Terms & Conditions
Terms & Conditions
creation skin llc terms of service
effective date: July 1, 2020
Please read this Terms of Service Agreement (“Agreement”) carefully. This Agreement is a legal contract between you (“User”) and Creation Skin LLC. (“Creation Skin”, “we” or “us”).
IF YOU SUBSCRIBE TO ANY SUBSCRIPTION WE MAY OFFER THROUGH THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT CREATION SKIN’ THEN-CURRENT FEE FOR SUCH SUBSCRIPTION UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4.4 BELOW.
SECTION 13 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 13 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
By accessing or using www.CreationSkin.com (“Website”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
Subject to Section 13.8 of this Agreement, Creation Skin reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
1. USE OF THE SERVICES AND CREATION SKIN PROPERTIES. The Website, the Services, and the information and content available on the Website and in the Services (as these terms are defined herein) (each, a “Creation Skin Property” and collectively, the “Creation Skin Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Creation Skin grants you a limited license to reproduce portions of Creation Skin Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Creation Skin in a separate license, your right to use any and all Creation Skin Properties is subject to the Agreement.
1.1 Updates. You understand that Creation Skin Properties are evolving. As a result, Creation Skin may require you to accept updates to Creation Skin Properties that you have installed on your computer or mobile device. You acknowledge and agree that Creation Skin may update Creation Skin Properties with or without notifying you. You may need to update third-party software from time to time in order to use Creation Skin Properties.
1.2 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Creation Skin Properties or any portion of Creation Skin Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Creation Skin Properties (including images, text, page layout or form) of Creation Skin; (c) you shall not use any metatags or other “hidden text” using Creation Skin’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Creation Skin Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Creation Skin Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Creation Skin Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Creation Skin Properties. Any future release, update or other addition to Creation Skin Properties shall be subject to the Agreement. Creation Skin, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Creation Skin Property terminates the licenses granted by Creation Skin pursuant to the Agreement.
2.1. Registering Your Account. In order to access certain features of Creation Skin Properties, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Website (each such account, a “Third-Party Account”).
2.2 Access Through a SNS. If you access the Creation Skin Properties through a SNS as part of the functionality of the Website and/or the Services, you may link your Account with Third-Party Accounts, by allowing Creation Skin to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Creation Skin and/or grant Creation Skin access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Creation Skin to pay any fees or making Creation Skin subject to any usage limitations imposed by such third-party service providers. By granting Creation Skin access to any Third-Party Accounts, you understand that Creation Skin may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Creation Skin Properties (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Creation Skin Properties via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Creation Skin Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Creation Skin’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Creation Skin Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND CREATION SKIN DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Creation Skin makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non infringement, and Creation Skin is not responsible for any SNS Content.
2.3 Registration Data. In registering an account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (l) at least thirteen (13) years old; (m) of legal age to form a binding contract; and (n) not a person barred from using Creation Skin Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Creation Skin Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify Creation Skin immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Creation Skin has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Creation Skin has the right to suspend or terminate your Account and refuse any and all current or future use of Creation Skin Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Creation Skin reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Creation Skin Properties if you have been previously removed by Creation Skin, or if you have been previously banned from any of Creation Skin Properties
2.4 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Creation Skin.
3. Purchasing Products.
3.1 Product Descriptions. Certain products available on our Website may be available exclusively online through the Website. These products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products are subject to change without notice, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
3.2 Order Acceptance. Each part of any order that you submit to Creation Skin constitutes an offer to purchase. If you do not receive a message from Creation Skin confirming receipt of your order, please contact our Customer Service department at firstname.lastname@example.org before re-entering your order. Creation Skin’s confirmation of receipt of your order does not constitute Creation Skin’s acceptance of your order. Creation Skin is only deemed to have accepted your order once the product(s) you ordered have been shipped (the “Product”).
3.3 Order Issues. Although we strive to accept all valid orders, Creation Skin reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
3.4 Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Creation Skin reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
3.5 Return Policy. Creation Skin offers a thirty (30) day return policy on full sized products that you have not been previously purchased. Notwithstanding the foregoing, product returns must contain at least one half the amount of volume of original product shipped, and will otherwise only be eligible for a refund at the discretion of Creation Skin. Creation Skin reserves the right to not offer this refund to any user suspected of abusing this return policy. If you receive such notice from Creation Skin, regardless of whether such abuse is established, you acknowledge that by making subsequent purchases, you agree not to participate in the subscription refund program.
