ACCEPTANCE OF TERMS AND CONDITIONS
PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE GENERAL TERMS AND CONDITIONS (THE "TERMS") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY USING OR ACCESSING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (THE "USER") ARE DEEMED TO HAVE AGREED TO COMPLY WITH AND TO BE BOUND BY, WITHOUT LIMITATION OR EXCEPTION, THE TERMS.
The website www.DrSkinFeed.com (the “Website”) and all associated Social Media accounts, including without limitation InstagramTM, FacebookTM, YouTubeTM, are operated by SkinFood Daily LLC and provide an interactive online service that makes available to the end User, as hereinafter defined, All Natural Skin Care products in exchange for payment by the end User. The Terms are designed to give the User the information needed to navigate and use the Website.
The Terms govern the use by the User of the Website and all applications, software and services (collectively, the "Services") available via the Website unless such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to the User via the Website (the "Service Agreement(s)").
The Terms sets forth the terms and conditions that apply to the use of the Website by the User. By using the Website, the User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of its password(s), if any.
The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Dr. SkinFeed, and Dr. SkinFeed shall not be responsible for any data lost while transmitting information on the internet. While it is Dr. SkinFeed’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Dr. SkinFeed, access to the Website may be interrupted, suspended or terminated from time to time.
Dr. SkinFeed shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use.
2. USER ELIGIBILITY
The Website is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law, the User must be at least 18 years of age to use and/or navigate the Website. The User of the Website may only purchase products and/or services for its own use. If the User decides to offer a product/service to someone else, it is the User’s responsibility to make sure the recipient of the offer complies with the Terms. The User, as well as the recipient, is required to respect the minimum age requirement in accordance with these Terms and the laws of the territory the Website is used in. If the User does not qualify, he/she is not permitted to use the Website. By transferring, sharing or selling its account to another person, the User is in violation with the Terms and will result in the complete termination of its account. The User will then lose all pending and current service privileges and will not be reimbursed. If the User falsifies information in order to gain access and/or commit any form of fraud, appropriate legal action will be taken.
Dr. SkinFeed may revise and update these Terms at any time. The continued usage of the Website after any changes to these Terms will mean that the User accepts those changes. Dr. SkinFeed reserves the right to add, modify or delete any information or content on the Website without notice and at its sole discretion. Dr. SkinFeed may also change or impose fees for products and services provided through the Website at any time at its sole discretion.
5. LICENSE AND OWNERSHIP
Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of Dr. SkinFeed, its affiliates or third parties. The Content is protected by copyright and other laws in the United States of America, Canada and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (the "Marks") of Dr. SkinFeed, its affiliates or other entities that have granted Dr. SkinFeed the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Dr. SkinFeed. Except as otherwise expressly authorized by these Terms, the User may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Dr. SkinFeed’s or the appropriate third party's prior written permission. Except as expressly provided herein, Dr. SkinFeed does not grant to the User any express or implied rights to Dr. SkinFeed’s or any third party's Intellectual Property.
Dr. SkinFeed grants the User a limited, personal, nontransferable, non-sublicensable, revocable license to access and use only the Website, Content and Services only in the manner presented by Dr. SkinFeed. Except for this limited license, Dr. SkinFeeddoes not convey any interest in or to the information or data available via the Website (the “Information”), Content, Services or any other Dr. SkinFeed property by permitting the User to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Dr. SkinFeed. The User may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, re-transmit or otherwise use the Content in any way, unless expressly permitted to do so by Dr. SkinFeed.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF DR. SKINFEED IS STRICTLY PROHIBITED. Any violation of this policy may result in a civil, copyright, trademark or other intellectual property right infringement that may subject the User to civil and/or criminal penalties. Without limitation of the foregoing, Dr. SkinFeed reserves the right to terminate its agreement with any User who infringes copyright rights upon prompt notification by Dr. SkinFeed.
Dr. SkinFeed is a trademark of SkinFood Daily LLC. All rights in respect of said trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
7. Third-Party Content
Dr. SkinFeed is an intermediary (a distributor and not a publisher) of the Content supplied by third parties and the Users. Accordingly, Dr. SkinFeed has no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other User are those of the respective author(s) or distributor(s) and not of Dr. SkinFeed.
In many instances, the Content available through the Website represents the opinions and judgments of the respective information provider, User, or other User not under contract with Dr. SkinFeed. Dr. SkinFeed neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Dr. SkinFeed employee spokespersons while acting in official capacities. Under no circumstances will Dr. SkinFeed be liable for any loss or damage caused by a User’s reliance on information obtained through Dr. SkinFeed. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Dr. SkinFeed.
