Terms of Service
SkinTrends.com and all related websites (collectively known as SkinTrends, the “sites” or “websites”) are owned by SkinTrends LLC, a Florida LLC (“we,” “us,” amd “our” refers to SkinTrends LLC and all Skin Trends domains) and are covered by this Terms of Service policy. Please read these Terms of Service very carefully before using our websites or our services. When you access or use SkinTrends.com, any related SkinTrends domains, you, as an individual user or as a user working on behalf of SkinTrends or entity (“you” or “your”), agree that you have read and agree to be bound by the terms and conditions of this Terms of Service policy. No other terms apply. If you don't agree to these Terms of Service, you should immediately cease all usage of our websites and you should not use our websites. We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice. You should check the websites regularly for changes to the Terms of Service. Modifications shall become effective immediately upon being posted on the websites without further notice to you. Your continued use of the websites after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Service may not be amended.
SkinTrends acceptance is expressly conditioned upon your agreement to all of the conditions and terms set out in this policy. If these terms are considered to be an offer by us, then acceptance is limited to these Terms of Service, exclusively.
Your Registration Obligations
As a condition to using our services, you're required to register with SkinTrends.com and register as a user and choose a user ID. You shall provide SkinTrends.com with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your SkinTrends.com account. You may not select or use, as a SkinTrends.com User ID, the name of another person with the intent to impersonate that person; or use as a SkinTrends.com User ID a name subject to any rights of a person other than you without appropriate authorization; or use as a SkinTrends.com User ID a name that is otherwise offensive, vulgar or obscene. SkinTrends reserves the right to refuse registration of, or cancel a SkinTrends.com User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your SkinTrends.com password. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you don't so qualify, don't attempt to register for or use the SkinTrends domains or any of our services.
Access to our Websites and Services
Subject to this Agreement, SkinTrends may offer to provide certain services, as described more completely on our websites, which are selected by you through the process provided on the websites, solely for your own use and not for the use or benefit of any third party. The term services shall include, without limitation, any service that the websites perform for you and the content offered by the websites. We may change, suspend or discontinue the services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY MODIFICATIONS THAT MAY TAKE PLACE FROM TIME TO TIME. USE OF OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. We don't knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you're under 13, please don't attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information to us via our site. In the event that we learn that we've collected personal information from a child under the age of 13 without verification of parental consent, we'll delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at email@example.com Some features of our websites may require users to be 18 years of age or older and if you're under 18 years of age, you agree that you won't use or attempt to access such features. You represent and warrant to us that you're an individual (i.e., not a corporation). you're of legal age to form a binding contract or have your parent’s permission to do so, you're at least 13 years or age or older, all registration information you submit is accurate and truthful, and you'll maintain the accuracy of such information. You also certify that you're legally permitted to use our services and access our websites, and take full responsibility for the selection and use of the services and access of the websites. This Agreement is void where prohibited by law, and the right to access the websites is revoked in such jurisdictions. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access our websites or otherwise use our services, including, without limitation, modems, hardware, software and long-distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the services. We offer the services of SkinTrends.com from our offices in the United States of America. We make no representations that the websites or our services are appropriate or available for use in other locations. Users who access or use our websites or services from other jurisdictions do so at their own risk and choice and are responsible for compliance with local laws.
If you obtain a username and password from our websites, you may not share your username and password with any other person or authorize any other person to use your username and password. You're responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify SkinTrends immediately of any known or suspected unauthorized use of your username and password or any other breach of security. SkinTrends can't and won't be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
Use of our Service, Modifications and Interruption of our Website Services
Our websites feature a wide array of intellectual property content, including, but not limited to, news, information, audio, video and user-generated content (collectively “Content”). To the extent that new Content, services or features are added to the websites in the future, the use thereof is subject to full compliance with this Terms of Service policy and our Terms of Service. Services shall additionally include, but not limited to, any service and content SkinTrends performs for you, as well as the offering of any materials displayed, transmitted or performed on the websites or through the services (including, but not limited to articles, text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). SkinTrends may change, suspend, modify or discontinue the services including any Content for any reason, at any time, including the availability of any feature or content without any notice to you. SkinTrends may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. You acknowledge and accept that SkinTrends doesn't guarantee continuous, uninterrupted or secure access to the websites, that operation of the websites won't be uninterrupted or error-free and that usage of our websites may be interfered with or adversely affected by numerous factors or circumstances outside of our control, including human error and/or negligence. Use of SkinTrends services by you constitutes your understanding and acceptance of these terms and conditions of use.