3.6 Restrictions on Resale.To protect the intellectual property rights of Creation Skin and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Creation Skin reserves the right to decline any order that we deem to possess characteristics of reselling.
4. Fees and Purchase Terms.
4.1 You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order through the Services, you must provide valid payment information. By providing your payment information, you agree that Creation Skin is authorized to immediately invoice your Account for all fees and charges due and payable to Creation Skin hereunder and that no additional notice or consent is required. You agree to immediately notify Creation Skin of any change in your billing address, debit card, credit card, or other relevant payment account information. Creation Skin uses Stripe Payments (“Stripe”) and/or Afterpay. (“Afterpay”) as a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you hereby consent and authorize Creation Skin and Stripe and/or Afterpay to share any information and payment instructions you provide to complete your transactions. You agree to immediately notify Creation Skin of any change in your payment information by sending an e-mail to email@example.com. Creation Skin reserves the right at any time to change its prices and billing methods. Please contact firstname.lastname@example.org regarding any billing disputes.
4.2 Service Subscription Fees. You will be responsible for payment of the applicable fee for any subscription we may offer through the Services (each, a “Service Subscription Fee”) at the time you create your Account and subscribe to the Subscription (each, a “Service Commencement Date”). Except as set forth in any separate refund policy posted on the Services, all fees are non-refundable. No contract will exist between you and Company for the Services until Creation Skin accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
4.3 The payments required under Section 4 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Creation Skin determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Creation Skin shall collect such Sales Tax in addition to the payments required under Section 4 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Creation Skin, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Creation Skin for any liability or expense Creation Skin may incur in connection with such Sales Taxes. Upon Creation Skin’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
4.4 Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Creation Skin’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Creation Skin that your subscription will be automatically renewed, you will have thirty days from the date of the Creation Skin notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact Creation Skin at email@example.com or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Creation Skin to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Creation Skin does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Creation Skin may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
4.5 Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Creation Skin communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
4.6 Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Creation Skin to have the charges reversed.
5.1 Creation Skin Properties. You agree that Creation Skin and its suppliers own all rights, title and interest in Creation Skin Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Creation Skin Properties.
5.2 Trademarks. and all related graphics, logos, service marks and trade names used on or in connection with any Creation Skin Properties or in connection with the Services are the trademarks of Creation Skin and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Creation Skin Properties are the property of their respective owners.
5.3 Other Content. You agree that you have no right, title, or interest in or to any Content that appears on or in Creation Skin Properties.
5.4 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Creation Skin through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Creation Skin has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Creation Skin a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Creation Skin Properties and/or Creation Skin’s business.
6. THIRD-PARTY SERVICES. Creation Skin Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left Creation Skin Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Creation Skin. Creation Skin is not responsible for any Third-Party Websites or Third-Party Ads. Creation Skin provides these Third-Party Websites and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. INDEMNIFICATION. You agree to indemnify and hold Creation Skin, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Creation Skin Party” and collectively, the “Creation Skin Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Creation Skin Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Creation Skin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Creation Skin in asserting any available defenses. This provision does not require you to indemnify any of the Creation Skin Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Creation Skin Properties.
8. DISCLAIMER OF WARRANTIES
8.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CREATION SKIN PROPERTIES IS AT YOUR SOLE RISK, AND CREATION SKIN PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CREATION SKIN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. This Section 8 does not affect in any way our return policy for goods purchased on the Website. If for any reason you are not satisfied with a purchase you make on the Website, please return it in accordance with the terms of our return policy, as described in Section 3.5.
A. CREATION SKIN PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) CREATION SKIN PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF CREATION SKIN PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF CREATION SKIN PROPERTIES WILL BE ACCURATE OR RELIABLE.
B. ANY CONTENT ACCESSED THROUGH CREATION SKIN PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS CREATION SKIN PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
C. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. CREATION SKIN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CREATION SKIN OR THROUGH CREATION SKIN PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you, and you might have additional rights.
8.2 No Liability for Content. THE SERVICE CONTAINS OPINIONS AND VIEWS OF CREATION SKIN. CREATION SKIN DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY CREATION SKIN THAT ARE MADE AVAILABLE THROUGH THE SERVICES.
8.3 No Liability for Conduct of Third Parties or Products. YOU ACKNOWLEDGE AND AGREE THAT CREATION SKIN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CREATION SKIN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8.4 Professional Advice Disclaimer.
