Terms and Conditions

Last updated: September 5, 2019 

Welcome to the Dr. Pimple Popper website! 

We here at Skin PS Brands (hereinafter, “we,” “us,” “our,” “ourselves,” “Skin PS Brands” or “Skin PS”) are thrilled you are here! 

These Terms and Conditions of Use (hereinafter “Terms of Use”) apply to your access to and/or use of the websites, microsites, mobile applications, and other online services of Skin PS and our brands and lines of business that expressly adopt, and display or link to, these Terms of Use (collectively, the “Sites”). These Sites include, without limitation, our website located at  https://drpimplepopper.com and https://drpimplepopper.vhx.tv/ Please read these Terms of Use carefully before using any of our Sites and/or Services.   

Your access to and use of the Sites and Services (defined below) is conditioned upon your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who wish to access or use the Sites and/or Services. 

Through the Sites, you may access to a variety of resources and content. These may include: (a) access to our software incorporated into and/or through our Sites (“Software”); (b) any content uploaded to, on or through the Sites, including but not limited to data, messages, text, images, photographs, graphics, audio and video (collectively, “Content”); (c) any systems used in connection with the Sites to upload, download, share, email, post, publish, transmit or otherwise access or make available Content, including, without limitation, discussion groups, chat areas, bulletin boards, blogs, etc. (“Systems”); and (d) any other services that we provide and that are used in connection with the Sites (“Site Services”), including, without limitation, any Subscription Services (as defined in Section 14 below).  Collectively, Software, Content, Systems, Subscription Services and Site Services shall be referred to hereinafter as “Services”. 

The following Terms of Use constitute a legal agreement between you and Skin PS Brands concerning your access to and/or use of the Sites and/or Services, or any part thereof.  We may revise the Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted at this location. Your continued access of the Sites and/or Services after such posting constitutes your consent to be bound by the Terms of Use, as amended. 

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING, USING OR VISITING THE SITES AND/OR SERVICES, OR ANY PART THEREOF, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, USE OR VISIT THE SITES AND/OR SERVICES, OR ANY PART THEREOF.NOTE: THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SKIN PS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. ALSO, THESE TERMS OF USE SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 24, 25, 26, 28 AND 30, BELOW, TO LEARN MORE. 

  1. User Responsibilities 

You are responsible for your use of the Sites and Services, and for any information you provide to, on or through the Sites and/or Services, or any part thereof. You are also responsible for any consequences resulting indirectly or directly from your use of the Sites and/or Services, or any part thereof. In connection with your use of the Sites and/or Services, or any part thereof, you acknowledge and agree that you shall not 

 

  1. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through the Sites and/or Services, or any part thereof 

 

  1. access the Sites and/or Services, or any part thereof, by any means other than through the standard industry-accepted or the provided interfaces;  

 

  1. transmit any Content and/or make any Posts (as defined in Section 14 below) or otherwise use the Sites and/or Services in any way that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; may invade another’s right of privacy or publicity; is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature; exploits minors; depicts animal cruelty or extreme violence towards animals; is hateful, or discriminatory or incites hatred against any individual or group; promotes or supports terror or hate groups; 

 

  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with such a person or entity;  

 

  1. create an Account for someone else unless you have their express permission; 

 

  1. attempt to create Account or access or collect information in unauthorized ways; 

 

  1. anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose, including, without limitation, providing false or misleading claims about vaccination safety; promoting fraudulent or dubious business schemes or proposes an unlawful transaction; or provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms; 

 

  1. attempt to buy, sell, or transfer any aspect of your Account (including your username) or solicit, collect, or use login credentials or badges of other users; 

 

  1. post or transmit any Content that contains a virus or corrupted data, use the Sites and/or Services, or any part thereof, in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or Services, or any part thereof 

 

  1. delete any author attributions, legal notices or proprietary designations or labels associated with any Content that you upload to, on or through the Sites and/or Services, or any part thereof 

 

  1. violate any applicable local, state, national or international law, including, but not limited to, uploading or transmitting any Content, Posts (as defined below) or other materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;  

 

  1. manipulate or otherwise display the Sites and/or Services, or any part thereof by using framing or similar navigational technology; or use the Sites and/or Services, of any part thereof, for any purpose that is unlawful or prohibited by these Terms of Use 

 

  1. violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;  

 

  1. use technology or other means to access, index, frame or link to the Sites and/or Services (including the Content) that is not authorized by Skin PS (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services); 

 

  1. access the Sites and/or Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Sites and/or Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content; 

 

  1. introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; 

 

  1. damage, disable, overburden, impair, or gain unauthorized access to the Sites and/or Services, including Skin PS’s servers, computer network, or user accounts;  

 

  1. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Sites and/or Services (including the Content);  

 

  1. use the Sites and/or Services to advertise or promote services that are not expressly approved in advance in writing by Skin PS;  

 

  1. collects information in violation of our Privacy Policy; 

 

  1. encourage conduct that would constitute a criminal offense or give rise to civil liability;  

 

  1. interferes with any other party’s use and enjoyment of the Sites and/or Services; 

 

  1. violate these Terms of Use, the terms of any applicable SaaS Agreement, Subscription Services Agreement and/or Purchase Terms (as those terms are defined below), and/or any other guidelines or policies posted by Skin PS; and/or 

 

  1. attempt to do any of the foregoing. 