Limitation of Liability and Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, SKINTRENDS.COM, ITS PARENT SKINTRENDS LLC, SUBSIDIARIES, AFFILIATES, OTHER RELATED ENTITIES, SUCCESSORS IN INTEREST OF THE FOREGOING, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE SKINTRENDS PARTIES) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. OUR WEBSITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE SKINTRENDS PARTIES AREN'T RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY OR THE ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.
SkinTrends has no special relationship with or fiduciary duty to you. You acknowledge that SkinTrends has no control over and no duty to take any action regarding: which users gains access to the websites, what content you access via the websites (including, without limitation, viruses, malware, harmful code and user-generated content), what effects the content may have on you, how you may interpret or use the content or what actions you may take as a result of having been exposed to the content. You release SkinTrends from all liability for you having acquired or not acquired content through the websites. The websites may contain or direct you to websites containing information that some people may find offensive or inappropriate. SkinTrends makes no representations concerning any content contained in or accessed through the websites, and SkinTrends won't be responsible or liable for the accuracy, copyright-compliance, legality or decency of material contained in or accessed through the websites. SkinTrends makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the websites, or regarding suggestions or recommendations of services or products offered or purchased through the websites (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the websites or any content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS-IS" without any warranty of any kind from SkinTrends or others unless otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
THE CONTENT, SERVICES, WEBSITES AND ANY SOFTWARE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UNDER NO CIRCUMSTANCES WILL SKINTRENDS PARTIES BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY SKINTRENDS 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 THE SKINTRENDS PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).SOME JURISDICTIONS DON'T ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SO SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Other Policies and Agreements
If you register to become a SkinTrends.com user to enter a promotion on our websites or to use a special feature or password-protected area of our websites, you may be asked to agree to special terms. In such cases, you'll be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a click-through agreement. If any of the terms of the click-through agreement are different than these Terms of Service, the terms of the click-through agreement will supplement or amend these Terms of Service, but only with respect to the matters governed by the click-through agreement.
Indemnification You'll indemnify and hold harmless SkinTrends.com, its parent SkinTrends LLC, subsidiaries, affiliates, officers and employees, including costs and attorneys' fees, from any claim or demand made by any third party because of or arising out of your access to the websites, use of the services, the violation of this agreement by you, or the infringement by you or any third party using the your account of any intellectual property or other right of any person or entity.
All Content Submitted to Skin Trends By creating and posting Content to Skin Trends, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you won't object to the use of the Content by SkinTrends in any context. Specifically, the above doesn't apply to the Content on external sites linked to us.
Medical Advice Disclaimer: Advice Not Endorsed by Skin Trends ALL OF OUR SKINTRENDS WEBSITES DON'T PROVIDE MEDICAL OR HEALTH-RELATED ADVICE. SkinTrends services, the contents of its websites (such as articles, text, graphics, images, videos, search results, data and information contained therein) and such materials obtained from SkinTrends licensors or other third parties, are provided for informational purposes only and aren't intended to be a substitute for professional medical advice, diagnosis, examination or treatment. Don't ignore professional medical advice or delay in seeking treatment because of anyone or anything on the websites. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. SkinTrends does not recommend or endorse any specific tests, physician, products, procedures, opinions or other information that may be mentioned on the websites. Your reliance on any such information is solely at your own risk. The websites may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our websites.
Financial Disclaimer: We don't provide financial advice. Skin Trends doesn't recommend or endorse any specific financial person, SERVICE, methodology OR PRODUCT. Reliance on any such information is done at your own risk. If you need financial help or assistance, please seek advice from a local financial professional.
User Conduct on SkinTrends.com
You represent, warrant and agree that you won't create any content (including, without limitation, anything in connection with your blogs or otherwise use the SkinTrends websites or our services in a manner that infringes or violates the intellectual-property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; violates any law, statute, ordinance or regulation; is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable; misrepresents the source or identity of any content; uploads, installs, constitutes or embeds malware, virus, worms, Trojan horses or other harmful content or code, or impersonates, or falsely indicates an affiliation with any person or entity, including, without limitation, any employee or representative of SkinTrends. You also agree not to use the Skin Trends to engage in any conduct that might be harmful to any individual; impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; engage in or facilitate any conduct that's deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity; engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. In addition, you're prohibited from interfering with or disrupting the websites, servers or networks connected thereto.
