Terms & Conditions
Definitions
Parties
"You" and "your" refer
to you, as a user of the Service. A "user" is someone who accesses,
browses, crawls, scrapes, or in any way uses the Service. "We", "us", "our" refer
to Supermodel Skinfood.
Content
"Content" means
text, images, photos, audio, music, video, and all other forms of data or
communication. "Your Content" means Content that
you submit or transmit to, through, or in connection with the Service, such as
videos, commentary, ratings, reviews, invitations, messages, and information
that you publicly display or displayed in your account profile. "User
Content" means Content that users submit or transmit to, through, or in
connection with the Service. "Supermodel Skinfood Content" means
Content that we create and make available in connection with the Service. "Third Party Content" means
Content that originates from parties other than Supermodel Skinfood or its
users, which is made available in connection with the Service. "Site Content" means
all of the Content that is made available in connection with the Service,
including Your Content, User Content, Third Party Content, and Supermodel
Skinfood Content.
Changes to the Terms of Service
We may modify the Terms
of Service from time to time. When changes are made, we will notify you by
making the revised version available on this webpage, and will indicate at the
top of this page the date that revisions were last made. You should revisit
these Terms of Service on a regular basis as revised versions will be binding
on you. Any such modification will be effective upon our posting of new Terms
of Service. You agree that your continued access to or use of the Service
after any posted modification to the Terms of Service indicates your acceptance
of the modification.
Eligibility
You must be 18 years old or the age of
majority in your jurisdiction in order to make a purchase on our Site. If
you are under 18 years old or the age of majority in your jurisdiction, then
you may not make a purchase on our Site. If you are under 13 years old, you may
browse our Site. However, you may not provide personal information to us, make
a purchase on the Site nor register on the Site. This Site is not directed to
Children Under 13 Years Old. By Accessing Or Using The Site, You Are
Acknowledging That You Have Read, Understand, And Agree, Without Limitation Or
Qualification, To Be Bound By These Terms And Conditions. If You Do Not Agree
To The Terms And Conditions, You May Not Use Our Site
Accuracy Of Information
We attempt to be as accurate as possible
when describing our products on the Site; however, we do not warrant that the
product descriptions, colors, information or other content available on the
Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical
errors or inaccuracies and may not be complete or current. We therefore reserve
the right to correct any errors, inaccuracies or omissions (including after an
order has been submitted) and to change or update information at any time
without prior notice. Please note that such errors, inaccuracies or omissions
may relate to pricing and availability, and we reserve the right to cancel or
refuse to accept any order placed based on incorrect pricing or availability
information. We apologize for any inconvenience.
Intellectual Property
All information and content available
on the Site and its look and feel, including but not limited to trademarks,
logos, service marks, features, functions, text, graphics, logos, button icons,
images, audio clips, data compilations and software, and the compilation and
organization thereof (collectively, the "Content") is the
property of Supermodel Skinfood or our
parents, subsidiaries, affiliates, partners or licensors, and is protected by
United States and international laws, including laws governing copyrights and
trademarks.
Except as set forth in the limited
licenses in Section 6 below, or as required under applicable law, neither the
Content nor any portion of the Site may be used, reproduced, duplicated,
copied, sold, resold, accessed, modified, or otherwise exploited, in whole or
in part, for any purpose without our express, prior written consent.
Limited Licenses: Use Restrictions
We grant you a limited, revocable,
non-transferable, and non-exclusive license to access and make personal use of
the Site. You understand and agree that you will not do or attempt to do or
cause any third party to do or attempt to do any of the following in connection
with your use of the Site:
frame or utilize framing techniques to
enclose the Site or any portion thereof;
use any meta tags, "hidden
text", robots, spiders, crawlers, or other tools, whether manual or
automated, to collect, scrape, index, mine, republish, redistribute, transmit,
sell, license or download the Site, Content (except caching or as necessary to
view the Site), or the personal information of others without our prior written
permission or authorization;
make any
use of the Site or any Content other than for personal use;
modify,
reverse engineer or create any derivative works based upon the Site or any
Content;
impersonate
any person or entity, or falsely state or otherwise misrepresent your
affiliation with any person or entity;
"stalk" or
otherwise harass including advocating harassment of another, entrap or harm any
third party including harming minors in any way;
intentionally
violate any applicable local, state, national or international law;
transmit,
upload, post, e-mail, share, distribute, reproduce, or otherwise make available
any software viruses, malware, program, code, file, or other material intended
to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
engage or
make any unsolicited or unauthorized advertising, solicitation or promotional
material, including chain letters, mass mailings, or any form
of "spam."
