Arbitrations Committee For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so.

+   You and Lusatian agree that any arbitration shall be limited to the Dispute between

Lusatian and you individually. To the full extent permitted by law: (1) no arbitration shall

be joined with any other,

(2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and

(3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

• • Governing law:

Except as otherwise provided for herein, this Agreement shall be governed by and will be construed under, the laws of the State Kuwait, without regard to choice of law principles.

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Please direct any questions you may have about the Terms of Use or legality to:

Lusatian

Jassim Taqi Mohammad

P.O. BOX 6899

Hawally – 32043

The State Of Kuwait
Phone: +965.990.88058
Email: communication@lusatian.com