We reserve the right to remove any content from our websites or services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if SkinTrends is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You agree that the exercise by us of such discretion shall not convert or transform user-generated content to content owned or provided by us, and the user who made such user-generated content available on our websites will retain ownership thereof as described below. For any information you provide to SkinTrends.com, including personal data and information, you agree and accept that SkinTrends may retain, maintain and/or disclose such information and user-generated content if required to do so by law or in a good-faith belief that such retention, preservation and/or disclosure is reasonably necessary to respond to any legal process; enforce these Terms of Service; respond to any claims that any user-generated content violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety of SkinTrends, its users and the public. Any content uploaded, posted, submitted or otherwise made available by individual users of our websites, including without limitation articles by SkinTrends.com users, comments to articles, classified ads or other content that doesn't originate with SkinTrends staff (“user-generated content”) is the sole responsibility of the person who made the user-generated content available on our websites. Under no circumstances will SkinTrends be liable in any way for any user-generated content made available through our websites by you or any third party. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your right to services or access the websites. You may not post or transmit or cause to be posted or transmitted any communication or solicitation designed or intended to obtain password, account or private information from any site user. Use of the websites or services to violate the security of any computer network, crack passwords or security-encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder or spam on the sites or any processes that run or are activated while the you are not logged on or otherwise interfere with the proper working of or place an unreasonable load on the service infrastructure. Furthermore, the use of manual or automated software, devices or other processes to crawl any page of the websites is strictly prohibited. You will be responsible for withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity on the websites. Because SkinTrends doesn't control the user-generated content posted on its websites, it can't and doesn't warrant and/or guarantee the truthfulness, integrity, suitability or quality of that user-generated content, and it does not endorse such user-generated content. You also agree and understand that by accessing our websites, you may encounter content that you may consider to be objectionable. SkinTrends has no responsibility for any user-generated content, including without limitation any errors or omissions therein. SkinTrends isn't liable for any loss or damage of any kind you claim was incurred as a result of the use of any user-generated content posted, emailed, transmitted or otherwise made available on our websites, whether by SkinTrends, individual users of our websites or third-party contractors or licensors of SkinTrends.
Additionally, you agree that you won't use Skin Trends to transmit or make available any content that:
- Infringes any intellectual-property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- Contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual under the age of 18;
- You know or have reason to know is false, misleading, or fraudulent;
- You don't have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Contains forged headers or employs other techniques whose purpose is to disguise the origin of the content submitted; and
- Contains links to any websites containing content violating any of the foregoing requirements or links to any websites for purposes of disrupting the operations of such websites, harassing the owners of such websites or other objectionable or illegal purposes.
Ownership and License of User-generated Content
The author thereof owns user-generated content and SkinTrends doesn't claim ownership of original content created and posted by individual visitors to our websites. However, by uploading, posting, transmitting or otherwise making any user-generated content available on or through our websites, you're granting SkinTrends.com and its parent Skin Trends LLC, subsidiaries, affiliates and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferable, sub-licensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit and prepare derivative works of such user-generated content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
Accuracy of Content Disclaimer Part of the content on our websites, including, without limitation, user-generated content, has been provided by or obtained from parties other than SkinTrends. For example, content posted by users on our websites are written solely by the users (who are independent third parties, not employees of SkinTrends, and not under the control or direction of SkinTrends) and are posted to the websites by SkinTrends.com users without review by SkinTrends. SkinTrends makes no representations or warranties as to the accuracy or reliability of any content on our websites created or provided by third parties (including, without limitation, our SkinTrends.com users). SkinTrends makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor on our websites (including, without limitation, advertisers on the websites and individuals or entities placing classified advertisements on the websites) and you acknowledge that any reliance on representations and warranties provided by any party other than SkinTrends shall be at your own risk. You expressly agree to hold SkinTrends harmless for any claims of damage arising from any information, advice, product or service provided or promoted by any third party, including, without limitation, SkinTrends,com users. UNLESS OTHERWISE STATED ON OUR WEBSITES, OPINIONS EXPRESSED ON OUR WEBSITES ARE THOSE OF INDEPENDENT THIRD-PARTY “USERS” OR OTHER CONTRIBUTORS TO OUR SITE, AND NOT OF SKINTRENDS AND ARE NOT ENDORSED BY SKINTRENDS. INFORMATION AVAILABLE ON OUR SITES SHOULD NOT BE SUBSTITUTED FOR PROFESSIONAL ADVICE, AND YOU ARE ADVISED TO CONSULT YOUR HEALTH CARE PROVIDER, FINANCIAL ADVISOR OR OTHER PROFESSIONAL, AS APPLICABLE, BEFORE ENGAGING IN ANY PROGRAM, TREATMENT, BEHAVIOR-MODIFICATION, OR TAKING ANY OTHER COURSE OF ACTION THAT COULD POTENTIALLY IMPACT YOUR HEALTH, FINANCIAL INTERESTS OR WELL-BEING IN ANY OTHER MANNER.