If Skin PS determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, and (ii) use technical measures to block, restrict or terminate your access or use of the Sites and/or Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Sites and Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. 

  1. Access to Services; Accounts 

You may be required to create an account (an “Account”) and become a registered user in order to fully access all of the features of the Sites and/or Services.  In such cases, users of our Sites and/or Services may be required to obtain a unique login and password and may be required to agree to the terms of a SoftwareAsAService Agreement (“SaaS Agreement”) as it relates to use of Software and/or a Subscription Services Agreement (as defined in Section 14 below) as it relates to use of our Subscription Services (as defined in Section 14 below) Prior to using the Software and/or Subscription Services, you must first agree to the terms and conditions governing such use by clicking on the “I AGREE” (or similar prompt) to evidence your acceptance of these Terms of Use as well as the SaaS Agreement and/or Subscription Services Agreement, as the case may be. 

Users may also be required to agree to the terms of use for other third-party software, if any, incorporated into the Sites and/or Services (“ThirdParty Software”). Skin PS is not responsible in any manner for any Third-Party Software provided on or through the Sites and/or Services or for any changes or updates to such Third-Party Software. Skin PS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Third-Party Software. We do not warrant the offerings of any of such ThirdParty Software or the entities/individuals that own or operate them.  YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SOFTWARE. 

If, to the extent permitted by Skin PS from time to time, you grant express permission to a third party to access or connect to your Account, either through the third party’s product or service or through the Sites and/or Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms of Use.  You are fully responsible for all acts or omissions of any third party with access to your Account.  Further, you acknowledge and agree that you will not hold Skin PS responsible for, and will indemnify Skin PS from, any liability arising out of or related to any act or omission of any third party with access to your Account.  You may change or remove permissions granted by you to third parties with respect to your Account at any time through the Account settings page on the Site. 

  1. Age Restriction – Children’s Privacy 

We are committed to protecting the privacy of children.  You should be aware that the Sites and Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. 

You must be at least 18 years old to create an Account and/or use the Sites and/or Services. The Sites and Services, and every part thereof, is intended for adults only and is not intended for any children under the age of 18. We do not knowingly allow anyone under the age of 18 to create Accounts that allow access to the secured features of the Sites and/or Services. 

  1. Privacy 

Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information and is incorporated herein by reference. You understand that through your use of the Sites and/or Services you consent to the collection and use of this information, as set forth in the Privacy Policy. 

  1. Purchases 

We may charge fees associated with certain aspects of the Sites and/or Services, including, without limitation, for memberships, subscriptions or the download of apps, products and/or additional features. Such products or services, if any, will be made available for purchase on specified pages of the Sites, or otherwise as indicated on or through the Sites and/or Services. In the event of any fee changes by us, we will provide you with commercially reasonable notice of such charge. 

If you wish to purchase any product or service made available through the Sites and/or Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  Please refer to our Privacy Policy as to how credit card information you supply on or through the Sites and/or Services is transmitted via secured methods, such as Secure Socket Layer (SSL) technology or other similar encryption methods.   

When you provide credit card information to us, you represent and warrant that: (i) you are the authorized user of the credit card that is used for the Purchase; (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any such Purchase; and that (iii) the information you supply to us is true, correct and complete. 

You agree to promptly notify us of any changes to your credit card account number, its expiration date and/oryour billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. You will have ten (10) business days to accept any new fees. In the event that you fail to accept the new fees by written notice to us, your subscription, plan, or other ongoing, paid-for products and/or services on or through the Sites and/or Services, as applicable, may be immediately terminated. We reserve the right to collect applicable taxes and impose premium surcharges for certain products and/or services on or through the Sites and/or Services. 

The Sites and/or Services may employ the use of thirdparty services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 

If you order a subscription, each month that you use the Sites and/or Services, or any part thereof, you agree and reaffirm that we are authorized to charge your credit card for the applicable subscription fee.  For more information about subsription services that we offer, as well as the terms and conditions of such subscription services, please refer to Section 14 (Subscription Services) below 

We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item (“Purchaser Errors”). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Sites and/or Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors. 

In no event will we be liable for any defects or other problems associated with downloads or purchases on or through the Sites and/or Services. Notwithstanding anything to the contrary herein, we accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any Purchases. 

Purchases may be subject to additional terms of purchase and/or policies that we provide on or through our Sites and/or Services (“Purchase Terms”). 

  1. Shipping and Handling 

For products sold on our Sites and/or through our Services, the following terms and conditions for shipping and handling apply: 

In stock, non-pre-order items shipping to addresses within the United States are sent by UPS or US Mail (USPS) depending on weight and usually take 7-10 business days to arrive, or depending on the shipping method that you choose. 

Orders received over the weekend and/or on holidays will be processed the following business day. We will notify you if any item cant be shipped within 30 days and you will be given the option to cancel your order. 

Shipping costs are determined by the size, weight, shipping method and delivery address of your order.  You will see your actual and total shipping costs at checkout before you are asked to provide your payment information. 

Shipments are processed Monday-Friday within 1-3 days of the order being placed. All orders placed on Friday, including expedited shipping, will dispatch the following Monday (excluding holidays).  Transit time includes weekdays only and does not include weekends or holidays.  We will notify you if any item cannot be shipped within 30 days and you will be given the option to cancel your order.  

