TERMS AND CONDITIONS OF USE
Last updated: April 26, 2018
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Through the Sites, you may access to a variety of resources and content. These may include: (a) access to our software incorporated into and/or through our Sites (“Software”); (b) any content uploaded to, on or through the Sites, including but not limited to data, messages, text, images, photographs, graphics, audio and video (“Content”); and (c) any systems used in connection with the Sites to upload, download, share, email, post, publish, transmit or otherwise access or make available Content, including discussion groups, chat areas, bulletin boards, blogs, etc. (“Systems”). Collectively, Software, Content, and Systems shall be referred to hereinafter as “Services”.
You are responsible for your use of the Sites and Services, and for any information you provide to, on or through the Sites and/or Services, or any par thereof. You are also responsible for any consequences resulting indirectly or directly from your use of the Sites and/or Services, or any part thereof. In connection with your use of the Sites and/or Services, or any part thereof, you acknowledge and agree that you shall not:
- copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through the Sites and/or Services, or any part thereof;
- access the Sites and/or Services, or any part thereof, by any means other than through the standard industry-accepted or the provided interfaces;
- transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with such a person or entity;
- post or transmit any Content that contains a virus or corrupted data, use the Sites and/or Services, or any part thereof, in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or Services, or any part thereof;
- delete any author attributions, legal notices or proprietary designations or labels associated with any Content that you upload to, on or through the Sites and/or Services, or any part thereof;
- violate any applicable local, state, national or international law, including, but not limited to, uploading or transmitting any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
Access to Services
You must create an account with us and become a registered user in order to fully access all of the features of the Sites and/or Services. All users must obtain a unique login and password and may be required to agree to the terms of a Software As A Service Agreement (“SaaS Agreement”) as it relates to use of our Software. Prior to using the Software, you must first agree to by clicking on the “I AGREE” (or similar prompt) to evidence your acceptance of the SaaS Agreement.
Age Restriction – Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that the Sites and Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
You must be at least 18 years old to create an account and/or use the Sites and/or Services. The Sites and Services, and every part thereof, is intended for adults only and is not intended for any children under the age of 18. We do not knowingly allow anyone under the age of 18 to create accounts that allow access to the secured features of the Sites and/or Services.
We may charge fees associated with certain aspects of the Sites and/or Services, including, without limitation, for memberships, subscriptions or the download of apps, products and/or additional features. Such products or services, if any, will be made available for purchase on specified pages of the Sites, or otherwise as indicated on or through the Sites and/or Services. In the event of any fee changes by us, we will provide you with commercially reasonable notice of such charge.
If you wish to purchase any product or service made available through the Sites and/or Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
When you provide credit card information to us, you represent and warrant that: (i) you are the authorized user of the credit card that is used for the Purchase; (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any such Purchase; and that (iii) the information you supply to us is true, correct and complete.
You agree to promptly notify us of any changes to your credit card account number, its expiration date and/oryour billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. You will have ten business days to accept any new fees. In the event that you fail to accept the new fees by written notice to us, your subscription, plan, or other ongoing, paid-for products and/or services on or through the Sites and/or Service, as applicable, may be immediately terminated. We reserve the right to collect applicable taxes and impose premium surcharges for certain products and/or services on or through the Sites and/or Services.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
If you order a subscription, each month that you use the Sites and/or Services, or any part thereof, you agree and reaffirm that we are authorized to charge your credit card for the subscription fee.
We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item (“Purchaser Errors”). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Sites and/or Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors.
In no event will we be liable for any defects or other problems associated with downloads or purchases on or through the Sites and/or Services. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any Purchases.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Sites and Services. We may experience delays in updating information on the Sites and/or Services and in our advertising on other web sites. The information found on the Sites and/or Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Sites and/or Services and we cannot guarantee the accuracy or completeness of any information found on the Sites and/or Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Social Networking and Other Third-Party Sites and Services
Accounts and Password
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. You further agree to maintain and promptly update your registration information to keep it true, accurate, current and complete. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Sites.
As a registered user, you must choose a unique username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Website and/or Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You are solely responsible for the activities of anyone accessing the Sites and/or Services using your password, even if the activities were not authorized by you. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Sites and/or Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and/or password. In addition, if you believe or suspect your account and/or password have been compromised, you must promptly change your password using the functionality provided on the Sites.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We have no way of knowing and will not be responsible or liable for any access to the Sites and/or Services, or any part thereof, that is achieved through improper means. In addition, individuals using our Sites and/or Services, or any part thereof, must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. We doe not warrant that the Sites or Services, or any part thereof, are “hackerproof.” You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Sites and/or Services and are fully responsible for all activities that occur under your password or account. You agree (i) to notify us immediately of any unauthorized use of your password or any other breach of security and (ii) to ensure that you log out of your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Some of our Sites and/or Services may be made available in a mobile-friendly format, as well (our “Mobile Site”). All mobile phones that have Internet access can make use of the Mobile Site, if any. Users with mobile phones that have this access also have the option to view the full html website that is available on your computer. Prices for all products and services, including any special pricing and/or promotions, exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. IN NO EVENT WILL SKIN PS BRANDS BE RESPONSIBLE FOR ANY TELECOMMUNICATION CHARGES ASSOCIATED WITH USE OF ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, A MOBILE SITE.