Potential Content Influence The writing staff aims to create content that's unbiased and unaffected by outside influence. We would like to disclose, however that we sometimes receive free services and/or products from companies and marketing professionals that we write about or review in our articles. We also run advertisements on our websites covering products, services and/or companies. In many cases, SkinTrends receives compensation for the sale of any products or services via those ads or in our e-store, SkinTrends.com
Submission of a classified advertisement for publication on our websites doesn't constitute a commitment on the part of SkinTrends to publish the advertisement, and publication of an advertisement doesn't constitute an agreement from SkinTrends for continued publication. SkinTrends reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Mobile Phones or Mobile Devices
If you access the mobile versions of our SkinTrends sites or content designed for use on mobile phones or mobile devices, you understand that your mobile carrier’s standard charges will apply. If you choose to use a SkinTrends mobile function to send any content to a friend’s mobile device, you understand that your friend may incur standard messaging charges according to your friend’s mobile plan.
Content Provided by Third Parties
Third-party-provided articles, text, photo, graphics, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these third-party materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the third-party material found on the websites. Third parties will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Ownership of Comments or User Input
Skin Trends welcomes your comments regarding our websites. All information and materials submitted to SkinTrends through our websites or otherwise, such as any comments, ideas, questions, designs, data or the like regarding or relating to the websites or the business of SkinTrends will be considered non-confidential and non-proprietary with regard to you, but SkinTrends reserves the right to treat any such comments as the confidential information of SkinTrends. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code or original artwork. By submitting comments to SkinTrends, you assign to us, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such comments. SkinTrends will be entitled to use any comments you submit and any ideas, concepts, know-how or techniques contained in any such comments for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services using such comments without restriction and without compensating you in any way. You're responsible for the information and other content contained in any comments you submit to us, including, without limitation, their truthfulness and accuracy.
Copyright and Trademark Policy
Copyrights in content included or available on our sites (including, without limitation, website design, articles, text, graphics, images, videos, interfaces, and the selection and arrangements thereof) are owned by SkinTrends or its licensors, with all rights reserved, and the content is protected by the intellectual-property rights of those owners. Any use of content on the websites, including, without limitation, reproduction for purposes other than those noted above, modification, distribution or replication, any form of data-extraction or data-mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SkinTrends, is strictly prohibited. With the exception of search engines, you agree that you won't use any robot, spider, or other automatic device or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SkinTrends. You may use the content solely for your personal, non-commercial use, except that a commercial website is permitted to link to our websites provided that the website page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by SkinTrends. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you don;t remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties that's available on SkinTrends without the express consent of those third parties. Content, which qualifies for protection under Federal Copyright Law under the laws of the United States, is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected content of our websites will be deemed by SkinTrends to be an intentional infringement. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties isn't intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with SkinTrends.
Copyright Infringement Skin Trends has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of SkinTrends to receive notification of claimed Infringement is listed at the end of this Section. It's SkinTrends' policy to 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 remove and discontinue service to repeat offenders. In the event that you find content posted on our websites, which are believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act:
- Your name, address, telephone number, and email address, and if you're acting on behalf of the owner of the intellectual property, the name of the owner;
- A statement, made under penalty of perjury, that you're the owner of the copyrighted material or you are authorized to act on behalf of the owner;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- A detailed description of the copyrighted work or other intellectual property that you claim has been infringed; and
- 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 SkinTrends is capable of finding and verifying its existence;
If your claim is based on registered material, provide the registration number, and the date of issuance of the registration;
- A description of the URL where such material is located on our websites, or a description of where on our websites you found such material;
- Your written statement that you believe, in good faith, that the use of the work on our websites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- A statement that all of the information you have provided is true.
Once SkinTrends receives a Copyright Infringement Notice or Letter: It's SkinTrends' policy to r emove or disable access to the infringing material, n otify 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 SkinTrends will terminate such content provider’s, member’s or user’s access to the service.
Process to provide a counter-notice for a Copyright Infringement removal: If the content provider, member or user believes 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 SkinTrends:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access 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
- 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 SkinTrends is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If SkinTrends receives a counter-notice, SkinTrends may send a copy of the counter-notice to the original complaining party informing that person that SkinTrends may replace the removed material or cease disabling it in 14 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 SkinTrends 'discretion.