 

  1. Risk of Loss 

All of your purchases of our products made on or through or Sites and/or Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items will pass to you upon delivery to the carrier. 

  1. Return/Refund Policy 

For products sold on our Sites and/or through or Services, the following terms and conditions for shipping and handling apply: 

All sales are FINAL, and all purchases made on or through the Sites and/or Services are NON-REFUNDABLE. Purchases are not eligible for return or exchange unless damaged, defective, or merchandise is incorrectly shipped or missing. 

If you have received damaged, defective or incorrectly shipped merchandise, please notify our customer service team at [email protected]. Please note if an item appears to be damaged/defective, supporting documentation may be asked in order complete an exchange or replacement.  On these returns, original shipping and handling charges are not refundable. 

If you have any further questions regarding this policy, do not hesitate to contact us – please see Section 38 (“Contact Us”) below. 

  1. International Orders 

All international customers must be aware of the customs and importation laws for their respective country. Furthermore, all duties, taxes, and VAT fees are not covered by us and our customers are responsible for these payments. Skin PS is not responsible for any packages that are seized or stopped by the authorities, or any fees that are required for international duties, purchases and/or shipments. In other words, as a consumer who chooses to purchase and have products shipped to a country outside of the United States, you are taking responsibility for your purchase, and acknowledging that you are aware of the laws pertaining to such shipments. Please contact your local authorities for more rules and regulations in regards to the purchase of products shipped to a county outside the United States. 

  1. Taxes 

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Site and/or Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.  Your transaction history is available through your Account. In accordance with applicable law, Skin PS may collect sales tax on orders shipping within or to certain jurisdictions, including the following states: California. Skin PS is not responsible for additional taxes and tariffs on international shipments. 

  1. Availability, Errors and Inaccuracies 

We are constantly updating product and service offerings on the Sites and Services. We may experience delays in updating information on the Sites and/or Services and in our advertising on other web sites. The information found on the Sites and/or Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Sites and/or Services and we cannot guarantee the accuracy or completeness of any information found on the Sites and/or Services. 

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 

  1. Contests, Sweepstakes and Promotions 

Any contests, sweepstakes, surveys, or other promotions (collectively, “Promotions”) made available through the Sites and/or Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply. 

We may rely on the expertise of third-party service providers to run sweepstakes, contests, surveys, and/or other promotions. Navigation to sites operated by such third-party service providers may be seamless so that it appears you are still using our Sites and/or Services. In these cases, the third-party’s privacy policy may apply to any personal information you elect to provide in connection with any such sweepstake, contest, survey, or other promotion. Therefore, please take note of who is running the sweepstake, contest, survey, or other promotion in question; and the terms, conditions, and policies that apply. 

  1. Social Networking and Other Third-Party Sites and Services 

We may at times facilitate easy access to third-party sites and online services, like social networks and other services that host user-generated content (“Social Networks”). This may include easy click-through access, the ability for you to share content on third-party services, or even “single sign-on” to these services. The third-party’s privacy policy applies to any information or content you provide through these services related to arising out of Social Networks.   

Skin PS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Social Networks. We do not warrant the offerings of any of such Social Networks or the entities/individuals that own or operate them.  YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH SOCIAL NETWORKS. 

  1. Subscription Services 

Users of the Sites and/or Services may be able to utilize certain subscription services (“Subscription Services”) that we offer, including, but not limited to: (a) providing an online video service which gives users the opportunity to select from various offerings of live and on-demand programming, including television shows, movies, clips, and other content that is not available for the public to view (collectively, the “Exclusive Content”); and (b) providing access to online forums (“Forums”) where subscribers of the Subscription Services (“Subscribers”) can interact with one another as it relates to such Exclusive Content.   

Use of the Subscription Services (including access to the Exclusive Content and the Forums) is subject to you: (i) registering as a Subscriber and selecting the applicable Subscription Services you wish to use or otherwise access (a “Subscription”), (ii) complying with these Terms of Use and our Privacy Policy as well as with any end user license agreement or other agreement that might accompany and/or apply to the applicable Subscription Service, including, without limitation any SaaS Agreement and/or any subscription services agreement and/or policy that we provide as it relates to our Subscription Services (“Subscription Services Agreement”); (iii) having Internet access and a Compatible Device (as defined below); and (iv) providing us with one or more Payment Methods (as defined below)Your Subscription will continue and automatically renew until terminated.  

For the purposes of these Terms of Use, the term “Subscription Services” shall be incorporated into and made part of the term “Services” as used herein. 

License.  We offer a non-exclusive limited license to use the Subscription Services, including accessing and viewing the Exclusive Content on a streaming-only basis through an online video player for viewing the Exclusive Content (the “Video Player”) for personal, non-commercial purposes as set forth in these Terms of Use. The periods during which Subscribers can view each piece of Exclusive Content and/or utilize the Video Player will vary based on the rights availability of such Exclusive Content and/or Video Player and the terms of his or her Subscription, including, without limitation, any applicable SaaS Agreement and/or Subscription Services Agreement.   

