Terms of Service
By using the Cocktail Gloss website and services owned and operated by PopShoppes, LLC ("PopShoppes" or "Cocktail Gloss"), you agree to be bound by the following terms of service, as well as any other guidelines, rules and additional terms referenced herein, and rules are hereby incorporated herein by this reference (collectively, “Terms of Service”).
Cocktail Gloss offers the opportunity to purchase products online through the Cocktail Gloss Site. All purchases are subject to the terms and conditions of these Terms of Service and any additional requirements shown on the product or checkout page or in the FAQ.
Prices: Prices of products and shipping and other charges displayed on this site may be changed at any time without notice. Stated prices do not include shipping and handling or taxes. You are solely responsible for any sales, local or similar taxes and duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes imposed on any products ordered by you. All prices are stated in United States dollars.
Charges: If you purchase by credit card, we may authorize the amount of your purchase with your credit card issuer at the time you place your order.
Availability: We cannot guarantee availability of product, even if our site shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.
Products Purchased Elsewhere: We cannot guarantee that products shipped from retailers other than Cocktail Gloss will not be damaged during shipment. If you received damaged goods from another store or Internet retailer, please report any damages directly to that company. Please do not report these damages to Cocktail Gloss.
Orders: We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your credit card has already been charged for an order at the time it is rejected, declined or cancelled, we will issue a credit to the credit card account which was charged.
Shipping/Risk of Loss: We will ship your order to the address you provide in compliance with these Terms of Service. You are solely responsible for any inaccurate or incomplete shipping information. All items purchased from the Cocktail Gloss Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the event your order is lost during shipping, we will assist you in pursuing a claim with the shipper, but will not be liable for any orders which are lost during shipping or misdelivered.
Instagram, Facebook, Twitter, Pinterest, Youtube, and Other Social Media Sites
Registration and Security
In order to use or access some of the Cocktail Gloss’s Services, you may be required to register with Cocktail Gloss and to select a password and user name. If you register, you agree to provide Cocktail Gloss with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Cocktail Gloss reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Cocktail Gloss Service shall be for your personal use only. You agree to (a) immediately notify Cocktail Gloss of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services by Members
You may invite people you know to join Cocktail Gloss. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Cocktail Gloss Service ("Content"), and other items displayed on the Cocktail Gloss Site, for your own use, provided that you maintain all copyright and other notices contained in such Content. Cocktail Gloss does not control the Content posted by third parties via the Cocktail Gloss Service, including the content of any messages, comments or postings, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Cocktail Gloss Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cocktail Gloss be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Cocktail Gloss Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. Cocktail Gloss reserves the right, in its sole discretion, to edit and delete links or content that we deem offensive and non-compliant with our terms of service. Cocktail Gloss also reserves the right to append or edit links submitted by users with our affiliate marketing tags. Links submitted by users with their own affiliate codes will be modified accordingly.
Restrictions on Rights to Use
You shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the Cocktail Gloss Site and/or Cocktail Gloss Service;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Cocktail Gloss Site and/or Cocktail Gloss Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Cocktail Gloss Site and/or Cocktail Gloss Service;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share with other Cocktail Gloss users or members;
- reformat or frame any portion of the web pages that are part of the Cocktail Gloss Site and/or Cocktail Gloss Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the Cocktail Gloss Site and/or Cocktail Gloss Service or otherwise interfere with other user's or member's enjoyment of the Cocktail Gloss Site and/or Cocktail Gloss Service;
- submit any third party materials or Content without such third party's prior written consent;
- submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by Cocktail Gloss;
- submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the Cocktail Gloss Site or Cocktail Gloss Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any Content offered on the Cocktail Gloss Site for other than your own use;
- submit Content or materials that are unlawful or promote or encourage illegal activity;
- submit false or misleading information to Cocktail Gloss;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use the Cocktail Gloss Site and/ or Cocktail Gloss Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Content Posted By You on the Cocktail Gloss Site.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- You understand and agree that Cocktail Gloss may review and delete any Content (posts, links, images, profiles, comments, messages) that in the sole judgment of Cocktail Gloss violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Cocktail Gloss Site and/or other website users.