Please contact Skin Trends for notification of your claimed infringement at firstname.lastname@example.org or at the following address:
Skin Trends LLC . 4019 W. Waters Ave., Suite A, Tampa, FL 33614
Links to the Site and RSS Feeds
Unless otherwise prohibited under these Terms of Service, you are granted a license to create links to content on our websites, provided that the links accurately describe the content as it appears on the websites. You are further granted a license to implement the RSS feeds offered by our sites in the manner described on our sites. SkinTrends reserves the right to revoke these licenses generally or your right to use specific links or RSS feeds, at any time, with or without cause. Under no circumstances may you frame our websites or any of our content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. When a page or pages of our websites are accessed from a link (including RSS feeds) and featured on your websites, each page within any Skin Trends site must be displayed in full (including all trademarks, branding, advertising and promotional materials).
Termination of Site Use
This Agreement shall remain in full force and effect while you use the websites. You may terminate your use of our websites or your membership at any time by following the instructions on the websites. We reserve the right to terminate your access to or use of our websites for any reason or no reason in our sole discretion, with or without notice to you, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all services and access to the websites immediately, without prior notice or liability, if you breach any of the terms or conditions of this agreement. In addition, pursuant to the DMCA, it's our policy to terminate use of our websites by repeat infringers in appropriate circumstances (including SkinTrends.com users or other users who have posted content to our sites). Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the services, access the sites and any content will immediately cease. All provisions of this agreement of which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability. You agree that SkinTrends will have no liability to you or any third party with regard to such termination.
Security and User Registration As a condition to using our services, you may be required to register with us and select a password and user name. You shall provide us with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this agreement, which may result in immediate termination of your account. You may not select or use as a SkinTrends.com User ID a name of another person with the intent to impersonate that person or use, as a SkinTrends.com User ID, a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a SkinTrends.com User ID at our sole discretion. You're responsible for maintaining the confidentiality of your password.
Payments and Fees We reserve the right to require payment of fees for some or all of our services. You shall pay all applicable fees, as described on our websites in connection with such services selected by you. SkinTrends reserves the right to change its price list and to institute new charges at any time, upon 14 days prior notice to you, which may be sent by email or posted on the websites. Use of our services by you following such notification constitutes your acceptance of any new or increased charges.
Risk of product loss and title
The risk of product loss and title for items purchased by you pass to you upon our delivery of the items by a carrier of our choice. All normal terms apply as described in our Customer Service section and our FAQs.
You assume all knowledge of applicable law and you're responsible for compliance with any such laws. You may not use our websites in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Venue or Legal Jurisdiction
Our websites are operated and provided in the State of Florida. As such, we are subject to the laws of Florida, and such laws will govern these Terms of Service, without giving effect to any choice of law rules. We make no representation that our websites are appropriate, legal or available for use outside of the United States. Accordingly, if you choose to access our websites, you agree to do so subject to the laws of Florida. The state and federal courts of Florida shall serve as the venue for any actions brought or claims made arising out of your use of our sites.
If a product is listed at an incorrect price or with incorrect information because of any typographical error or error in pricing or incorrect product information received from our suppliers, SkinTrends shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, we will immediately issue a full credit to your credit card account in the amount of the charge.
Use of Skin Trends store disclaimer and limitation of liability
EXCEPT AS OTHERWISE OUTLINED IN OUR CUSTOMER SERVICE AREA AND OUR FAQS INFORMATION THAT GOVERNS THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS-IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DON'T WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
This agreement doesn't form an agency, partnership, joint venture or employment relationship as a result of the Terms of Service and you don't have any authority of any kind to bind SkinTrends in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. SkinTrends shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SkinTrends' reasonable control, including, but without limitation to, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so this agreement shall otherwise remain in full force and effect, and enforceable. This agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. SkinTrends may transfer, assign or delegate this agreement and its rights and obligations without consent. This agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this agreement shall be finally settled by arbitration in Hillsborough County, Florida, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc., or JAMS, then in effect, by one commercial arbitrator with substantial experience in resolving intellectual-property and commercial-contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within 30 days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts. Both parties agree that this agreement is the complete and exclusive statement of the mutual understanding of the parties, and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment is created as a result of this agreement and you don't have any authority of any kind to bind Skin Trends in any respect whatsoever. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties, and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Questions If you have any questions or notices of violation of this agreement, please contact us by email at email@example.com.
This Terms of Service Policy is effective as of May 1st 2012