We also grant you a limited,
revocable, non-transferable, and non-exclusive license to create a hyperlink to
the home page of the Site for personal, non-commercial use only. A website that
links to the Site (i) may link to, but not replicate, any and/or all of our
Content; (ii) may not imply that we are endorsing such website or its services
or products; (iii) may not misrepresent its relationship with us; (iv) may not
contain content that could be construed as distasteful, obscene, offensive
controversial or illegal or inappropriate for any ages (as determined in our
sole discretion); (v) may not portray us or our products or services in a
false, misleading, derogatory, or otherwise offensive or objectionable manner,
or associate us with undesirable products, services, or opinions; and/or (vi)
may not link to any page of the Site other than the home page. We may, in our sole
discretion, request that you remove any link to the Site, and upon receipt of
such request, you shall immediately remove such link and cease any linking
unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the
Site or any and/or all of our Content automatically terminates the limited
licenses set forth in this Section 6 without prejudice to any other remedy
provided by applicable law or these Terms and Conditions.
Your Obligations and Responsibilities
By accessing or using the Site or any
Content, you agree that you will comply with these Terms and Conditions and any
warnings or instructions on the Site. You agree that when accessing or using
the Site or any Content, you will act in accordance with the law, custom and in
good faith. You may not make any change or alteration to the Site or any
Content or services that may appear on this Site and may not impair in any way
the integrity or operation of the Site. Without limiting the generality of any other
provision of these Terms and Conditions, if you default negligently or
willfully in any of the obligations set forth in these Terms and Conditions,
you shall be liable for all the losses and damages that this may cause to us,
our parents, subsidiaries, affiliates, partners or licensors.
Your Account
Subject to the age restrictions
outlined above, you may view and use many features of the Site without
registering, including making purchases, but in order to access and use some
parts of the Site, you may need to register an account with us. You are
responsible for maintaining the confidentiality of your account, username and
password and for restricting access to your computer. If there has been an
unauthorized use of your password or account, please notify us immediately. You
are responsible for providing and maintaining current, complete, accurate and
truthful information on your account. You agree to accept responsibility for
all activities that occur with your permission or authorization under your account,
username and/or password, or because you fail to maintain sufficient security
over your account, username and/or password. If you are accessing and using the
Site on someone else’s behalf, you represent that you have the authority to
bind that person as the principal to all Terms and Conditions provided herein,
and to the extent you do not have such authority you agree to be bound to these
Terms and Conditions and to accept liability for harm caused by any wrongful
use of the Site or Content resulting from such access or use. You may cancel
your online account with us at any time mailing us at here.
We reserve the right to refuse service and/or terminate accounts without prior
notice if these Terms and Conditions are violated or if we decide, in our sole
discretion, that it would be in our best interest to do so.
Products and Services for Personal Use
The products and services available on
the Site, and any samples thereof we may provide to you, are for personal
and/or professional use only. We reserve the right, with or without notice, to
cancel or reduce the quantity of any order to be filled or products or services
to be provided to you that we believe, in our sole discretion, may result in
the violation of our Terms and Conditions.
Purchase Related Policies and
Procedures
To view policies and procedures
related to orders placed through this Site (such as order processing, shipping
and handling, returns and exchanges), please visit our F.A.Q page here.
Third Party Links
We are not responsible for the content
of any third party sites even if they are linked to or from the Site. Links
appearing on the Site are for convenience only and are not an endorsement by
us, our parents, subsidiaries, affiliates or partners of the referenced content,
product, service, or supplier. You use and access of these third party websites
is at your own risk. We are in no way responsible for examining or evaluating,
and we do not warrant the offerings of the third party websites or any other
websites linked to or from the Site, nor do we assume any responsibility or
liability for the actions, content, products, or services of such websites,
including without limitation, their privacy policies and terms and conditions.
You should carefully review the privacy policies and terms and conditions of
the third party websites you visit.
Special Features, Functionality and
Events
The Site may offer certain special
offerings or events (such as contests, sweepstakes or other offerings) which
may (a) be subject to terms of use, rules and/or policies in addition to or in
lieu of these Terms and Conditions; and (b) be offered by us or by third
parties. If so, we will notify you of this and if you choose to take advantage
of these offerings, you agree that your use of those offerings will be subject
to such additional or separate terms of use, rules and/or policies.