Usage Rules and Limitations.  You may only access and view the Exclusive Content, as well as utilize the Subscription Services, if you become a Subscriber and establish a Subscription and such use must be personal and for a non-commercial purpose in compliance with these Terms of Use and any applicable Subscription Services Agreement. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Exclusive Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Exclusive Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Exclusive Content unless expressly permitted by the terms of your Subscription and if permitted by Skin PS in writing. You may not incorporate the Exclusive Content into, or stream or retransmit the Exclusive Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Skin PS in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Exclusive Content unless authorized by Skin PS. You may not build a business utilizing the Exclusive Content, whether or not for profit. The Exclusive Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Exclusive Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Skin PS in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. 

Content Subjectivity.  The Exclusive Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Exclusive Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Skin PS does not guarantee that you will agree with them. You acknowledge these risks. 

Content Quality. Quality of the Exclusive Content, including resolution, may be affected by the format of the Exclusive Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Exclusive Content depends on your internet service and device capabilities. The time it takes you to begin playing Exclusive Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Exclusive Content you have selected, and the configuration of the device you are using. As a result, Skin PS is unable to make any warranties about the Exclusive Content in these respects. 

The Video Player.  You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point(s) where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.   The term “Access Points” refers to, collectively, one of our Sites, applications, and other places where any Services are available, including the Subscription Services and/or websites and applications of our third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player. 

Embedding a Video Using the Video Player.  Where there is an embed option in connection with Exclusive Content, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Skin PS (in Skin PS’ sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Skin PS reserves the right to prevent embedding to any website or other location that Skin PS finds inappropriate or objectionable (as determined by Skin PS in its sole discretion). 

Compatible DevicesIn order to access the Subscription Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Features and functionalities that we make available through the Subscription Services may differ by Compatible Device and the terms of your Subscription. For a current list of Compatible Devices, please contact us – please see Section 38 (“Contact Us”) below. 

Internet Service and Data UsageIn order to access the Subscription Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Exclusive Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Subscription Services. Your use of the Subscription Services may count toward your data usage, depending on the terms of your agreement with your internet service provider. 

Ownership. You agree that Skin PS owns and retains all rights to the Subscription Services. You further agree that the Exclusive Content you access and view as part of the Subscription Services is owned or controlled by Skin PS and/or Skin PS’ affiliates, partners and/or content programmers. The Subscription Services and the Exclusive Content are protected by copyright, trademark, and other intellectual property laws. 

Subscriptions. While we may offer Exclusive Content from time to time for free, we charge a fee to access the Subscription Services. The Subscription Services may include different Exclusive Content offerings and features, with different benefits, conditions, and limitations.  

Furthermore, we may offer a number of Subscription plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some Subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.  You can find the specific details regarding your Subscription at any time by logging into the applicable Site and viewing your Account details and/or by contacting us – please see Section 38 (“Contact Us”) below 

Billing. By providing a credit card or other payment method accepted by Skin PS (“Payment Method”) for your Subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your Subscription and any other fees for additional Services you may purchase, and any applicable taxes and possible transaction fees in connection with your use of your Subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the applicable Site and viewing your Account details and/or by contacting us – please see Section 38 (“Contact Us”) below. When you provide a Payment Method to access a Subscription, including in connection with any free trial offer we might provide, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your Account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.  Please refer to our Privacy Policy as to how credit card information you supply on or through the Sites and/or Services is transmitted via secured methods, such as Secure Socket Layer (SSL) technology or other similar encryption methods. 

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your Subscription or the Account or Subscription Services is otherwise suspended or discontinued pursuant to these Terms of Use.  To see the commencement date for your next renewal period, log in on the applicable Site and view your Account details and/or please feel free to contact us – please see Section 38 (“Contact Us”) below. 

We automatically bill your Payment Method on the calendar day corresponding to commencement of your Subscription. Where applicable, charges may be prorated for any partial month of service. The interval of time between each recurring payment due date shall correspond to the term of your Subscription and be referred to herein as a “Billing Period.” In the event your Subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly Subscription and became a paying Subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your Subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. 

If we offer you a promotion (e.g., a promotional price) for your Subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, we will begin billing your Payment Method for your Subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you. 

Skin PS reserves the right to change the terms of your Subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If Skin PS changes the Subscription fee or other charges for your Subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes. 

Very rarely, if there are special circumstances where Skin PS determines it is appropriate (e.g., your access to the Subscription Services is unavailable for days due to technical difficulties), we may provide credits to affected Subscribers. The amount and form of such credits, and the decision to provide them, are at Skin PS’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances. 

For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.  

Ongoing Subscription and Cancellation.  Your Subscription will continue in effect on a recurring basis corresponding to the term of your Subscription unless and until you cancel your Subscription or the Account or Service is otherwise suspended, discontinued or cancelled pursuant to these Terms of Use and/or any applicable Subscription Services Agreement. You must cancel your Subscription before your next renewal date in order to avoid the next billing. We will bill the periodic Subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your Account information). In the event that you modify your Subscription during your Billing Period, you might not have continued access to your original Subscription Services 

You may cancel your Subscription at any time by deleting your Account. If you cancel your Subscription, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your Subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service, referral, or redeemed gift card credits upon cancellation, including if you switch your billing from Skin PS to a third party. You can cancel your Subscription by logging into your Account and following the instructions on your Account page on the applicable Site or in the settings of our mobile application, if available, and/or please feel free to contact us – please see Section 38 (“Contact Us”) below. If you pay for the Subscription Services through your Account with a third party (e.g., Apple iTunes) and want to cancel your subscription or manage your billing, you may need to do so through your Account with such third party. 

