Welcome to the Skinprint® website located at www.skinprint.com (the “Site”). The Site is an Internet property of The Skin Atelier, Inc., a New York corporation doing business as Skinprint (“Skinprint®,” “we,” “our” or “us”). You agree to the following Terms of Use (“Terms of Use”), in their entirety, when you: (a) access or use the Site; (b) access and/or download any of the text, Product (as defined below) reviews, testimonials, audio, video, photographs, graphics, artwork and/or other content featured on the Site (“Content”) including, without limitation, (c) register for an account (“Account”) that enables you to: (i) receive the email newsletter (“Newsletter”), which contains updates and promotions associated with various Skinprint® products and/or services (collectively, the “Products”); (ii) where available, purchase Skinprint® Gift Cards (“Gift Cards”); and/or (iii) purchase Products on the Site; (d) access links to Skinprint® social media pages/accounts on third party social media websites, such as Facebook®, Google+®, Instagram®, LinkedIn®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”); (e) register for the Skinprint® Affiliate Program (which is subject to the Commission Junction Affiliate Terms and/or the eBay Partner Network Terms) (“Affiliate Program”); and/or (f) utilize the Site’s many interactive features designed to facilitate interaction between you, Skinprint® and other Site users including, but not limited to, blogs, comment sections, Product reviews and question and answer options located in designated areas of the Site (collectively, the “Interactive Forums” and together with the Site, Content, Accounts, Gift Cards, Newsletter, Products, Social Media Pages and Affiliate Program, are referred to as the “Skinprint® Offerings”).
The Skinprint® Privacy Policy (“Privacy Policy”), Skinprint® Returns and Exchange policy (“Returns and Exchange Policy”) and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time on the Site or otherwise, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Skinprint® Offerings in any manner or form whatsoever.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). Google+® is a registered trademark of Google, Inc. (“Google”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google. Please be advised that Skinprint® is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the Skinprint® Offerings are not endorsed, administered or sponsored by any of those parties.
Medical Disclaimers
The Content, statements, Products and other material made available by and through the Skinprint® Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other healthcare professional before adopting any treatment for a health problem, whether offered on the Site or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with the Skinprint® Offerings.
You should always check the ingredients in any product to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
Information presented in connection with the Skinprint® Offerings and/or Site are in no way intended as medical advice or as a substitute for same. This information should only be used in conjunction with the guidance and care of your physician. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition plan or any other matter related to your health and well-being.
Scope of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Skinprint® Offerings. The Agreement constitutes the entire and only agreement between you and Skinprint® with respect to your use of the Skinprint® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Skinprint® Offerings shall be subject to the Agreement. You understand and agree that Skinprint® is not responsible or liable in any manner whatsoever for your inability to use the Skinprint® Offerings.
Modification of Agreement
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Skinprint® Offerings. By your continued use of any of the Skinprint® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements
The Skinprint® Offerings are available only to individuals: (a) who can enter into legally binding contracts under applicable law; and (b) who are over eighteen (18) years of age (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) (collectively, the “Eligibility Requirements”). If you do not satisfy the Eligibility Requirements in their entirety, you do not have permission to use and/or access the Skinprint® Offerings.
Site Forms / Your Account
In order to purchase Products, utilize the Interactive Forums and/or access certain other Skinprint® Offerings, you may be required to open an Account, or register to make a comment, by submitting a registration form or other data submit form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing address (and billing address where purchasing Products, Gift Cards or other Skinprint® Offerings); (c) your e-mail address; (d) your daytime and evening telephone numbers; (e) your credit/debit card information (where purchasing Products, Gift Cards or other Skinprint® Offerings with a credit/debit card); (f) your password; and/or (g) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain your Account in up to date and accurate fashion.
Skinprint® may reject your Form and/or terminate your Account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where Skinprint® believes that you are in any way in breach of the Agreement; (ii) where Skinprint® believes that you are engaged in any improper conduct in connection with the Skinprint® Offerings; and/or (iii) where Skinprint® believes that you are, at any time, conducting any unauthorized commercial activity by and through your use of the Skinprint® Offerings.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to same. You agree to accept responsibility for all activities that occur by and through your Account including, without limitation, any purchases made there through. If you are accessing and using the Skinprint® Offerings on someone else’s behalf, you represent and warrant that you have the authority to bind that person as a principal to the Agreement, and you agree to accept liability for any and all harm caused by that person’s wrongful use of the Skinprint® Offerings.
