Terms and Conditions

TERMS AND CONDITIONS OF USE

Welcome to Cheekinis. Through the Cheekinis site, located at https://cheekinis.com, and our affiliated sites, including without limitation (collectively, the “Site”),

Your use of the Site is subject to these Terms and Conditions of Use, which include the Privacy Policy (“Terms”). You must agree to these Terms before using the Site or any of the services offered through the Site (collectively, the “Service”). These Terms constitute a binding contract between Cheekinis LLC (“Cheekinis”, “we” or “us”) and you (“you”). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.

We suggest that you print out a copy of these Terms for your records.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLOSURE

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CHOICE OF LAW/JURISDICTION

These Terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in Miami in the state of Florida, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE SERVICE PROVIDER TERMS MUST BE ASSERTED INDIVIDUALLY.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

PRIVACY POLICY

Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

INTELLECTUAL PROPERTY
You acknowledge that all materials on the Website, including the Website’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Cheekinis and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. Cheekinis authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Cheekinis or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names (collectively, “Marks”) contained or described at the Website are the sole property of Cheekinis and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Cheekinis and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Cheekinis and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Cheekinis. Cheekinis reserves the right to enforce its intellectual property rights to the fullest extent of the law.

WEBSITE USE
If you establish an account at the Website in order to take advantage of certain features of this Website, such as making a purchase. If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Cheekinis has reasonable grounds to suspect that such information is false, inaccurate or outdated, Cheekinis has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Cheekinis of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Cheekinis. The Cheekinis Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.

You further agree that you will not access this Website by any means except through the interface provided by Cheekinis for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Cheekinis is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of Cheekinis is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

Cheekinis makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the Cheekinis Parties, are responsible for compliance with applicable local laws.

TERMINATION

You agree that Cheekinis may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Cheekinis, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user or the Cheekinis Parties.Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Warranties, Disclaimers and Limitations of Liability,” “Indemnification,” “Applicable Law and Jurisdiction” and “User Content and Conduct” sections of these Terms of Use.

Cheekinis reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that Cheekinis Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

WARRANTIES, DISCLAIMER AND LIMITATIONS OF LIABILITY

You expressly understand and agree that:

Your use of the website is at your sole risk. The website and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these terms of use, Cheekinis, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives (collectively, the “Cheekinis parties”), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Cheekinis parties make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.

All products and services purchased on or through the website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Cheekinis parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the Cheekinis parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.

The Cheekinis parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Cheekinis and you. The products, information and services offered on and through the website would not be provided without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the Cheekinis parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Cheekinis on this website.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Cheekinis parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Website.

CHEEKINIS PRODUCTS

The Cheekinis products displayed on this Site may be available through this Site or at select Cheekinis retail stores in the United States of America and foreign markets. However, Cheekinis cannot guarantee that the products appearing on this Site will be available through this Site or at every authorized Cheekinis retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Cheekinis at any time without notice. For United States customers, prices displayed on the Site are quoted in U.S. Dollars. For International customers, prices are displayed in designated which is in customer’s local currency in most cases, but in US Dollars for some International countries. Cheekinis will display colors of products as accurately as possible, however Cheekinis cannot guarantee that Your monitor will display the correct colors. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein. Once an order is placed it may take 10 business days for items to be delivered.

Products offered for sale on this Site are for Your personal use only, not for re-sale. Cheekinis reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms Cheekinis business practices, applicable laws or policies.

Please contact Cheekinis at https://cheekinis.com/contact Monday-Friday, however our business hours are between 8:00 A.M. — 7:00 P.M. EST Monday through Friday, except for holidays as we will be closed. If You need assistance with ordering products on this Site.

Items ship within 3-10 business days.

VENDORS

All invoices must be approved by management first before a payment is sent out. We will submit payment electronically and if there are any fees that are deducted from a 3rd party you are solely responsible to cover any/all fees deducted. We are not liable to pay fee if the 3rd fees. Cheekinis may amend these Terms at any time by posting the amended terms on this Site. Make sure to check site regularly in case terms have changed or have been updated.

Any invoice you submit may have a deduction, if management believes that you are not to be paid in full, this includes if you/item was late, or if you did not follow instructions on what we had asked of you to do, or if the finished product is not what we asked for or required. You are providing a service and you are responsible to make sure that you follow instructions.

We are not responsible for any lost or stolen items before or during any of our shows, photoshoot or events. You are to keep on eye on your things and you are solely responsible for all and any of your items and this includes any of the items that you are modeling or using for an event, shoot or show. The item that you are given to model or shoot must be returned in its original condition or you will be charged full price for it/them.

No Affiliation With any modeling Agency, Agent or Management. You agree that you have not signed any agreement with any type of Agency Agent or Manager that would prevent you from shooting or working with Cheekinis. You do not have a contract or agreement with any third party that would interfere with our representation of you. You agree to notify us immediately in the event you enter into any contract.

These apply to any/all contractors (this uncludes; models, photographers, makeup artists, hair stylists, factories or any vendors.)

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may however visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, by not using the site.

MISCELLANEOUS

These Terms of Use constitute the entire and only Terms of Use between Cheekinis and each user of the Website with respect to the subject matter of these Terms of Use.

If any provision of these Terms of Use be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

The failure of the Cheekins parties to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.