Registration and Password Certain portions of our Site, including, but not limited to, when you make purchases, may require registration. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SKIN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SKIN has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to create a user name, password and account designation upon completing the registration process. User names should not include your full name and we recommend that you select a fanciful name. 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 may never use or access another person's account without permission, impersonate another user, or seek another user's password or personally identifiable information. You agree to (a) immediately notify SKIN 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. SKIN will not be responsible or liable for any loss or damage arising from or inconnection with your failure to comply with this requirement, any unauthorized access to your password or your failure to adequately protect your password.
SKIN's Intellectual Property Rights and Limited License
SKIN reserves the right to modify the license granted in this section and the restrictions described in this section in writing on the Site, including, without limitation, by charging fees therefore and/or making certain features available through the Site that may invite you to use the Materials in a manner not described above.
SKIN may add, change, discontinue, remove or suspend any of the Materials at anytime, without notice and without liability. Any attempt by you to sublicense, transfer or assign the Material will be void.
While we are looking forward to receiving your materials when we specifically ask for them or invite you to post them, it is our policy not to accept or considercontent, information, ideas, suggestions or other materials other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, you agree that any User Content (defined below) you do transmit to us electronically or otherwise will be treated as non-confidential and we may use such any way we want with no obligation to you. You are solely responsible for all communications and all materials you transmit or submit to SKIN, whether created by or for you, including, but not limited to, questions, comments, graphics, information, ideas, writings, music, sound, images, files, photos, audiovisual effects, artwork, text, literary materials, code, data, information, design elements, graphics, suggestions,concepts, biographical information, notes, messages, audio video, video, hypertext links, scripts or other material ("User Content").
Fan Sites and Use of Site Content Off-Site Solely in connection with your personal website pages dedicated to SKIN or your activities on the Site ("fansite"), we grant you, on a non-exclusive basis, revocable (at SKIN 's sole discretion) permission to reproduce and redistribute on the fansite to end users, certain SKIN images, graphics or artwork and certain SKIN trademarks and logos that SKIN may expressly designate on the "Downloads" portion of the Site ("Licensed Site Content"), so long as you comply with the terms and conditions described here and on the Site, as those terms and conditions may be modified from time to time in SKIN 's sole discretion. Without limitation, the following terms and conditions apply to such permitted use of Licensed Site Content off-Site:
- You must include a prominent link to the Site's homepage in connection with any of your use of Licensed Site Content permitted hereunder.
- As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fan site, except that you represent and warrant to SKIN that the fan site will not post material that is illegal or infringes on the rights of third parties, harms the reputation of SKIN, its parent or affiliate companies, or its officers or employees. If at any time you post any such material, this permission automatically terminates. Your ownership in the fan site excludes any Licensed Site Content (excluding elements you submitted) and/or SKIN trademarks and excludes any derivative works to the extent based upon or including Materials and/or SKIN 's trademarks. The fan site is not a "Joint Work" as that term is defined in the copyright law, title 17 United States Code. Additionally, any use or distribution by you of any Licensed Site Content, including without limitation, by email must comply with all applicable laws.
- You agree to include, and not remove or alter, SKIN 's trademark, copyright or other proprietary rights notices, as provided on the fan site and email page(s) when displaying any Licensed Site Content and/or SKIN trademarks, and you agree to comply with usage guidelines that may be provided by SKIN from time to time. You agree that all goodwill that arises in connection with your use of SKINtrademarks in uses exclusively to SKIN and agree not to challenge SKIN 's ownership or control of any SKIN trademarks, nor use or adopt any trademarks that might be confusingly similar to such SKIN trademarks.
- SKIN reserves all rights, title and interest in and to all Materials and SKIN trademarks which are not expressly granted. You shall not sale, rent, lease, reproduce, modify, translate or create derivative works of Materials except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the Materials, without the express written permission of SKIN. You may not host the Site or any Site activity or use any of the Site's tools, applications or software, including without limitation the Site's communications and/or show creation tools. The Materials (excepting only the elements you submitted) you are given a limited permission to use remain owned or controlled by SKIN and you may not make any commercial use thereof nor may the fan site or email page(s) on which they exist, sell, rent or lease, or advertise or promote, any products, services or commercial activity. The creation and sale of merchandise based on any aspect of the Site or upon Materials (excepting only the elements you submitted) or SKIN trademarks is expressly prohibited.
