Legal Notice
This site is owned by Asa Distribution Inc., located at 25501 Northern Blvd. Little Neck, 11362 NY.
1. Terms of use
You are reading a legal document consisting of the agreement between you, the Customer, and the selling company, us, agreeing to the terms of use below.
We offer a platform (including this website), on which a product, retinol and vitamin A A313 cream, is advertised and where information about the product is contained.
The website and our services are intended for commercial use. You may only access the Website through our application, standard web page, mobile browsers and other similar consumer applications, but not by means of a robot, spider, offline reader, automatic search/retrieval application or other automatic or manual devices, tools, retrieval processes, indexing, data collection from our Website, via scraping, spidering or otherwise. As an exception, revocable at any time by us, the operators of public search engines may use spiders to copy materials from the Web site for the sole purpose of and only to the extent necessary to create publicly accessible searchable indices of the material, but not caches or archives of such material.
We reserve the right to prohibit you from using the website and services (or any part of them).
2. User content
The Website may provide account holders and visitors with various opportunities to upload or post articles, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, videos, sound recordings, musical works and other content. User Content may be uploaded or posted through forums, noticeboards, discussion groups, chat rooms, polls, blogs or other forms of communication that we may offer on, through, or in connection with the Website or the Services from time to time. You may be required to have an Account to upload User Content.
If you contribute any User Content, you represent and warrant that you are the creator of the User Content or, if acting on behalf of the creator, that you have the express and clear permission of the creator to upload or post such User Content, and that you have all necessary rights to grant the licenses and concessions set forth in this Agreement with respect to the User Content. You further represent and warrant that by sharing the User Content for the purposes you have chosen, you do not infringe or violate any copyright, trademark or other intellectual property rights or rights of any third party, including rights of publicity and privacy, or that if you are acting on behalf of the creator of the User Content, the creator has represented and warranted the same.
You will not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other intellectual property right without the express permission of the owner of the copyright, trademark or other intellectual property right. Asa Distribution Inc. has no express duty or responsibility to provide you with any indications, marks or anything else that may assist you in determining whether the material in question is subject to copyright or trademark protection. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other intellectual property right or any other harm resulting from such publication.
Asa Distribution Inc. has the exclusive and absolute right, but not the obligation, to review, edit, publish, refuse to publish, remove and monitor User Content. In addition, Asa Distribution Inc. has the exclusive and absolute right, but not the obligation, to disclose User Content and the circumstances surrounding its transmission to any third party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Asa Distribution Inc. and to comply with applicable law, regulation or authorised governmental request. Without limiting the foregoing, Asa Distribution Inc. has the right to remove any material from the Website in its sole and absolute discretion. Asa Distribution Inc. assumes no responsibility or liability for any User Content or other information that appears on or is removed from the Website or other sites. We are not obligated to use your User Content and may not use it at all.
In some circumstances and from time to time, it may be possible to modify or remove User Content that you upload or post through your account. Asa Distribution Inc. does not represent or warrant that User Content that you modify or remove will be modified or removed from the Website or other sites, or that User Content will cease to appear on the Internet, search engines, social networking websites or in any other form, media or technology.
You understand and agree that User Content is public. Anyone, whether or not a user of Asa Distribution Inc. services, can read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you want it to be publicly known. We are not responsible for the use or disclosure of any personal information or any other information you disclose in connection with User Content.
Any User Content of any kind made by you or any third party has been made by its respective author(s) or distributor(s) and not by Asa Distribution Inc. Other users may find User Content inaccurate, misleading or deceptive. We do not assume, and shall not be liable to you or anyone else for any loss or damage caused by your reliance on such User Content. User Content reflects the views of the person posting it and may not reflect the views of Asa Distribution Inc., as we do not control or endorse any User Content, and we specifically disclaim any liability concerning or relating to your contribution, use or reliance on any User Content and any actions resulting from your participation in any part of the website or services, including any objectionable User Content.
Any User Content that you submit to Asa Distribution Inc. may be displayed or may give you the option to display in connection with your personal information, or a portion of your personal information, including, but not limited to, your name, initials, username, social network account username, image, appearance, preferences, voice and location. You grant to Asa Distribution Inc. a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether such User Content appears alone or as part of other works, and in any media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without compensation to you. However, Asa Distribution Inc. shall not be obligated to use your personal information in connection with any User Content.