We reserve the right, in our sole discretion, to cancel your Subscription or otherwise restrict your access to the Subscription Services for any reason, including, without limitation, your breach of these Terms of Use or any applicable Subscription Services Agreement. 

Unpaid Amounts. It is important that each Subscriber honor the payment obligations to which the Subscriber agreed. Accordingly, we reserve the right, in our sole discretion, to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your Subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. 

Changes to the Price and Subscription PlansWe reserve the right to change our Subscription Services plans or adjust pricing for our Subscription Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your Subscription plan will take effect following notice to you.  

No Refunds.  Notwithstanding anything to the contrary in these Terms of Use, payments for the Subscription Services are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Subscription Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.  

Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below, as well as additional rules applicable to any Skin PS-hosted site. 

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in this Section 14); (ii) improperly claims the identity of another person; and/or (iii) otherwise violates these Terms of Use and/or any applicable SaaS Agreement or Subscription Services Agreement. Please note that if you Post User Material on Skin PS using a thirdparty service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address. 

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Skin PS the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Skin PS will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Skin PS does not guarantee any confidentiality with respect to any User Material. 

By Posting User Material, you are not forfeiting any ownership rights in such material to Skin PS. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Skin PS a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Sites and Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. Unless otherwise expressly agreed by you and Skin PS in writing, the license you grant to Skin PS is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Skin PS), fully-paid, royalty-free (meaning that Skin PS is not required to pay you for the use of your User Material), and sublicensable (so that Skin PS is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Sites and Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms of Use. 

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Skin PS does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Skin PS. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does Skin PS assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Skin PS with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing [email protected] (subject line: “Inappropriate User Material”). 

Unsolicited Submissions. It is Skin PS’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Skin PS’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Skin PS creative work, including a film, series, story, title, or concept, would be purely coincidental. 

Third-Party Software and Third-Party Sites.  We may use certain Third-Party Software and/or Third-Party Sites (as defined in Section 19 below), such as Vimeo, in order to enable Subscribers to access and/or utilize the Subscription Services and/or Video Player.  The use of any such Third-Party Software and/or Third-Party Sites is subject to the terms and conditions imposed by the owners and/or operators of such Third-Party Software and Third-Party Sites. As stated elsewhere in these Terms of Use, we are not responsible for, and we do not warrant, any such Third-Party Software and/or Third Party Sites. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SOFTWARE AND THIRD-PARTY SITES. 

  1. Accounts and Password Security 

When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.  You further agree to maintain and promptly update your registration information to keep it true, accurate, current and complete.  Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Sites. 

As a registered user, you must choose a unique username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. 

You are responsible for maintaining the confidentiality of your Account and password, including, but not limited to, the restriction of access to your computer and/or Accoun, and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Sites and/or Services.  Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any associated accounts, including your linked bank account(s) and credit card(s).  You are responsible for keeping your email address and telephone number up to date in your account profile in order to receive any notices or alerts that we may send you.  We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Skin PS and/or failure to follow or act on any notices or alerts that we may send to you.  In the event you believe your Account information has been compromised, contact us immediately – please see Section 38 (“Contact Us”) below. 

You are solely responsible for the activities of anyone accessing the Sites and/or Services using your password and/or Account, even if the activities were not authorized by you. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Sites and/or Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account and/or password. In addition, if you believe or suspect your Account and/or password have been compromised, you must promptly change your password using the functionality provided on the Sites. 

We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion. 

  1. Security 

We have no way of knowing and will not be responsible or liable for any access to the Sites and/or Services, or any part thereof, that is achieved through improper means. In addition, individuals using our Sites and/or Services, or any part thereof, must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. We doe not warrant that the Sites or Services, or any part thereof, are “hackerproof.”  You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Sites and/or Services and are fully responsible for all activities that occur under your password or Account. You agree (i) to notify us immediately of any unauthorized use of your password or any other breach of security and (ii) to ensure that you log out of your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. 

  1. Mobile Website; Mobile Application 

Some of our Sites and/or Services may be made available in a mobile-friendly format, as well (our “Mobile Site”). All mobile phones that have Internet access can make use of the Mobile Site, if any. Users with mobile phones that have this access also have the option to view the full html website that is available on your computer. Prices for all products and services, including any special pricing and/or promotions, exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.  

Skin PS also makes available one or more mobile applications (the “Mobile Application”) to access the Sites and/or Services via a mobile device.  To use a Mobile Application, you must have a mobile device that is compatible with the mobile service.  Skin PS does not warrant that the Mobile Application will be compatible with your mobile device.  Skin PS hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.  You may not:  (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that Skin PS may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Skin PS and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).  Standard carrier data charges may apply to your use of the Mobile Application. 

The following additional terms and conditions apply with respect to any Mobile Application that Skin PS provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): 

  • You acknowledge that these Terms of Use are between you and Skin PS only, and not with Apple, Inc. (“Apple”). 
  • Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service. 
  • Skin PS, and not Apple, is solely responsible for our iOS App and the services and content available thereon.  Apple has no obligation or liability to you with respect to our iOS App or these Terms of Use. 
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App). 
  • You acknowledge and agree that Apple is a third-party beneficiary to these Terms of Use as they relate to your license of our iOS App. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of our iOS App as a third-party beneficiary thereof. 