- You are solely responsible for the any Content that you publish or display on the Cocktail Gloss Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
- You are solely responsible for your ratings and comments on Cocktail Gloss. Cocktail Gloss reserves the right, but has no obligation, to monitor disputes between you and any other person.
- You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Content on the Cocktail Gloss Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Cocktail Gloss, its contractors, and the users of the Cocktail Gloss Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
- The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Cocktail Gloss Site. Cocktail Gloss reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Cocktail Gloss Service and terminating the membership of such violators or blocking your use of the Cocktail Gloss Service and/or Cocktail Gloss Site. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the Cocktail Gloss Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
Copyright Dispute Policy
Cocktail Gloss has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of Cocktail Gloss’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
It is Cocktail Gloss’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
If you believe that material or Content residing on or accessible through the Cocktail Gloss Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Cocktail Gloss is capable of finding and verifying its existence;
- Contact information about the Cocktail Gloss including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Cocktail Gloss policy:
- to remove or disable access to the infringing material;
- to notify the Content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that Cocktail Gloss will terminate such Content provider's, member's or user's access to the service.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Cocktail Gloss is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Cocktail Gloss may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Cocktail Gloss’s discretion.
Cocktail Gloss’s designated Copyright Agent to receive notifications of claimed infringement is: Andrew Loren Klamer, 269 S. Beverly Drive, #700, Beverly Hills, CA 90212, email: , phone: (800) 278-1760.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cocktail Gloss’s customer service at info@PopShoppes.com. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
Contacts With Other Users
If you enter into correspondence or engage in contact or transactions with third parties in connection with your use of the Cocktail Gloss’s Service, such activity is solely between you and the applicable third party. Cocktail Gloss shall have no liability, obligation or responsibility for any such activity. You hereby release Cocktail Gloss from all claims arising from such activity.
Cocktail Gloss, the Cocktail Gloss logo, Signature Formula and Soak in Style are trademarks of PopShoppes LLC. Except for the Content submitted by members or users, the Cocktail Gloss Service and all aspects thereof, including all copyrights (including all copyrights in the Cool button), trademarks, and other intellectual property or proprietary rights therein, is owned by Cocktail Gloss or their respective owners. You acknowledge that the Cocktail Gloss Service and any underlying technology or software used in connection with the Cocktail Gloss Service contain Cocktail Gloss's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Cocktail Gloss Site, or Cocktail Gloss Services in whole or in part except as expressly provided in Cocktail Gloss’s policies and procedures made available via the Cocktail Gloss Service. Except as expressly and unambiguously provided herein, Cocktail Gloss and its suppliers do not grant you any express or implied rights, and all rights in the Cocktail Gloss Service not expressly granted by Cocktail Gloss to you are retained by PopShoppes LLC (DBA Cocktail Gloss.)
THE COCKTAIL GLOSS SITE IS PROVIDED BY COCKTAIL GLOSS ON AN "AS IS" BASIS. POPSHOPPES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE COCKTAIL GLOSS SITE, COCKTAIL GLOSS SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE COCKTAIL GLOSS SITE OR IN ASSOCIATION WITH THE COCKTAIL GLOSS SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COCKTAIL GLOS DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COCKTAIL GLOSS FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE COCKTAIL GLOSS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COCKTAIL GLOSS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE COCKTAIL GLOSS SITE. COCKTAIL GLOSS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COCKTAIL GLOSS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
COCKTAIL GLOSS DOES NOT WARRANT OR COVENANT THAT THE COCKTAIL GLOSS SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE POPSHOPPES SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COCKTAIL GLOSS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COCKTAIL GLOSS, THE COCKTAIL GLOSS SITE OR THROUGH OR FROM THE COCKTAIL GLOSS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation Of Liability
Cocktail Gloss shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Cocktail Gloss’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
WITHOUT LIMITING THE FOREGOING, COCKTAIL GLOSS AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COCKTAIL GLOSS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO COCKTAIL GLOSS FOR THE COCKTAIL GLOSS SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold Cocktail Gloss, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Cocktail Gloss Site, (ii) your use of the Cocktail Gloss Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Last Updated: June 7, 2019