User Content
When you transmit, upload, post,
e-mail, share, distribute, reproduce or otherwise make available suggestions,
ideas, inquiries, feedback, data, text, software, music, sound, photographs,
graphics, images, videos, messages or other materials ("User
Content") on the Site in any manner, you are entirely responsible for such
User Content. You hereby grant to us a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit, and otherwise exploit such User Content throughout the world, in
all media now known or hereafter developed, for any purpose whatsoever,
including without limitation, developing, manufacturing, distributing and
marketing products.
You represent and warrant that you own
or otherwise control the rights to your User Content. You agree not to engage
in or assist or encourage others to engage in transmitting, uploading, posting,
e-mailing, sharing, distributing, reproducing, or otherwise making available
User Content that (a) is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) you do not have a right to make available under any law or under
contractual or fiduciary relationships; (c) is known by you to be false,
fraudulent, inaccurate or misleading; (d) you were compensated for or granted
any consideration by any third party; or (e) infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for
examining or evaluating User Content, nor do we assume any responsibility or
liability for the User Content. We do not endorse or control the User Content
transmitted or posted on the Site and therefore, we do not guarantee the
accuracy, integrity or quality of User Content. You understand that by using
the Site, you may be exposed to User Content that is offensive, indecent or
objectionable to you. Under no circumstances will we be liable in any way for
any User Content, including without limitation, for any errors or omissions in
any User Content, or for any loss or damage of any kind incurred by you as a
result of the use of any User Content transmitted, uploaded, posted, e-mailed
or otherwise made available via the Site. You hereby waive all rights to any
claims against us for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of
attribution in connection with User Content.
You acknowledge that we have the right
(but not the obligation) in our sole discretion to refuse to post or remove any
User Content and we reserve the right to change, condense, or delete any User
Content. Without limiting the generality of the foregoing or any other
provision of these Terms and Conditions, we have the right to remove any User
Content that violates these Terms and Conditions or is otherwise objectionable
and we reserve the right to refuse service and/or terminate accounts without
prior notice for any users who violate these Terms and Conditions or infringe
the rights of others.
Copyright Infringement Notices
We respect the intellectual property
of others and require that users of the Sites do the same. We also maintain a
policy that provides for the termination in appropriate circumstances of the
Sites’ use privileges of users who are repeat infringers of intellectual
property rights. Consistent with the Digital Millennium Copyright Act, if you
believe that copyrighted materials have been copied in a way that constitutes
copyright infringement, please send an e-mail or written notice to our
Designated Agent for notices of infringement and provide the following:
A physical
or electronic signature of a person authorized to act on behalf of the owner of
the copyright interest that you claim is infringed;
Identification
of the copyrighted work(s) that you claim has been infringed;
A
description of the material that you claim is infringing and the location of
that material on the Site;
Your
address, telephone number and email address;
A
statement by you that you have a good faith belief that the use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
A
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
You can
contact our designated agent for notifications of claimed infringement at: here
Disclaimer of Warranties; Limitation
of Liability
The site and its content and services
are presented "as is." neither we nor our parents,
subsidiaries, affiliates, partners, or licensors make any representations or
warranties of any kind whatsoever, express or implied, in connection with these
site terms and conditions or the site or its contents or services.
You agree that neither we nor our
parents, subsidiaries, affiliates, partners, or licensors will be responsible
or liable in contract, warranty or in tort (including negligence) for any (a)
interruption of business; (b) access delays or access interruptions to the
site; (c) data non-delivery, misdelivery, corruption, destruction or other
modification; (d) loss or damages of any sort incurred as a result of dealings
with or the presence of off-website links on the site; (e) computer viruses,
system failures or malfunctions which may occur in connection with your use of
the site, including during hyperlink to or from third party websites (f) any
inaccuracies or omissions in content or (g) events beyond our reasonable
control.
Further, neither we nor our parents,
subsidiaries, affiliates, partners, or licensors will be liable in contract,
warranty, or in tort (including negligence) for any indirect, special,
incidental, or consequential damages of any kind (including lost profits)
related to the site or your use thereof, even if we have been advised of the
possibility of such damages and in no event shall our maximum aggregate
liability for such claims exceed one hundred dollars ($100.00).
You agree that no claims or action in
contract, warranty, or in tort (including negligence) arising out of, or
related to, the use of the site or these terms and conditions may be brought by
you more than one (1) year after the cause of action relating to such claim or
action arose. If you are dissatisfied with the site, termination of your use of
the site is your sole remedy. We have no other obligation, liability, or
responsibility to you.
