TERMS AND CONDITIONS
This Terms and Conditions Agreement (this “Agreement”) is a legal agreement between you (“User”) and Skinplicity, LLC. (“Skinplicity”) that governs your use of this Web site. By utilizing this Website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.
Skinplicity may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.
It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The entire contents of the Website, including but not limited to any associated text, software, photos, video, graphics, audio and other materials, are protected by international copyright and trademark laws. We own or license the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”). Except for accessing the Website in accordance with these Terms and Conditions for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without our express written permission or, in the case of content licensed by us from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without our express written permission. Any and all rights not expressly granted herein are reserved by us. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to us at the address listed on our Contact Us web page.
User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features by the User. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to obey the requirements, procedures and policies of computer systems connected to the Website.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of Skinplicity and its affiliates unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without Skinplicity’s prior written permission. The use of Skinplicity’s Marks on any other Web site is prohibited.
The Website contains information about products authorized in the United States, and is intended for a United States audience. If you live outside the United States, you may see information on the Website about products that may not be available or authorized in your country. The products made available by us and our suppliers on this Website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products without obtaining our prior written consent. We and our suppliers may cancel or modify your order on the Website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Website, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. The Website has been designed to provide general information about us and our business and to offer the opportunity to purchase our products. The information provided at the Website is not intended to provide medical advice. You should not construe our publication of any content on the Website as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. All material and information presented by Skinplicity is intended to be used for educational or informational purposes only. Your use of this Website is subject to these Terms and Conditions. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this Website is not meant to serve as a substitute for professional medical advice. This Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and this Website does not replace any medical professional or medical resource. If you are in need of medical attention, call 911 or your physician immediately.
In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If we suspect that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions. If you do not qualify, do not use the Website.
You agree that all ideas, comments, suggestions or other information that you provide to us regarding the Website or products provided on the Website (the “Feedback”) shall be our property, and may be used by us on a non-confidential and unrestricted basis, without compensation to you. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, publish, sell, assign, transmit and distribute them in any form, media, or technology, and agree that we are free to use them for any purpose.
The “reviews” section of the Website is for the purpose of sharing positive experiences that you had with Skinplicity with certain products. Published testimonials are genuine, but Skinplicity reserves the right to edit or alter such to remove personal information, statements that may be a violation of law, or statements that may infringe on the rights of Skinplicity or third parties. You give us permission to re-print or use the review(s) in connection with our business (including but not limited to the marketing and selling of various products, as well as the marketing of Skinplicity). You are agreeing to the following: (1) The re-print or use of the review will be at our discretion and without compensation to you; (2) We may use the review with or without any name credit; (3) Our right to use the review is perpetual and may be assigned by us; (4) We may use the review locally, nationally or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed; and (5) Skinplicity may allow any of its parents, subsidiaries or affiliates to use the testimonial in the same manner as set forth herein but in relation to their businesses and Websites.
RISK OF LOSS
All items purchased from Skinplicity are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We may provide content of third parties (“Third Party Content”) as a service to those interested in this information. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. We are not responsible for updating or reviewing the Third Party Content. You use the Third Party Content at your own risk.
MONITORING AND REVIEWING INFORMATION
You agree that we have no obligation to, but may monitor and review information you transmit over the Website. You agree that the we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Website and to protect our rights. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
THIRD PARTY LINKS
We may provide links on this Website and / or in our e-mails to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Skinplicity does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. If you decide to access other Web sites, you do so at your own risk.
ADVERITSING DISCLOSURE AND ACCURACY
Advertised prices and available quantities are subject to change without notice. We reserve the right to make changes, corrections and/or improvements and updates to the Website, and to the products and programs described in such information, at any time without notice.
We and any other providers of products or services on the Website are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, we and any other providers of products or services related to this Website are not responsible for incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with the Website, or by any technical or human error that may occur in the processing of any information related to the Website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHOPBOP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOPBOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOPBOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPBOP DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SHOPBOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPBOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You shall indemnify, defend and hold harmless Skinplicity, its officers, directors, shareholders, employees, agents and representatives against all liability(ies), demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms and Conditions. We shall have the right at our own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without our prior written consent. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
By visiting Skinplicityskin.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Skinplicity
Any cause of action or claim you may have with respect to the Website or these Terms and Conditions (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises, shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its conflict of law provisions. We reserve the right to seek all remedies available at law or in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Website. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, Nassau County. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
You may terminate this agreement by sending an email to: firstname.lastname@example.org. Upon such termination, you shall cease all use of the Website and we shall be permitted to delete your account and any and all information associated therewith; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.
CHANGES TO THE TERMS AND CONDITIONS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time, so please review it periodically. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
If you have any questions about the Terms and Conditions, please contact us by sending an email to: email@example.com