The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”): 

  • You acknowledge that these Terms of Use are between you and Skin PS only, and not with Google, Inc. (“Google”). 
  • Your use of our Android App must comply with Google’s then-current Google Play Terms of Service. 
  • Google is only a provider of the Google Play where you obtained the Android App. Skin PS, and not Google, is solely responsible for our Android App and the services and content available thereon.  Google has no obligation or liability to you with respect to our Android App or these Terms of Use. 
  • You agree to comply with all applicable third-party terms of agreement when using our Android App (e.g., you must not be in violation of your wireless data service terms of agreement when using our Android App). 
  • You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as they relate to your license of our Android App. Upon your acceptance of these Terms of Use, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of our Android App as a third-party beneficiary thereof. 

In addition to the foregoing, you further represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. 

IN NO EVENT WILL SKIN PS BRANDS BE RESPONSIBLE FOR ANY TELECOMMUNICATION CHARGES ASSOCIATED WITH USE OF ANY OF THE SITE AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, A MOBILE SITE AND/OR A MOBILE APPLICATION. 

  1. Intellectual Property 

The Sites, Software, Systems, Site Services, and Subscription Services, including all of the software and code comprising or used to operate the Sites, Software, Systems, Site Services and/or Subscription Services, and all Content provided by Skin PS Brands (including, without limitation, the Exclusive Content) are and shall remain the exclusive property of Skin PS Brands or third parties who have licensed their rights to Skin PS Brands. No right, title or interest in the Sites, Software, Systems, Site Services, Subscription Services or any Skin PS Brands’ Content or Exclusive Content is transferred to you under these Terms of Use or any applicable Subscription Services Agreement. Skin PS does not claim ownership of the copyrights in any other content that is not included in the Content we provide 

The Sites, Software, Systems, Site Services and Subscription Services, as well as all Content provided by Skin PS (including, without limitation, the Exclusive Content) are each protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Skin PS Brands. All trade names, trademarks and service marks displayed on the Sites, Software, Systems and Subscription Services are the registered or unregistered trademarks of Skin PS Brands, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks or other Skin PS Brands intellectual property displayed on the Sites or in the Services without the prior express written permission of Skin PS Brands.  All rights, title and interest not expressly granted with respect to the Sites and/or Services are reserved by Skin PS Brands. All such Content (including, without limitation, the Exclusive Content) is provided on an “As Is” and “As Available” basis, and Skin PS Brands reserves the right to terminate the permissions granted to you by these Terms of Use and your use of the Sites and/or Services at any time. The Content posted on or through the Website by any person, regardless of that person’s affiliation or non-affiliation with Skin PS Brands, reflect only the opinions of the person posting the Content and not the opinions or views of Skin PS Brands or their affiliates, agents, employees, managers, officers, owners or sponsors. 

  1. Third-Party Sites 

Our Sites and/or Services may contain or provide links to third party websites or resources and/or access to advertisements, contact, materials, products or services of third parties, including, without limitation, users, advertisers, affiliates and sponsors of the Sites and/or Services as well as third-party service providers running Promotions and Social Networks (collectively, “Third-Party Sites”).  Such Third-Party Sites are not owned, endorsed or controlled by Skin PS Brands.  The inclusion of any link or access does not imply an endorsement by us of the Third-Party Sites. 

If we provide links or pointers to other websites or destinations, you should not infer or assume that Skin PS operates, controls, or is otherwise connected with these other websites or destinations.  When you click on a link within the Sites and/or Services, we will not warn you that you have left the Sites and/or Services and are subject to the terms and conditions (including privacy policy) of another website or destination.   In some cases, it may be less obvious than others that you have left the Sites and/or Services and reached another website or destination.  Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions.  These Terms of Use do not govern your use of another website or destination. 

Skin PS Brands is not responsible in any manner for any Third-Party Sites provided on or through the Sites and/or Services or for any changes or updates to such Third-Party Sites. Skin PS Brands has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Third-Party Sites, even if such Third Party Site(s) is operated by a company affiliated or otherwise connected with Skin PS. We do not endorse or warrant the offerings of any of these Third-Party Sites or the entities/individuals that own or operate them. By using the Sites and/or Services, you acknowledge and agree that Skin PS is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Sites. 

Furthermore, Skin PS takes no responsibility for and does not endorse any third party advertisements or any third party material available on the Sites and/or Services, nor do we take any responsibility for the products or services provided by advertisers.  Any dealings you have with advertisers while using the Sites and/or Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that Skin PS is not liable for any loss or claim that you may have against an advertiser.  If you provide any confidential or personal information or engage in any transaction through an advertisement, Skin PS is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.  

You acknowledge and agree that Skin PS Brands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Sites.  YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SITES. 

We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Sites or services that you visit. 

  1. Copyright Policy; Digital Millennium Copyright Act (“DMCA”) 

DMCA Claim 

Skin PS Brands respects the intellectual property rights of others and expect users of the Sites and/or Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, you must contact us with the following information:  

  1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 

 

  1. identification of the copyrighted work claimed to have been infringed;  

 

  1. identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content;  

 

  1. your contact information, including your address, telephone number, and an email address;  

 

  1. a statement by you that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and  

 

  1. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

For notice of claims of copyright or trademark infringement on the Sites and/or Services, please contact us please see Section 38 (“Contact Us”) below. 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 

Submitting a DMCA Counter-Notification 

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received.  If you receive such notice from us, you may provide us with a counter-notification in writing to Skin PS designated agent that includes all of the following information: 

  1. Your physical or electronic signature; 
  1. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 
  1. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 
  1. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 

Termination of Repeat Infringers 

We reserve the right, in our sole discretion, to terminate the Account or access of any user of our Sites and/or Service who is the subject or repeated DMCA or other infringement notifications. 