In the relationship between you and Asa Distribution Inc. you may retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through our Web site, you assign to Asa Distribution Inc. a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content, whether such User Content appears alone or as part of other works in any form, and in any media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without compensation to you. You waive any “moral rights” or other rights regarding attribution of authorship or integrity of User Content materials that you may have under any applicable law or legal doctrine. YUMO’s license to any User Content or personal information submitted includes the use of User Content for promotional, advertising, marketing, market research, borrower company information, quality control or any other lawful purpose.
3. Your obligations
You warrant that all information provided during registration and contained in your Account during the execution of this Agreement is true, complete and accurate, and that you will inform us of any changes to such information immediately by updating your account details.
You are responsible for ensuring that any objects, information or products available on the website meet your own requirements.
You agree without limitation not to use or permit anyone else to use the Services or the Website:
- To upload, send or receive any material, including User Content, that is not civil or in good taste;
- To upload, submit or receive any material, including User Content, that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, hate-inducing, racist, homophobic, infringing, pornographic, violent, deceptive, grossly offensive, indecent, obscene or menacing in nature, blasphemous or defamatory or libelous in nature to a person or entity, in contempt of court or in breach of confidence, or that infringes the rights of another person or entity, including intellectual property rights, trademarks, trade secrets, patents, image rights, publicity or privacy or any rights of third parties;
- to upload, post or receive any material, including User Content, for which you have not obtained the necessary licences and/or permissions (from us or any third party); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, otherwise be contrary to law or infringe the rights of any third party anywhere in the world.
- To upload, send or receive any material which is technically harmful (including computer viruses, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or cause any other loss, damage, destruction or limitation of the functionality of any computer software or equipment);
- To cause annoyance, inconvenience or needless anxiety;
- To intercept or attempt to intercept any communication transmitted by means of a telecommunications system;
- For any purpose other than that for which we have designated it or for which we intend it to be used;
- For fraudulent purposes; or
- In any manner calculated to incite hatred against any ethnic, religious or other minority or calculated to adversely affect any individual, group or entity.
The following uses of the Website and the Services are expressly prohibited and you agree not to do and to prevent anyone else from doing any of the following:
- Resell the Services or the Website;
- Provide false details including false names, addresses and contact details and fraudulently use credit/debit card numbers;
- Attempt to circumvent our security or network, including accessing data not intended for you, accessing a server or Account for which you are not expressly authorised to access, or testing security or other networks (for example, by running a port scan);
- Access the Services (or the Website) as if you are or will be committing an act that imposes or may impose an unreasonable or disproportionately large load on our infrastructure, or otherwise disrupt or interfere with its functionality, efficiency or operation;
- Execute any form of network monitoring that intercepts data not intended for you;
- Send unsolicited mail, including “spam” or other advertising material to individuals who do not specifically request such material. You are expressly prohibited from sending unsolicited bulk email. This includes mass mailings of commercial advertising, promotional, informational and political or religious literature. Such material may only be sent to those who have explicitly requested it. If a recipient requests to stop receiving such mailings, no further mailings may be sent to them;
- Create or forward “chain letters” or other “pyramid schemes” of any kind, whether or not the recipient wishes to receive such mailings;
- Send malicious mailings, including flooding a user’s Travessera de Dalt 18, Bajos 2 or a website with large numbers of mailings;
- Initiate fraudulent interactions with us, a Vendor or an Employer, including voluntarily initiating interactions or transactions on behalf of a third party, where you do not have permission to bind that third party or you pretend to be that third party;
- Use the Services or the Website (or any relevant function of either) in breach of this Agreement;
- Use in an unauthorised manner, or falsify, the header information of an email;
- Engaging in any illegal or criminal activity in connection with the use of the Services and/or the Website or Coupons; or
- Copy or use User Content for any commercial purpose.
Use of the Services and the Website does not include the provision of a computer or the equipment necessary to access them. To use the Services or the Website you need an Internet connection and appropriate telecommunications links. We are not responsible for any telephone, telecommunications or other costs you may incur.
We are not responsible for any errors or omissions. We will use reasonable efforts to correct any errors or omissions as soon as reasonably practicable after they are brought to our attention or we discover them. We reserve the right to change, modify, replace, suspend or withdraw without notice any products, services or information on the Website.
We do not warrant that the Services or the Website are free of viruses or anything else that may have a harmful effect on any technology.
