Terms of service

Terms and Conditions
This Website Terms and Conditions of Use Agreement (“Agreement”) is between Marcelin KWA LLC. dba KWÄ I (“Marcelin KWA,” “Us,” “Our” or “We”) and you (“User,” “You” or “Your”) and is a legal agreement between You and Marcelin KWA. This Agreement is effective as of the date you access the Marcelin KWA Website. This Agreement states the terms and conditions under which you may use the We Are KWA website that belongs to Marcelin KWA DBA KWÄ Website. Please read this Agreement carefully before accessing and using the Marcelin KWA Website. By using and accessing the Marcelin KWA, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, you may not access and use the Marcelin KWA Website. Marcelin KWA may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement.

Agreement to Rules: By participating in any campaigns, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Marcelin KWA as final and binding as it relates to the content of any Campaign.

1. Access:
Marcelin KWA hereby grants You a non-exclusive and non-transferable license to access the website owned or operated by Marcelin KWA and made publicly available by Marcelin KWA via the Internet located at http://www.wearekwa.com (the “Marcelin KWA Website”) solely for viewing and browsing the information on the Marcelin KWA Website for personal and non-commercial use, subject to the terms and provisions of this Agreement. You agree to comply with the Marcelin KWA Privacy Policy which may be modified by Marcelin KWA from time to time.
In order to access some features of the Marcelin KWA Website, You will have to create an account. By creating an account, you represent and warrant that You have a bona fide interest in the purchase of the products being offered through the Marcelin KWA Website. Upon creation of an account, a user password will be forwarded to the email address You provided during registration. You may not use another’s account without permission. When creating an account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Marcelin KWA immediately of any breach of security or unauthorized use of Your account. Marcelin KWA will not be liable for losses caused by any unauthorized use of Your account. However, You may be liable for the losses of Marcelin KWA or others due to such unauthorized use. Upon the creation of an account, You will receive email updates and information regarding the services and products of Marcelin KWA and its partners, affiliates or subsidiaries. You hereby grant Marcelin KWA the right to contact you by email, and via other means of communications in order for Marcelin KWA to provide You with such information.
The products and services available on the Marcelin KWA Website, and any samples thereof Marcelin KWA may provide to you, are for personal use only. You may not sell or resell any of the services or samples thereof, you receive from Us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to You that We believe, in Our sole discretion, may result in the violation of Our Terms of Use.
The information on the Marcelin KWA Website does not constitute a binding offer to sell products described on the Marcelin KWA Website or to make such products available in Your area. Marcelin KWA reserves the right at any time after receipt of Your order to accept or decline Your order, or any portion thereof, in Marcelin KWA sole discretion, even after Your receipt of an order confirmation or after Your credit card has been charged. You may not purchase any item from the Marcelin KWA Website for resale by You or any other person, and You may not resell any item purchased from the Marcelin KWA Website. The prices displayed on the Marcelin KWA Website are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, Marcelin KWA has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Marcelin KWA will issue a credit to your credit card account.

2. Unauthorized Use:
You shall not copy or download the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) or third party Content from the Marcelin KWA s Website without the prior written consent of Marcelin KWA. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Marcelin KWA Website, Content or third party Content or use the Marcelin KWA Website, Content or third party Content for public or commercial purposes. You shall not use the Marcelin KWA Website, Content or third party Content on any other website. Notwithstanding the foregoing,
A. You may access Content or third party Content that constitute audiovisual work (“Marcelin KWA Videos”) solely:
for your information and personal use;
for Streaming (as defined below).
You agree that any Marcelin KWA Video that you are Streaming must be accompanied by the anchor text “Marcelin KWA” and that such anchor text must contain a link to Marcelin KWA home page (http:www.wearekwa.com).
You may display certain Marcelin KWA images and text on your website or on third party websites provided such Marcelin KWA images and text are designated for such use by Marcelin KWA.
You agree that any such Marcelin KWA images and texts must be accompanied by the anchor text “KWÄ Cosmetics” and that such anchor text must contain a link to Marcelin KWA’ home page (http:www.wearekwa.com).
You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of any of the Content or third party Content (as that term is defined below) obtained through the Marcelin KWA Website for any commercial purposes.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Marcelin KWA Website in a manner that sends bulk requests to the Marcelin KWA servers. Notwithstanding the foregoing, Marcelin KWA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the Marcelin KWA Website, but not caches or archives of the Marcelin KWA Website. Marcelin KWA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Marcelin KWA Website, nor to use the communication systems provided by the Marcelin KWA Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Marcelin KWA Website.