  1. Monitoring 

Notwithstanding the foregoing or anything herein to the contrary, Skin PS reserves the right to review the Sites and/or Services and to monitor all use of and activity on the Sites and/or Services, and to remove, alter, edit or choose not to make available on or through the Sites and/or Services any Content, in whole or in part, in its sole discretion. We may remove Content that is confidential or proprietary to a third party without that third party’s permission; provided, however, that in no event shall Skin PS Brands be considered a “publisher” or a “speaker,” as defined in Section 230(c) of the Communications Decency Act, codified at 47 U.S.C. §230 et. seq., of any such Content. 

  1. THE SITES AND SERVICES DO NOT PROVIDE MEDICAL ADVICE 

Skin PS is not and shall not be responsible for any healthcare related emergencies and/or treatment. The Content of the Sites and/or Services, including, without limitation, any Exclusive Content, are for informational purposes only.  Neither the Sites nor the Services, or any part thereof, are a substitute for professional healthcare and/or medical advice, diagnosis or treatment and/or services provided by a personal physician or other qualified healthcare provider.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and/or Services, or any part thereof! 

If you think you may have a medical emergency, call your doctor or 911 immediately. Skin PS does not recommend or endorse any specific tests, providers (including, but not limited to, hospitals and physicians), products, procedures, opinions, or other information that may be mentioned on or through the Sites and/or Services, or any part thereof. Any opinions expressed on or through the Sites and/or Services, or any part thereof, are the opinions of the individual author, not of Skin PS Brands. Reliance on any information provided by Skin PS, its employees, others appearing on or through the Sites and/or Services, or any part thereof, at the invitation of Skin PS, or other visitors to the Sites and/or Services, or any part thereof, is solely at your own risk. 

  1. Termination 

We may terminate or suspend your Account and/or terminate or otherwise bar your access to the Sites and/or Services, or any part thereof, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Use. 

If you wish to terminate your Account, you may simply discontinue using the Services. 

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

  1. LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES, SHALL SKIN PS BRANDS, OR ITS SPONSORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS OR SPONSORS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL) ARISING OUT OF OR IN CONNECTION WITH THE SITES AND/OR SERVICES, ITS CONTENT, OR ANY PRODUCTS OR OTHER SERVICES MADE AVAILABLE THROUGH THE  SITES AND/OR SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SITES AND/OR SERVICES, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SKIN PS BRANDS OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SKIN PS BRANDS, ITS SPONSORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS AND SPONSORS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).  

  1. EXPRESS DISCLAIMER OF WARRANTIES 

YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS AT YOUR SOLE RISK. SKIN PS BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SITES AND/OR SERVICES, ANY CONTENT ON THE SITES AND/OR SERVICES, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THE SITES AND/OR SERVICES. THE SITES AND SERVICES AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKIN PS BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKIN PS BRANDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OR THROUGH THE SITES AND/OR SERVICES. 

SKIN PS BRANDS ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS ASSOCIATED WITH THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL BE CORRECTED; C) THE SITES AND/OR SERVICES, OR ANY PART THEREOF, IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SITES AND/OR SERVICES, OR ANY PART THEREOF, WILL MEET YOUR REQUIREMENTS. 

  1. EXCLUSIONS 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF  CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 

  1. INDEMNIFICATION 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SKIN PS BRANDS AND THEIR RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES AND/OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL), OF EVERY KIND AND NATURE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED (COLLECTIVELY REFERRED TO HEREIN AS “CLAIMS”) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS AND/OR USE OF OR RELIANCE ON THE SITES AND/OR SERVICES, OR ANY PART THEREOF, OR ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITES AND/OR SERVICES; (B) YOUR VIOLATION OF THESE TERMS OF USE OR ANY ADDITIONAL RULES, GUIDELINES OR TERMS OF USE POSTED FOR A SPECIFIC AREA OF THE SITES AND/OR SERVICES OR CONTENT PROVIDED ON OR THROUGH THE SITES AND/OR SERVICES; OR (C) YOUR VIOLATION OR INFRINGEMENT OF ANY THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS AND PRIVACY RIGHTS. 

  1. STATUTE OF LIMITATIONS 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES AND/OR SERVICES, OR ANY PART THEREOF, INCLUDING ANY SERVICE PROVIDED BY, ON OR THROUGH THE SITES AND/OR SERVICES, OR THE TERMS OF USE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 

  1. Governing Law and Venue 

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. 

  1. Dispute Resolution; Arbitration of Claims 

Most user concerns can be resolved quickly and to a user satisfaction by contacting us – please see Section 38 (“Contact Us”) below. This Section 30 (this “Arbitration Provision”) facilitates the prompt and efficient resolution of any Disputes (as defined below) that may arise between you and Skin PS.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  You have the right to opt-out of this Arbitration Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. 

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.    