Purchasing Products & Gift Cards
Standard Purchases: Upon completing the applicable Form associated with the purchase of the Product(s) and/or Gift Card(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, the credit card that you provided on the Form (“Active Credit Card”) will be charged the applicable purchase price for the Product(s) and/or Gift Card(s), plus shipping and handling and applicable sales tax.
Replenishment Service: Where you register for the “Replenishment Service” option in order to obtain your selected Products automatically pursuant to the selected schedule, your Active Credit Card will be charged the applicable amount on a periodic, recurring basis every thirty (30), forty-five (45), sixty (60), ninety (90), one hundred and twenty (120), one hundred and fifty (150) or one hundred and eighty (180) days that your Account remains, depending on the period that you selected in connection with the Replenishment Service. You acknowledge and agree that Skinprint® will not obtain any additional authorization from you for these recurring payments. Every time that you receive the Products in connection with the Replenishment Service, you re-affirm that Skinprint® is authorized to bill to your Active Credit Card and to have the fees applied to same. A customer may cancel her/his Replenishment Service plan at any time by following the instructions set forth on the Site and/or e-mailing Skinprint® at: info@skinprint.com. We will not refund fees paid prior to the termination date and each customer will remain liable for any unpaid charges previously billed to that customer’s Active Credit Card other than where refunds are expressly permitted pursuant to our Returns and Exchange Policy.
General: ALL SALES ARE FINAL AND NON-REFUNDABLE, other than where refunds are expressly permitted pursuant to our Returns and Exchange Policy.
The fees associated with your purchases will appear on your Active Credit Card statement through the identifier “Skinprint.” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Product(s) and/or Gift Card(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Skinprint® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), Skinprint® reserves the right to change its Billing Provisions from time to time in its sole discretion. Continued use of the Site and/or purchase of Product(s) and/or Gift Card(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
The authorization of Skinprint® to provide and bill for the Product(s) and/or Gift Card(s), as applicable, is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. The reliance of Skinprint® upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Product Descriptions
Skinprint® attempts to be as accurate as possible when describing its Products. However, Skinprint® does not warrant that Product descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error free. If a Product offered by Skinprint® is not as described, your sole remedy is to return it in unused condition, subject to our Returns and Exchange Policy. We have made every effort to display as accurately as possible the colors of our Products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
Limited Availability & Price
In the event that a Product is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Skinprint® shall have the right to refuse or cancel any orders placed for that Product so listed at the incorrect price. Skinprint® shall have the right to limit the number of items purchased through the Site. Skinprint® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Active Credit Card charged. If your Active Credit Card has already been charged for the purchase and your order is canceled, Skinprint® shall immediately issue a credit to your Active Credit Card account in the amount of the charge.
Interactive Services
Subject to the restrictions set forth herein and on the Site, the Interactive Services will allow you to participate in blog comment sections, message boards, question and answer areas and other interactive areas of the Site. Each end-user shall be solely responsible for the comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. End-users are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. Skinprint® reserves the right to prohibit any conduct by end-users or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in the sole discretion of Skinprint®. The reasons for removal may include where Skinprint® believes that the Feedback posted by an end-user is unsuitable for the Interactive Services and/or Site for any reason including, without limitation, where: (a) the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) Skinprint® believes that an end-user is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (d) Skinprint® believes that an end-user is in violation of the Agreement including, without limitation, this Section. You understand and agree that Skinprint® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. The Interactive Services contain Feedback that is provided directly by end-users of the Site. You agree that Skinprint® shall not have any obligation or incur any liability to you in connection with any Feedback appearing in or through the Interactive Services. Skinprint® does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate.
You agree to use the Interactive Services in full compliance with all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site-visitors; (vii) transmit any chain letters, spam or junk e-mail to other end-users; (viii) express or imply that any statements you make are endorsed by Skinprint® ; (ix) harvest or collect personal information of Site-visitors whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the Skinprint® Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spam ware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Site; (xvii) use metatags or code or other devices containing any reference to the Skinprint® Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Skinprint® Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the Skinprint® Offerings without notice, in the sole discretion of Skinprint®. Skinprint® reserves the right to pursue any and all legal remedies against end-users that engage in the aforementioned prohibited conduct.
