These terms and conditions govern your use of this website; by using this website you accept these terms and conditions in full. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND M.M.SKIN INC. If you disagree with these terms and conditions or any part of these terms and conditions, you may not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
LICENSE TO USE WEBSITE
Subject to your compliance with these terms and conditions, M.M.SKIN INC grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: access and use the services on your personal device solely in connection with your use of the service; and access and use any content, information and related materials that may be made available through the services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by and shall remain the property of M.M.SKIN INC and its licensors.
Unless otherwise stated, M.M.SKIN INC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license above, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
RESTRICTIONS ON USE
You may not republish material from this website (including republication on another website).
You may not sell, rent or sub-license material from the website.
You may not show any material from the website in public.
You may not reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
You may not edit or otherwise modify any material on the website.
You may not redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed with our permission.
You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without M.M.SKIN INC’S express written consent.
You may not use this website to transmit or send unsolicited commercial communications.
You may not use this website for any purposes related to marketing without M.M.SKIN INC’S express written consent.
Access to certain areas of this website is restricted. M.M.SKIN INC reserves the right to restrict access to other areas of this website, or indeed this entire website, at M.M.SKIN INC’S discretion.
If M.M.SKIN INC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
M.M.SKIN INC may disable your user ID and password in M.M.SKIN INC sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to M.M.SKIN INC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to M.M.SKIN INC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, may not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or M.M.SKIN INC or a third party (in each case under any applicable law).
You may not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
M.M.SKIN INC reserves the right to edit or remove any material submitted to this website, or stored on M.M.SKIN INC servers, or hosted or published upon this website.
Notwithstanding M.M.SKIN INC’S rights under these terms and conditions in relation to user content, M.M.SKIN INC does not undertake to monitor the submission of such content to, or the publication of such content on this website.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” M.M.SKIN INC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. M.M.SKIN INC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. M.M.SKIN INC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, M.M.SKIN INC DOES NOT WARRANT THAT:
THIS WEBSITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR
THE INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE OR NOT MISLEADING.
NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, LEGAL, FINANCIAL OR MEDICAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Nothing in this disclaimer will exclude or limit any warranty IMPOSED by law that it would be unlawful to exclude or limit.
LIMITATION OF LIABILITY
M.M.SKIN INC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE, EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT OF M.M.SKIN INC, EVEN IF M.M.SKIN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
M.M.SKIN INC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF M.M.SKIN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. M.M.SKIN INC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND M.M.SKIN INC’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS. YOU AGREE THAT M.M.SKIN INC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
By using this website, you agree that the DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY set out in these terms and conditions are reasonable.
If you do not think they are reasonable, you may not use this website.
You accept that, as a limited liability entity, M.M.SKIN INC has an interest in limiting the personal liability of its officers, directors, members, managers, employees, agents, subsidiaries, successors, assigns and sub-contractors. You agree that you will not bring any claim personally against M.M.SKIN INC’S officers, directors, members, managers, employees, agents, subsidiaries, successors, assigns and sub-contractors in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the disclaimer of warranties and limitation of liability set out in these terms and conditions will apply to and protect M.M.SKIN INC’S officers, directors, members, managers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as M.M.SKIN INC.
You hereby agree to indemnify and hold harmless M.M.SKIN INC and its officers, directors, members, managers, employees, agents, subsidiaries, successors, assigns and sub-contractors, and undertake to keep M.M.SKIN INC and its officers, directors, members, managers, employees, agents, subsidiaries, successors, assigns and sub-contractors, harmless and indemnified against any losses, damages, costs, liabilities and expenses including but not limited to reasonable attorneys’ fees and expenses, incurred or suffered by M.M.SKIN INC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to M.M.SKIN INC’S other rights under these terms and conditions, if you breach these terms and conditions in any way, M.M.SKIN INC may take such action as M.M.SKIN INC deems appropriate to deal with the breach, including suspending your