Indemnification
You agree to defend, indemnify and
hold us, our parents, subsidiaries, affiliates, partners, licensors, officers,
directors, employees, and agents (the “Indemnified Parties”) harmless for
any loss, damages or costs, including reasonable attorneys' fees, resulting
from any third party claim, action, or demand arising from (i) your use of the
Sites or the Site Content in violation of any law, rule, regulation or these
Terms and Conditions, or (ii) any part of your User Content. You also agree to
indemnify the Indemnified Parties for any loss, damages, or costs, including
reasonable attorneys' fees, resulting from your use of software robots,
spiders, crawlers, or similar data gathering and extraction tools, or any other
action you take that imposes an unreasonable burden or load on our
infrastructure.
Disputes
With respect to any dispute, claim, or
controversy regarding the Site, all rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws of Malaysia,
as if the Terms and Conditions were a contract wholly entered into and wholly
performed within Malaysia. Any dispute relating in any way to your use of the
site, these site terms and conditions, or the relationship between the parties
(other than claims relating to the intellectual property rights of Supermodel
Skinfood or our parents, subsidiaries, affiliates, partners or licensors or
claims in equity) shall be submitted to confidential arbitration in Malaysia
and you agree to submit yourself to the jurisdiction and proceedings
thereof. Arbitration means that an arbitrator(s) will decide the claim,
and you will not have the right to sue in court or to have a judge or jury
decide your claim. Your rights to prehearing exchange of information and
appeals may also be limited in arbitration. It is further agreed that
any dispute over the scope of this arbitration provision and any dispute as to
whether a claim is arbitral shall be submitted to the arbitrator for
decision. Notwithstanding the foregoing, to the extent you have in any
manner violated or threatened to violate our intellectual property rights or
the intellectual property rights of our affiliates, partners or licensors or
otherwise have a cause of action in equity, we may seek injunctive or other
appropriate relief in any court of competent jurisdiction and you consent to
jurisdiction and venue in any such court for such purposes.
You agree that any arbitration or
proceeding shall be limited to the dispute between us and you individually, and
(i) no arbitration or proceeding shall be joined with any other; (ii) there is
no right or authority for any dispute to be arbitrated or resolved on a class
action-basis or to utilize class action procedures; and (iii) there is no right
or authority for any dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons. You agree that you may
bring claims against us only in your individual capacity and not as a plaintiff
or class member in any purported class or representative proceeding.
Consent to Receive Notices Electronically
by Posting on the Site and Via Email
You consent to receive any agreements,
notices, disclosures and other communications
(collectively, "Notices") to which these Terms and Conditions
refer from us electronically including without limitation by e-mail or by
posting notices on this Site. You agree that all Notices that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. To withdraw your consent to receive Notices electronically, you must
notify us of your withdrawal of such consent by contacting us here, and
discontinue your use of this Site. In such event, all rights granted to you
pursuant to these Terms and Conditions, including but not limited to the
limited licenses set forth in Section 6 hereof, shall automatically terminate.
Unfortunately, we cannot provide the benefits of this Site to any user that
cannot consent to receipt of Notices electronically.
Please note that this consent to
receive Notices is entirely separate from any election you may make with
respect to receipt of marketing communications. Your options with respect to
receipt of marketing communications are set forth in our Privacy Policy.
General
You acknowledge and agree that these
Terms and Conditions constitute the complete and exclusive agreement between us
concerning your use of the Site, and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right, in our sole
discretion, to change these Terms and Conditions at any time by posting the
changes on the Site and providing notice of such change. Any changes are
effective immediately upon posting to the Site and release of notice of such
change. Your continued use of the Site thereafter constitutes your agreement to
all such changed 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 Site.
Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, or other
form of joint enterprise between us. Our failure to require your performance of
any provision hereof shall not affect our full right to require such performance
at any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the event
that any provision of these Terms and Conditions shall be unenforceable or
invalid under any applicable law or be so held by any applicable arbitral award
or court decision, such unenforceability or invalidity shall not render these
Terms and Conditions unenforceable or invalid as a whole but these Terms and
Conditions shall be modified, to the extent possible, by the adjudicating
entity to most fully reflect the original intent of the parties as reflected in
the original provision. The headings in the Terms and Conditions are for
convenience only and shall not be used in its interpretation.
If you have any questions regarding
these Terms and Conditions, please email us at here.
© Supermodel Skinfood LLC. All
worldwide rights reserved.