Inbound Links. Linking to any page of the Website other than to http://www.drskinfeed.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Dr. SkinFeed. Any website or other device that links to http://www.drskinfeed.com or any page available therein is prohibited from: (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Dr. SkinFeed or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Dr. SkinFeed or any of its affiliates, (e) presenting false information about Dr. SkinFeed products or services, and (f) using any logo or mark of Dr. SkinFeed or any of its affiliates without express written permission from Dr. SkinFeed.
8. RESTRICTIONS ON USE OF THE WEBSITE
In addition to other restrictions set forth in these Terms, the User agrees that:
- It shall not disguise the origin of information transmitted through the Website.
- It will not place false or misleading information on the Website.
- It will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Dr. SkinFeed.
- It will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.
- Certain areas of the Website are restricted to customers of Dr. SkinFeed.
- It may not use or access the Website or the Dr. SkinFeed systems or Services in any way that, in Dr. SkinFeed’s judgement, adversely affects the performance or function of the Dr. SkinFeed systems, Services or the Website or interferes with the ability of authorized parties to access the Dr. SkinFeed systems, Services or the Website.
- It may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Dr. SkinFeed.
Dr. SkinFeed does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, the User acknowledges that (a) they will not be considered confidential or proprietary, (b) Dr. SkinFeed and its affiliates are under no obligation to keep such information confidential, and (c) Dr. SkinFeed will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
10. DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
Although Dr. SkinFeed strives to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur. THE CONTENT CONTAINED IN THE WEBSITE OR WHICH MAY BE DOWNLOADED FROM THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". As such, Dr. SkinFeed makes no warranty or representation regarding the quality, accuracy or completeness of such Content and expressly disclaims liability for errors and/or omissions in said Content.
THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT ITS SOLE RISK. NEITHER DR. SKINFEED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, AFFILIATED PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THE WEBSITE.
IN NO EVENT SHALL DR. SKINFEED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF DR. SKINFEED HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, CIVIL LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITE.
Dr. SkinFeed offers no guarantee of the longevity of the Website and reserve the right to terminate it at any moment, at its sole discretion and without prior notice. Dr. SkinFeed assumes no responsibility for any prejudice resulting from the termination of the Website.
11. AVAILABILITY OF THE SITE
At any time, Dr. SkinFeed reserves the right to suspend or interrupt the Website functioning as well as deny access to anyone, even members, for any reason whatsoever. As a reasonable service company, Dr. SkinFeed will always strive to provide the highest of customer satisfactory experience and have the Website accessible but wishes to inform the User that occasional Website downtimes or maintenance time may occur.
Because Dr. SkinFeed does not control what is being visited and/or downloaded on the User’s devices or on/from the Internet, Dr. SkinFeed is not responsible for any data lost or the security of information that the User may choose to communicate through the Website.
12. INDEMNIFICATION / RELEASE.
The User agrees to defend, indemnify and hold harmless Dr. SkinFeed, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by the User in connection with the Website.
The User agrees that Dr. SkinFeed may, at its sole discretion, terminate or suspend the use of the Website, Information, Services and Content at any time and for any or no reason, even if access and use continues to be allowed to others. Upon such suspension or termination, the User must immediately (a) discontinue use of the Website, and (b) destroy any copies it has made of any portion of the Content. Accessing the Website, Information or Services after such termination, suspension or discontinuation shall constitute an act of violation of these Terms. Furthermore, the User agrees that Dr. SkinFeed shall not be liable for any termination or suspension of the User’s access to the Website, Information and/or the Services. Provisions that are intended to remain valid after the termination of this Agreement will survive termination of this Agreement.
14. COMPLIANCE WITH LAW
The User agrees to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Dr. SkinFeed, negatively reflect on the goodwill or reputation of Dr. SkinFeed and shall take no actions which would cause Dr. SkinFeed to be in violation of any laws, rulings or regulations applicable to Dr. SkinFeed.
The User may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. The User may not upload commercial content on our website or use our website to solicit others to join or become members of any commercial online service or other organization.
Dr. SkinFeed and the Website are based in The United States of America. The United States of America and certain other jurisdictions control the export of products and information. The User agrees to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States of America or other applicable export control laws or regulations. If the User accesses and downloads the Content (including any software or the Services) or Information, it represents that it is not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. The User is solely responsible for compliance with the laws of its local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
15. APPLICABLE LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the state of California and of the laws of the United States of America applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Los Angeles, California. If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16. ENTIRE AGREEMENT
Except as expressly provided in a separate license, service or other written agreement between the User and Dr. SkinFeed, these Terms constitute the entire agreement between the User and Dr. SkinFeed with respect to the use of the Website, and any software or Service, Information and Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
17. CUSTOMER SERVICE
Questions or comments regarding the Website may be submitted to Dr. SkinFeed Customer Service at the following link.