3. Ownership and Title:
Title to the Marcelin KWA Website (www.wearekwa.com) and Content (excluding third party Content and User Submissions (as defined below)), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Marcelin KWA Website shall be the exclusive property of Marcelin KWA.

4. Removal of Infringing Material/Copyright Agent:
Marcelin KWA does not permit infringement of intellectual property rights on the Marcelin KWA Website. KWA will remove all Content, third party Content and User Submissions if properly notified that such Content, third party Content or User Submission infringes on another’s intellectual property rights. Marcelin KWA reserves the right to remove User Submissions without prior notice. Marcelin KWA will also terminate a user’s access to the Marcelin KWA Website if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the Marcelin KWA Website more than twice. Marcelin KWA also reserves the right to decide whether Content, third party Content or a User Submission is appropriate. Marcelin KWA may remove inappropriate User Submissions and/or terminate a User’s access for uploading inappropriate User Submissions without prior notice and at its sole discretion.
B. If You believe that any User Submission or other Content or third party Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
(iii) 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 Marcelin KWA to locate the material;
(iv) Information reasonably sufficient to permit Marcelin KWA to contact You, such as an address, telephone number, and email address;
(v) A statement 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Marcelin KWA designated Copyright Agent to receive notifications of claimed infringement is: Christina Marc, email: hello@wearekwa.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), your DMCA notice may not be valid.

5. Trademarks:
Marcelin KWA shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of Marcelin KWA (the “Marcelin KWA Marks”). Excepting the Marcelin KWA Marks, all other product and company names mentioned on the Marcelin KWA Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by Marcelin KWA.

6. No Contest:
You acknowledge that the Marcelin KWA Website, Content and third party Content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Marcelin KWA in connection with the Marcelin KWA Website and Content or third party Content.

7. User Submissions:
A. The Marcelin KWA Website may now or in the future (at the sole discretion of Marcelin KWA) permit the submission of product reviews, videos, photos, audio content, text or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Any information posted or submitted by You on the Marcelin KWA Website shall be deemed non-confidential.
B. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You warrant and represent that: (i) You own or have the right, to use and authorize Marcelin KWA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Marcelin KWA Website and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every individual person in the User Submission to use the name or likeness of each and every such individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Marcelin KWA Website and this Agreement.
C. By submitting User Submissions to wearekwa.com, You grant to Marcelin KWA, its affiliates and related entities and their successors and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works of the User Submissions in connection with the Marcelin KWA Website and Marcelin KWA business (and its successor’s business), including without limitation for promoting and redistributing part or all of the Marcelin KWA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Marcelin KWA Website a non-exclusive license to access Your User Submissions through the Marcelin KWA Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Marcelin KWA Website and under this Agreement.
D. In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Marcelin KWA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Marcelin KWA or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
E. Marcelin KWA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions.
F. You may access User Submissions solely:
for your information and personal use; and
for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Marcelin KWA Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Submission for any purpose or in any manner other than Streaming is expressly prohibited. User Submissions are made available “as is.”
You agree that any User Submission that you are Streaming must be accompanied by the anchor text “Marcelin KWA” and that such anchor text must contain a link to Marcelin KWA home page.
You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Marcelin KWA Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Marcelin KWA Website or features that prevent or restrict use or copying of any Content or third party Content or enforce limitations on use of the Marcelin KWA Website or the Content or third party Content therein.
You understand that when using the Marcelin KWA Website, you will be exposed to User Submissions from a variety of sources, and that Marcelin KWA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Marcelin KWA with respect thereto, and agree to indemnify and hold Marcelin KWA, its suppliers, affiliates, subsidiares, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Marcelin KWA Website.