Disclaimer of Warranties
THE SKINPRINT® OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SKINPRINT® MAKES NO WARRANTY THAT THE SKINPRINT® OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS, BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SKINPRINT® OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SKINPRINT® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SKINPRINT® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKINPRINT® OR OTHERWISE THROUGH OR FROM THE SKINPRINT® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, SKINPRINT® DOES NOT ENDORSE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY 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 OR COLLABORATIVE CONTENT OBTAINED BY OR THROUGH THE SKINPRINT® OFFERINGS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKINPRINT® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKINPRINT® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SKINPRINT® OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SKINPRINT® OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS, BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE SKINPRINT® OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE SKINPRINT® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF SKINPRINT® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS OF USE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SKINPRINT® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR SKINPRINT® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SKINPRINT®. ACCESS TO THE SKINPRINT® OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF SKINPRINT® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Proprietary Rights, Trademarks & Copyrights
You agree that the Skinprint® Offerings and any and all Content made available in connection therewith, and its compilation, including, but not limited to, source and object code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software, are the sole property of Skinprint® or its partners, suppliers or licensors, and protected by United States, and international, copyright laws. All software used on the Site is the property of Skinprint® or its software suppliers or licensors and protected by United States, and international, copyright laws. Users are granted permission to browse and use the Skinprint® Offerings for their intended purpose only, which is for retail use only as a consumer. Any other use or exploitation including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display or performance of the Skinprint® Offerings, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content associated with the Skinprint® Offerings is strictly prohibited.
Skinprint® does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, the Skinprint® Offerings and/or the Content displayed by and through the Skinprint® Offerings, without the prior written consent of Skinprint®. Skinprint® prohibits use of the “Skinprint” name and/or logo or other proprietary graphic or trademark as a link to any third party website unless creating such a link is approved in advance by Skinprint® in writing. Registered and unregistered proprietary information is owned and held by Skinprint® and its licensors and therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse the Site in any manner.
“Skinprint®,” “Radiance Shield®,” “Skinatomy®,” “ Acne Blast System®,” “Ecoceuticals®” and “Skintellect®” are all registered trademarks and/or trade dress of Skinprint® in the United States and/or all other countries. Skinprint’s® trademarks and trade dress may not be used in connection with any product or service that is not Skinprint’s®, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Skinprint®. All other trademarks not owned by Skinprint® that appear on or through the Skinprint® Offerings are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Skinprint® .
Third Party Websites
Skinprint® encourages you to exercise discretion when browsing the Internet. The Site and other Skinprint® Offerings may direct you to third party websites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. Skinprint® and its affiliates make no representation or warranty concerning the legality of any third party website. Any such website is independent from Skinprint®, and Skinprint® has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between Skinprint® and another website does not mean that Skinprint® endorses, recommends, sponsors or approves of that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. Any dealings with, or participation in promotions offered by, any third parties (including advertisers on the Site), including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. Skinprint® expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the Skinprint® domain.
Use Restrictions
The Skinprint® Offerings are made available for your personal, non-commercial use only. You agree that you will not use the Skinprint® Offerings: (a) for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; (b) to monitor, gather, scrape or copy Content, user data or other material made available by and through the Skinprint® Offerings by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind; (c) to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any Content, images, text or page layout; (d) in connection with any metatags or any other “hidden text” utilizing Skinprint’s® name or any of its trademarks; and/or (e) to engage in any activity that interferes with an end-user’s access to, or the proper functioning of, the Site or other Skinprint® Offerings. Without limiting the foregoing, you may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit any portion of the Skinprint® Offerings for any commercial purpose. You also agree that in using the Skinprint® Offerings, you will not impersonate any person or entity.
Termination of Your Access to the Skinprint® Offerings
You agree that any unauthorized use of Skinprint® Offerings and associated intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use the Skinprint® Offerings. Without limiting the foregoing, Skinprint® reserves the right to terminate or suspend your access to the Skinprint® Offerings at any time for any reason, with or without notice at Skinprint’s® sole discretion.
