- All content ©2023 Copyright Individuel Cosmetics
- All rights reserved. Individuel Cosmetics is a trademark of Espit Sàrl
Last Updated: April 1, 2022
Welcome to ‘kr.individuelcosmetics.com’ (the “Website”), operated by INKO,ltd ( “COMPANY”, “our” “us” or “we”). The Website enables people to browse the Website anonymously without creating an account (“Visitors”). The terms “you”, “your” and “yours” when used herein refer to Visitors; This Agreement sets forth the terms and conditions that govern your use of the Website.
1.1 Acceptance. Please read this Agreement carefully before accessing the Website. In order to use the Website, you must first agree to be bound by the terms and conditions set forth in this Agreement. By accessing the Website, Visitors indicate that they have read, understood and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (i) you are under the age of 13, or (ii) you are a person barred from using the Website either (a) under the laws of the country in which you reside or from which you are attempting to access the Website, or (b) due to prior violations of this Agreement. If you are 13 years of age or older but under legal age, you may use this Website only with involvement and consent of your parent or guardian.
1.2 Modification. We reserve the right to modify this Agreement at any time for any reason and without notice to you, other than the posting of the amended Agreement on this site. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement.
2.1 Copyright.
“COMPANY” (or in some cases, a third party) retains ownership of all intellectual property on the Website other than User-Generated Content, including, but not limited to, visual interfaces, graphics, design, compilation, computer code, software, and aggregate user review ratings.
You may print copies of materials on the Website for your personal, noncommercial use only, provided that (a) you must keep intact all copyright, trademark, and other proprietary notices appearing therein and (b) you use such materials solely in the manner permitted by this Agreement and not in any manner that competes with us.
2.2 Intellectual Property Rights. ”COMPANY” respects the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Website in a way that constitutes an infringement of your copyright rights, please provide our copyright agent with a copyright infringement notice (“Notice”), which should include the following written information:
– a statement that you have identified material on the Website that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
– identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are at issue, a representative list of such works;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit “COMPANY” to locate the material (e.g., a URL and/or screen shot);
– your full name, email address, postal address, and telephone number through which you can be contacted;
– a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
– a statement by you that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
– a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of the owner of the work that is allegedly infringed.
“COMPANY”’s agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:
Individuel Geneve
3rd floor, 26 dosan-daero 54gil, Gangnam
Email: [email protected]
If you are unsure about your rights with respect to any content on the Website, or whether there has been an infringement of your rights, we suggest you obtain legal advice before sending a Notice to “COMPANY”.
2.3 Trademarks. The trademarks “Individuel Geneve,” “COMPANY” logo, and all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names appearing on the Website and which indicate a source of goods or services (collectively, the “Trademarks”) belong exclusively to “COMPANY” or to our licensors, sponsors, suppliers or other third parties, as indicated. Trademarks are protected by the trademark laws of the United States and other applicable jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademark in any way, including distributing Content for advertising or publicity or otherwise, without our prior written consent or the consent of such third party Trademark holder, as applicable.
You shall not use the Website in any manner that: (a) is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs); (b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way; (c) infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person); (d) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) causes us to lose (in whole or part) the services of our internet service providers or other suppliers; (f) links to materials or other content, directly or indirectly, to which you do not have a right to link; (g) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by “COMPANY” in its sole discretion; (h) copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof; (i) violates, or encourages anyone to violate this Agreement, any ancillary terms and conditions listed on the Website, or the Privacy Policy; or (j) violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation or order.
The Website provides links to third party websites that we believe may be of possible interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (i) the availability of such websites, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (iii) your participation, correspondence or business dealings with any third party found on or through the Website regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party, or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party including, without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third party website linked to from the Website, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable.
Creating or maintaining any link from another website to any page on this Website without “COMPANY”’s prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without “COMPANY”’s prior written permission is also prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY “COMPANY” ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. “COMPANY” MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. “COMPANY” DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. “COMPANY” DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; SERVERS ON WHICH THE SITE OPERATES; OR EMAIL SENT FROM “COMPANY”, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
“COMPANY” WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. WITH REGARD TO YOUR PURCHASE OF MERCHANDISE FROM THIS SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, “COMPANY”’S SOLE AND EXCLUSIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR SUCH PURCHASE. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF “COMPANY” WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL THEIR ESSENTIAL PURPOSE.
You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement on your own and that this Agreement is enforceable against you (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, (c) all purchases made through the Website are not intended for resale and are for personal use or for use as a gift, and (d) you accept and will abide by the terms of this Agreement (including the disclaimer of warranties provisions set forth in Section 7 and the limitation of liability set forth in Section 8, the Privacy Policy set forth in Section 11) and any other ancillary terms and conditions posted on the Website.
You will indemnify and hold us (and our affiliates, subsidiaries, related entities, and our and their respective officers, directors, employees, and agents) harmless from all claims, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable legal fees, due to or arising out of your breach of this Agreement, your use of the Website, or your breach of any law or the rights of a third party, including the violation of any third party’s intellectual property rights.
Unless otherwise noted, “COMPANY” is neither affiliated with, nor sponsored or endorsed by, any specific product, service, methodology or person. The owners of any third party trademark or copyright appearing on the Website are not sponsors of “COMPANY” or the Website and have not endorsed and are not affiliated with “COMPANY” or the Website, and “COMPANY” is not a sponsor and does not endorse any such third parties, unless otherwise noted.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and “COMPANY” by this Agreement.
Both you and “COMPANY” agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. Notwithstanding the foregoing, “COMPANY” is not required to provide notice under this section if you are a Visitor who has not provided “COMPANY” with your right and current address.
Korean law is applicable.
You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by “COMPANY”, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If “COMPANY” does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which “COMPANY” has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of “COMPANY”’s rights, and all such rights or remedies shall still be available to “COMPANY”.
If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced herein or included in the Website sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement shall survive suspension or cancellation of your account to the extent necessary to carry out the obligations of you and “COMPANY” hereunder.
If you have any questions or concerns regarding the Website, please contact us by email at [email protected] or write to us at Individuel Geneve, 3rd floor, 26 dosan-daero 54gil, Gangnam, Republic of Korea.