8. Express Warranties:
You acknowledge and agree that Marcelin KWA (including officers, employees, agents, directors and independent contractors of Marcelin KWA) has not made or granted to You any express warranties concerning the Marcelin KWA Website or Marcelin KWA products or services. Use and performance of Marcelin KWA products and services referenced on the Marcelin KWA Website are subject to Marcelin KWA’ terms and conditions concerning such products and services as made available by Marcelin KWA. You acknowledge that the Marcelin KWA Website does not constitute a grant of an express warranty concerning Marcelin KWA products and services and You waive any and all claims of warranty based on the Marcelin KWA Website.

9. WARRANTY LIMITATION:
The Marcelin KWA website is provided “as is” without warranty of any kind. Marcelin KWA, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third party rights. Marcelin KWA does not warrant and YOU waive any warranty that use of or access to the Marcelin KWA Website by you will be uninterrupted or error free. Marcelin KWA does not make any warranty and you waive any and all warranties as to the results obtained from use of the Marcelin KWA website or as to the accuracy, completeness, timeliness or reliability of the Marcelin KWA website. you acknowledge and agree that use of the Internet and the Marcelin KWA Website shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the Marcelin KWA Website.

10. Inaccuracies:
You acknowledge that the Marcelin KWA Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Marcelin KWA Website.

11. Limitation of Liability:
neither Marcelin KWA, its affiliates, subsidiaries or suppliers shall be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the Marcelin KWA WebSite; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether Marcelin KWA has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.

12. Limitation of Damages:
The liability of Marcelin KWA, its affiliates, subsidiaries or suppliers for any reason and for any cause of action whatsoever in connection with this Agreement and the Marcelin KWA Website, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100). YOU AND Marcelin KWA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Marcelin KWA WEBSITE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Indemnification:
You agree to release, defend, indemnify and hold harmless Marcelin KWA (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the Marcelin KWA Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Marcelin KWA Website; (iii) User Submissions; (iv) Your negligence or acts (or any failure to act); or (v) any breach by You of Your obligations under this Agreement.

14. Export Assurance:
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.

15. Links:
You acknowledge that the Marcelin KWA Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by Marcelin KWA of such websites and the third party content found there.

16. Entire Agreement:
This Agreement and the Marcelin KWA Privacy Policy contain the entire understanding of the parties relating to the Marcelin KWA Website, content and third party content and supersedes all previous verbal and written agreements between You and Marcelin KWA relating to the Marcelin KWA Website, content, User Submissions and third party content.

17. Amendments and Modifications:
Excepting modifications made to the Privacy Policy by Marcelin KWA and modifications made to this Agreement by Marcelin KWA, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of Marcelin KWA.

18. Sever-ability:
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.

19. Governing Law:
The Marcelin KWA Website is based in New Jersey. This Agreement is governed by the laws of the State of New Jersey, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be New Jersey If any material on the Marcelin KWA Website, or Your use of the Marcelin KWA Website, is contrary to the laws of the place where You are when You access it, the Marcelin KWA Website is not intended for You, and You may not use the Marcelin KWA Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

20. User Notice:
All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.

21. Company Notice:
Notices to Marcelin KWA (excepting notices sent pursuant to Section 4(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the address set forth in the first paragraph of this Agreement for Marcelin KWA. Notices to Marcelin KWA shall be deemed given on the date notice is received by Marcelin KWA (as evidenced in the case of Certified or Registered Mail by Return Receipt).

22. Equitable Remedies:
You acknowledge and agree that damages at law will be an inadequate remedy to Marcelin KWA. In addition to other rights which may be available, Marcelin KWA shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.

23. Waiver:
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.

24. Public Announcements:
All public announcements concerning the Marcelin KWA Website or the relationship of You and KWA shall be subject to the prior written approval of KWA.

25. Litigation Expense:
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.

26. Termination:
This Agreement may be terminated by Marcelin KWA at any time without notice or cause. Any and all restrictions imposed upon You with respect to the Marcelin KWA Website and the contents of the Marcelin KWA Website and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.

27. SMS Messages & Email

Marcelin KWA reserves the right to send text messages and emails using the information provided at checkout. We will continue to send messages until we receive a "STOP" message via text or you unsubscribe via email.