Copyright Policy / DMCA Compliance
Skinprint® reserves the right to terminate the Account of any customer/end-user who infringes upon third-party copyrights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other Skinprint® Offerings in a way that constitutes copyright infringement, you should provide Skinprint® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or other Skinprint® Offerings) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Skinprint® Copyright Agent for notice of claims of copyright infringement is as follows:
Skinprint
1997 RT 17M
Goshen, NY 10924
info@skinprint.com
Revisions / Termination
Skinprint® may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of the Skinprint® Offerings including, without limitation, any Content, Products, services or prices made available by and through same. Skinprint® shall not be liable to you or any third party should it exercise this right to modify or discontinue any portion of the Skinprint® Offerings.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Use of User Data
All materials that you submit through or in association with the Skinprint® Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here. Skinprint® does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials.
Indemnity
You agree to indemnify and hold harmless Skinprint® , its subsidiaries, parents and affiliates, and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Skinprint® in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (a) your breach of the Agreement; (b) your Feedback; (c) any violation of applicable laws, rules or regulations; and/or (d) any use by you of the Skinprint® Offerings, or use of the Skinprint® Offerings by a third party by and through an Account or computer owned by you. You agree to cooperate as fully as reasonably required in the defense of any associated claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. The provisions of this Section are for the benefit of Skinprint®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Dispute Resolution Provisions
If a dispute should arise between Skinprint® and you arising out of or related to the Skinprint® Offerings, the Site, the terms and conditions of the Agreement, or an alleged breach of the Agreement by any party hereto (including the manner in which Skinprint® contacts you) such dispute shall be adjudicated solely in the courts of the State of New York located in Orange County, New York, to whose jurisdiction you hereby consent. The Agreement shall be treated as though it were executed and performed solely in the State of New York, and shall be governed by and construed in accordance with the laws of the State of New York and without regard to conflict of law principles. In any action or proceeding to enforce rights under the Agreement, Skinprint® will be entitled to recover costs and attorneys’ fees if it substantially prevails. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Skinprint® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Skinprint® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuitsis an independent agreement.
Your Representations
You represent and warrant that you: (a) are eighteen (18) years of age (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) or older; (b) are not under any legal or other disability which limits your ability to comply with these terms and conditions; (c) will not infringe upon any third party’s proprietary and/or intellectual property rights in connection with the Skinprint® Offerings; and (d) will comply with all applicable laws, rules and regulations in connection with the Skinprint® Offerings.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for hereunder will not be deemed a waiver of any further rights hereunder. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.
No agency, partnership, joint venture or employment relationship is created as a result of the Agreement and you do not have any authority of any kind to bind Skinprint® in any respect whatsoever.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Other than for payment obligations arising hereunder, neither party will be liable for, or will be considered to be in breach of, the Agreement on account of, any delay or failure to perform as required by the Agreement as a result of any causes or conditions that are beyond such party’s reasonable control. If any force majeure event occurs (which shall include, without limitation, acts of God, telecommunications, Internet or network failure, failure of utilities, results of vandalism or computer hacking, fire, storm, epidemic, or other natural occurrences, any conflicting order, direction, action or request of the federal, state and/or local governments or of any regulatory department, agency, commission, court or other instrumentality, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, work stoppages or other such labor difficulties), the affected party will give written notice to the other parties. If Skinprint® is the party required to give notice pursuant to the preceding sentence, it shall be sufficient for Skinprint® to post a notice on the Site or to send notice by email. Notwithstanding the foregoing, the parties’ obligations to one another shall be excused and/or postponed during and only for the duration of the applicable force majeure event and shall resume as soon as practicable after the force majeure event has ended.
You may not assign the Agreement or your rights and obligations thereunder to any third party without the prior express written approval of Skinprint®. Skinprint® may assign the Agreement and/or its rights and obligations hereunder to any third party, without your prior written consent. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, administrators, successors and permitted assigns.
Messaging Terms & Conditions
General
When you opt-in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from Skinprint for Skinprint. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Skinprint. Skinprint reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Skinprint also reserves the right to change the short code or phone number where messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
Carriers
Carriers are not liable for delayed or undelivered messages.
Cancellation
You can cancel any time by texting "STOP". After you send the SMS message "STOP", we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Skinprint again, just sign up as you did the first time and Skinprint will start sending messages to you again.
Info
Text "HELP" at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at info@skinprint.com.
Transfer of NumberYou agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at info@skinprint.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes
Contact Us
If you have any questions about the Agreement, Skinprint® Offerings or the practices of Skinprint® , please feel free to contact us via U.S. mail at: Skinprint 1997 Rt. 17M, Goshen, NY 10924; call us at: 1-800-234-1308; or e-mail us at: info@skinprint.com.