A. THE CONTENT AND INFORMATION LOCATED ON THE CREATION SKIN PROPERTIES ARE DESIGNED FOR EDUCATIONAL AND INFORMATIONAL, PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE CREATION SKIN PROPERTIES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
B. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE CREATION SKIN PROPERTIES. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE CREATION SKIN PROPERTIES IS SOLELY AT YOUR OWN RISK.
C. NOTHING STATED OR POSTED ON THE CREATION SKIN PROPERTIES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
D. THE CREATION SKIN PROPERTIES ARE CONTINUALLY UNDER DEVELOPMENT AND CREATION SKIN MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
9. LIMITATION OF LIABILITY
9.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CREATION SKIN PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Cap on Liability. IF YOU HAVE PURCHASED ANY PRODUCTS FROM CREATION SKIN THROUGH THE SERVICES, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE CREATION SKIN INDEMNITEES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO CREATION SKIN BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES. IF YOU HAVE NOT PURCHASED ANY PRODUCTS FROM CREATION SKIN THROUGH THE SERVICES, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE CREATION SKIN INDEMNITEES ARE LIABLE TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
9.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CREATION SKIN AND YOU.
9.4 Exclusions. The laws of some states do not allow for the exclusion or limitation of certain damages. If these laws not apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you and you might have other rights.
10.1 Violations. If Creation Skin becomes aware of any possible violations by you of the Agreement, Creation Skin reserves the right to investigate such violations. If, as a result of the investigation, Creation Skin believes that criminal activity has occurred, Creation Skin reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Creation Skin is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Creation Skin Properties, including Your Content, in Creation Skin’s possession in connection with your use of Creation Skin Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Creation Skin, its Users or the public, and all enforcement or other government officials, as Creation Skin in its sole discretion believes to be necessary or appropriate.
10.2 Breach. In the event that Creation Skin determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Creation Skin Properties, Creation Skin reserves the right to:
A) Warn you via e-mail (to any e-mail address you have provided to Creation Skin) that you have violated the Agreement;
B) Delete any of Your Content provided by you or your agent(s) to Creation Skin Properties;
C) Discontinue your registration(s) with any of Creation Skin Properties, including any Services or any Creation Skin community;
D) Discontinue your subscription to any Services;
E) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
F) Pursue any other action which Creation Skin deems to be appropriate.
11. TERM AND TERMINATION.
11.1 Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Creation Skin Properties, unless terminated earlier in accordance with the Agreement.
11.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Creation Skin Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Creation Skin Properties, unless earlier terminated in accordance with the Agreement.
11.3 At its sole discretion, Creation Skin may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Creation Skin reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Creation Skin for Products purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, Sections 5 through 9, 11, 13, and 14.
12. International Users. The Services are controlled and offered by Creation Skin from its facilities in the United States of America. Creation Skin makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
13. GENERAL PROVISIONS.
14.1 Electronic Communications. The communications between you and Creation Skin may take place via electronic means, whether you visit Creation Skin Properties or send Creation Skin e-mails, or whether Creation Skin posts notices on Creation Skin Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Creation Skin in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Creation Skin provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14.2 Release. You hereby release Creation Skin Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Creation Skin Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Creation Skin Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Creation Skin Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
14.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Creation Skin’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.4 Force Majeure. Creation Skin shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.5 Governing Law. This Agreement and any action related thereto shall be governed and interpreted by and under the laws of the State of Missouri, without regard to conflicts of law provisions. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Creation Skin agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Springfield, Missouri.
14.6 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Creation Skin Properties, please contact us at: Creation Skin, 404 W South St. #168 , Nixa, Missouri 65714. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
14.7 Where Creation Skin requires that you provide an e-mail address, you are responsible for providing Creation Skin with your most current e-mail address. In the event that the last e-mail address you provided to Creation Skin is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Creation Skin’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Creation Skin to the address above. Such notice shall be deemed given when received by Creation Skin by letter delivered by nationally recognized.
14.8 Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Creation Skin. Creation Skin’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
14.9 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
14.10 Export Control. You may not use, export, import, or transfer Creation Skin Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Creation Skin Properties, and any other applicable laws. In particular, but without limitation, Creation Skin Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Creation Skin Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Creation Skin Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Creation Skin are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Creation Skin products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
14.11 Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Creation Skin, which are not included in this Agreement, shall be binding on Creation Skin or its affiliates.