Although we attempt to maintain uninterrupted access to the Services and the Website, access to the Services and the Website may be suspended, restricted or terminated at any time. Your access to the Website and/or the Services may also be restricted from time to time for repairs, maintenance or the introduction of new features or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access and/or edit or remove any material that in our reasonable opinion may lead to a breach of this Agreement.
5. Suspension and cancellation
5.1. If you or anyone other than you, but with your permission, uses the Services or the Website in contravention of this Agreement, we may suspend your use of the Services and/or the Website, in whole or in part.
5.2. If we suspend the Services or the Website, we may refuse to reinstate the Services or the Website until we receive assurances from you, in a form acceptable to us, that there will be no further breaches of the provisions of this Agreement.
5.3. Asa Distribution Inc. will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who breaches this Agreement.
5.4. We shall be entitled immediately or at any time:
- Suspend the Services and/or the Website;
- Suspend your use of the Services and/or the Website;
- Suspend the use of the Services and/or the Website by persons who we believe are connected (however connected) to you;
terminate this Agreement immediately if: you breach this Agreement in any way; we have reasonable grounds to believe that you have breached, may breach, or are about to breach this Agreement; we have reasonable grounds to believe that you may have committed or are committing fraud against us or another person.
5.5. We may terminate this Agreement at any time.
5.6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have for any breach, or any right, obligation or liability acquired prior to termination.
6. Data protection
Please read our Privacy Policy, which forms part of this Agreement.
7. Adverts
7.1. Advertisements may be sent on our behalf by a third party advertising company, which, on our behalf, places or recognises a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, please read our Cookie Policy and Privacy Policy.
8. Links to and from other sites
Where the Website contains links to third party sites and resources provided by third parties, those Other Sites are linked only to provide information and only for your convenience. We do not control, do not accept and assume no responsibility for Other Sites or the content or products on Other Sites (including social networking sites such as Facebook) and accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any Third Party Site linked to the Website, you do so entirely at your own risk.
9.1. Asa Distribution Inc. grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Website in accordance with this Agreement and the additional terms and policies set forth herein. All intellectual and industrial property rights (including all copyrights, patents, trademarks, service marks, trade names, domain names, social network identifiers, designs, registered or unregistered) in the Website and the Services, materials, information and content on the Website or accessed as part of the Services, any databases operated by us, all Website design, text, graphics, software, photos, video, music, sound, data, all software compilations, especially source code and software (including applications and scripts), and all their selection, coordination, management and enhancement shall remain our (or our licensors’) property. You may not obtain or attempt to obtain ownership of or title to any of these items. We reserve all rights.
9.2. None of the foregoing may be reproduced, distributed, copied, modified, published, downloaded, displayed, posted, performed or transmitted, in whole or in part, in any form, and in no way sold, rented, resold, licensed, sublicensed, used to create derivative works, or otherwise exploited without the prior written consent of Asa Distribution Inc. or the rights holder, except as otherwise expressly provided by applicable law. You may, however, retrieve and reproduce content from the Website on a computer screen, or store such content in electronic form (but not on a server or other storage device connected to a network). You may not reproduce, modify, copy, distribute, display, perform or otherwise use for commercial purposes any of the materials, information or content on the Website without our permission. If the law permits the downloading, copying, redistribution, retransmission or publication of copyrighted material, you will make separate attribution and/or make no changes to or delete any copyright attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in copyright or trademark infringement, which may be subject to civil and/or criminal penalties. In addition, you must not engage in any use that exceeds or violates this Agreement.
9.3. TheAsa Distribution Inc. logos and variations thereof found on the Website are trademarks owned by us and any use of such marks is for our benefit. Other trademarks on the Site that are not owned by Asa Distribution Inc. may be licensed to the trademark owner, in which case such licence is for the exclusive benefit and use of Asa Distribution Inc. unless otherwise stated, or may be owned by their respective owners. You may not use the names, logos, trademarks or brands of Asa Distribution Inc. without the express permission of Asa Distribution Inc.
9.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Website and the Services are owned by the relevant content owner or the Employer, and may be protected by intellectual property rights, industrial property rights or other law. This Agreement does not give you any rights in such content other than the licences granted hereunder.
9.5. Except with respect to User Content, the authors of literary and artistic works on the pages of the Website have asserted their immaterial right to be identified as the authors of such works.
This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of, or negatively influence them. The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited:
- Selling medicines.