- If you intend to charge a subscription or access fee to generate revenue from the fan site, you are required to notify us before you do so. The limited permission granted here with respect to fan site use of certain Materials and SKIN trademarks does not cover such circumstances. 6. Under no circumstances will SKIN be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. SKIN reserves the right, in its sole discretion, to expressly refuse this permission to any particular fan site or user, or to revoke this permission at any time (in SKIN 's sole discretion).
Copyright and Trademarks
The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entirecontents of the Site are copyrighted under the United States copyright lawsand/or similar laws of other jurisdictions. Without limitation, SKIN owns acopyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the content original to SKIN. Third-party content providers own the copyright in content that is original to them. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respectiveowners. Without SKIN 's written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to SKIN or their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded ordistributed in any way, in whole or in part, without the express permission of SKIN. No Implied Endorsements The appearance of any celebrities, persons, content or trademarks on the Site is not intended to suggest an endorsement or sponsorship of our Site unless an endorsement or sponsorship is expressly made by SKIN.
Advertising, Links, Linking and Other Sites
This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because SKIN has no control over such sites and resources, you acknowledge and agree that SKIN has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by SKIN of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. SKIN does not author, edit or monitor these pages or links. You further acknowledge and agree that SKIN is not 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 these other sites or resources. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
SKIN hereby grants you a non-exclusive, limited licensee, revocable at SKIN 's discretion, for you to link to SKIN 's home page from any site you own or control that is not commercially competitive to SKIN and does not criticize or otherwise injure SKIN so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy,publicity, intellectual property or other legal rights of others or, in anyway, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by SKIN.
Disclaimer of Warranties
You expressly understand and agree that: your use of the site is at your sole risk. Any content or information contained within the site is provided "as is", "as available" and "with all faults basis" with no representations or warranties of any kind. To the fullest extent permissible by applicable law, SKIN, its parent, subsidiaries and affiliates, or any oftheir respective employees, directors, officers, shareholders, members, agents, vendors or contractors (collectively, the "SKIN parties") disclaim all warranties, either express or implied, including (but not limited to): (a) the site; (b) the materials on or provided through the site; (c) the applications and/or downloadable items associated with the site; (d) user content; (e) the functions made accessible on or through the site; (f) any products or services offered or referenced at the site; and/or (g) securityassociated with the transmission of information transmitted to SKIN or via the site.
in addition, the SKIN parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. You assume total responsibility and risk for your use of this site and any site-related materials. In addition, the SKIN parties do not represent or warrant that the functions on the site will be uninterrupted or error-free, that defects in or on the site will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the site is done 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.
Under no circumstances will SKIN be liable in any way for any material, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any material posted, emailed or otherwise transmitted via the site. if you find any material on the site objectionable, do not use the site.
The SKIN parties do not make any representations or warranties that the information on the site is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. You acknowledge, by your use of the site, that your use is atyour sole risk. The SKIN parties do not warrant that your use of this site is lawful in any particular jurisdiction, and the SKIN parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement. By accessing or using the site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the site. The SKIN parties do not endorse the user content, are not responsible for the user content and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such user content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any user content provided through the site.
Termination, Discontinuance and Interruptions
Limitation of Liability
Under no circumstances will the SKIN parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damagesthat are directly or indirectly related to (a) the site; (b) the materials; (c) the applications and/or downloadable items associated with the site; (d) user content; (e) your use of, inability to use, or the performance of the site; (f) any action taken in connection with an investigation by the SKIN parties or law enforcement authorities regarding your use of the site; (g) any action taken in connection with copyright or other intellectual property owners; (h) any errors or omissions in the site's technical operation; or (i) any damage to any user's computer, hardware, computer software, cellular phone, modem or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or anyother technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the SKIN parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the site). in no event will the SKIN parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the SKIN parties' total liability to you for all damages, losses or causes or action exceeds ten United States dollars ($10.00). You agree that in theevent you incur any damages, losses or injuries that arise out of the SKIN parties' acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any site, property, product, service, or other materials owned or controlled by the SKIN parties, or other equitable relief, and, without limitation, you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any site, property, product, service, or other materials licensed to or owned or controlled by the SKIN parties. by accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of Nevada, and any similar law of any state or territory,which provides as follows: "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."
A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act
In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any PII from children under thirteen (13) years of age, unless we believe such collection to be permitted by law. Our Site targets an audience that is over the age of fourteen (14) and somecontent may not be appropriate for all ages. Parental supervision is recommended.
Last updated: February 1, 2013 SKIN Industries, llc. All Rights Reserved. SKIN ® are trademarks of SKIN Industries, llc. All Rights Reserved.