Links To Other Web Sites
Our Sites and/or Services may contain or provide links to third party websites or resources and/or access to contact, products or services of third parties, including, without limitation, users, advertisers, affiliates and sponsors of the Sites and/or Services as well as third-party service providers running Promotions and Social Networks (collectively, “Third-Party Sites”). Such Third-Party Sites are not owned, endorsed or controlled by Skin PS Brands. The inclusion of any link or access does not imply an endorsement by us of the Third-Party Sites.
Skin PS Brands is not responsible in any manner for any Third-Party Sites provided on or through the Sites and/or Services or for any changes or updates to such Third-Party Sites. Skin PS Brands has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Third-Party Sites. We do not warrant the offerings of any of these Third-Party Sites or the entities/individuals that own or operate them.
You acknowledge and agree that Skin PS Brands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Services. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SITES.
We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Sites or services that you visit.
Skin PS Brands respects the intellectual property rights of others and expect users of the Sites and/or Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, you must provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content 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 us to locate the Content; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the Content 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 copyright owner.
Notwithstanding the foregoing or anything herein to the contrary, Skin PS Brands reserves the right to review the Sites and/or Services and to monitor all use of and activity on the Sites and/or Services, and to remove, alter, edit or choose not to make available on or through the Sites and/or Services any Content, in whole or in part, in its sole discretion. We may remove Content that is confidential or proprietary to a third party without that third party’s permission; provided, however, that in no event shall Skin PS Brands be considered a “publisher” or a “speaker,” as defined in Section 230(c) of the Communications Decency Act, codified at 47 U.S.C. §230 et. seq., of any such Content.
THE SITES AND SERVICES DO NOT PROVIDE MEDICAL ADVICE
Skin PS Brands is not and shall not be responsible for any healthcare related emergencies and/or treatment. The Content of the Sites and/or Services are for informational purposes only. Neither the Sites nor the Services, or any part thereof, are a substitute for professional healthcare and/or medical advice, diagnosis or treatment and/or services provided by a personal physician or other qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and/or Services, or any part thereof!
If you think you may have a medical emergency, call your doctor or 911 immediately. Skin PS Brands does not recommend or endorse any specific tests, providers (including, but not limited to, hospitals and physicians), products, procedures, opinions, or other information that may be mentioned on or through the Sites and/or Services, or any part thereof. Any opinions expressed on or through the Sites and/or Services, or any part thereof, are the opinions of the individual author, not of Skin PS Brands. Reliance on any information provided by Skin PS Brands, its employees, others appearing on or through the Sites and/or Services, or any part thereof, at the invitation of Skin PS Brands, or other visitors to the Sites and/or Services, or any part thereof, is solely at your own risk.
If you wish to terminate your account, you may simply discontinue using the Service.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL SKIN PS BRANDS, OR ITS SPONSORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS OR SPONSORS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL) ARISING OUT OF OR IN CONNECTION WITH THE SITES AND/OR SERVICES, ITS CONTENT, OR ANY PRODUCTS OR OTHER SERVICES MADE AVAILABLE THROUGH THE SITES AND/OR SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SITES AND/OR SERVICES, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SKIN PS BRANDS OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SKIN PS BRANDS, ITS SPONSORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS AND SPONSORS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
EXPRESS DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS AT YOUR SOLE RISK. SKIN PS BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SITES AND/OR SERVICES, ANY CONTENT ON THE SITES AND/OR SERVICES, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THE SITES AND/OR SERVICES. THE SITES AND SERVICES AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKIN PS BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKIN PS BRANDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OR THROUGH THE SITES AND/OR SERVICES.
SKIN PS BRANDS ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS ASSOCIATED WITH THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL BE CORRECTED; C) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL MEET YOUR REQUIREMENTS.
STATUTE OF LIMITATIONS
Governing Law and Venue
Compliance with Laws
You shall comply with all applicable law when you use the Sites and/or Services.
Amendment and Waiver
Skin PS Brands shall not be liable for delays in performing or failure to perform any obligations herein, for any reason beyond Skin PS Brands’ control, including but not limited to, acts of God, fires, terrorism, strikes, civil tumult, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction, or any other reason.
Copyright © 2018 Skin PS Brands. All rights reserved for all countries.