This Arbitration Provision provides that all Disputes (as defined below) between you and Skin PS shall be resolved by binding arbitration. Arbitration replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms of Use constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorney’s fees).For the purposes of this Arbitration Provision and these Terms of Use, the term “Dispute” means any claim, controversy, dispute, lawsuit, action or proceeding arising out of or relating to (i) these Terms of Use (including formation, performance, interpretation or breach of them, and including the scope and enforceability of this Arbitration Provision), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the Class Action Waiver clause below); (ii) the Privacy Policy, which is incorporated in these Terms of Use; (iii) any aspect of our relationship with each other, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence); (iv) any use of and/or access to the Sites and/or Services, or any part thereof; and (v) any products or services sold or distributed on or through the Sites and/or Services.  “Disputes” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. 

WE AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION PROVISION. 

Pre-Arbitration Claim Resolution 

For all Disputes, whether pursued in court or arbitration, you must first give Skin PS an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to Skin PS Brands, 8645 Hayden Place, Culver City, CA 90232, Attn: Legal Department.  That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek.  If Skin PS does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.  

Exclusions from Arbitration/Right to OptOut 

Notwithstanding the above, you or Skin PS may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF USE (the “Opt-Out Deadline”).  You may opt out of this Arbitration Provision by mailing written notification to Skin PS Brands, 8645 Hayden Place, Culver City, CA 90232, Attn: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Skin PS through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Skin PSAny opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.  

Arbitration Procedures 

If this Arbitration Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Skin PS may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration.  All issues shall be for the arbitrator to decide, including the scope of this Arbitration Provision. 

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Arbitration Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration. 

Because the Sites, Services and/or these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. 

Subject to the Pre-Arbitration Claim Resolution section, above, the demand for arbitration shall be made by any party hereto within a reasonable time after the Dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such Dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction 

The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this Arbitration Provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses). 

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law.  Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. 

Location of Arbitration – Rather than force everyone to visit us in California, if you can demonstrate that arbitration in California would create an undue burden to you, you are free to initiate the arbitration in the federal judicial district that includes your billing address. Otherwise, the arbitration hearings will be held in Los Angeles County, California. 

Payment of Arbitration Fees and Costs – Skin PS will pay all arbitration filing fees (unless your claim is for greater than $10,000, in which event you are responsible for paying such filing fees) upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration.  You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys and/or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Skin PS as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator. 

EACH PARTY HERETO IRREVOCABLY WAIVES, TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH ARBITRATION PROCEEDING AND IRREVOCABLY WAIVES ANY CLAIM THAT ANY SUCH ARBITRATION PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.  

Jury Waiver 

TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN THIS PROVISION, YOU AND SKIN PS HEREBY IRREVOCABLY WAIVE ANY RIGHT EITHER OF US MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR ANY DISPUTE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).  

Class Action Waiver 

TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN THIS PROVISION, YOU AND SKIN PS FURTHER AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.  Further, unless both you and Skin PS agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Skin PS specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Sites and/or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above. 

Severability 

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court. 

Continuation  

This Provision shall survive the termination of your service with Skin or its affiliates, including, without limitation, cancellation of your Account and/or membership, if any, with the Sites and/or Services and/or your use of and/or access to the Sites and/or Services.  Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Skin PS makes any change to this Provision (other than a change to the notice address), you may reject any such change and require Skin PS to adhere to the present language in this Provision if a Dispute between us arises. 

If you’re not sure what all of this means, of course please feel free to ask an attorney. 

 

  1. Compliance with Laws 

You shall comply with all applicable law when you use the Sites and/or Services. 

  1. Amendment and Waiver 

Any amendment or modification to these Terms of Use, or waiver of the rights and obligations under these Terms of Use, must be a writing signed by Skin PS Brands or an authorized Skin PS Brands officer. The failure of Skin PS Brands to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Skin PS Brands in writing. 

  1. Assignment 

You may not assign these Terms of Use without Skin PS Brands’ prior written approval. Skin PS Brands may assign these Terms of Use without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Skin PS Brands’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Skin PS Brands or any thirdparty service and/or healthcare provider as a result of these Terms of Use or use of the Sites and/or Services. These Terms of Use shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns.  

  1. Severability 

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect, and the remaining provisions of these Terms of Use will remain in effect.  

  1. Entire Agreement 

These Terms of Use, together with our Privacy Policy and any applicable SaaS Agreement, Subscription Services Agreement and Purchase Terms, set forth the entire understanding and agreement between you and Skin PS Brands and supersede all prior understandings and agreements between you and Skin PS Brands with respect to the subject matter hereof. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, as it relates to the use of confidential information and/or “protected health information,” as that term is defined in Section 160.103 of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No.104-191, the Privacy Policy shall govern on such matters. 

  1. Force Majeure 

Skin PS Brands shall not be liable for delays in performing or failure to perform any obligations herein, for any reason beyond Skin PS Brands’ control, including but not limited to, acts of God, fires, terrorism, strikes, civil tumult, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction, or any other reason. 

  1. Changes 

We reserve the right, in our sole discretion, to modify, update and/or replace these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of our Sites and/or Services. When we change the Terms of Use we will update the Effective Date at the top of this page. Your continued use of our Sites and/or Services after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If you do not agree to the new terms, you are no longer authorized to use the Service. 

  1. Contact Us 

If you have any questions about these Terms of Use, please contact us at [email protected] or call 310-425-8894.