Terms of Service

Terms of Use

These Terms of Use were last updated on January 27, 2010.

By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review these terms of use carefully. If you do not agree with the included terms of use, you should navigate away from this site. The terms "Soft Touch," or "us" or "we" or "our" refers to Soft Touch, the owner of this website. The terms "you" and “user” refer to the anyone who views the content of our website.

As you browse through this website, you may access other websites that are subject to different Terms of Use. When you use those sites, you will be legally bound by the specific Terms of Use posted on those such sites. If there is a conflict between these Terms of Use and those Terms of Use as described by the other website, the other Terms of Use will govern with respect to use of such pages on those websites.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use agreement ("Agreement") with respect to our website. This agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, its contents, products or services provided, and the subject matter of this agreement. This agreement may be amended at any time by us from time to time without specific notice to you. Changes to our Terms of Use will be posted at www.skincarera.com under the heading of Terms of Use, and you should review this agreement prior to viewing our site. Your use of the website after any changes to the Terms of Use have been made constitutes your agreement to the modified Terms of Use and all of the changes.

Copyright

The content, organization, graphics, design, compilation, translation, conversion and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this website, except as allowed in section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials through viewing this website. The posting of information or materials on this website does not constitute a waiver of any rights by the writers in any way. Some of the content of this site is the copyrighted work of a third party. Any unauthorized uses of these materials or any of the content is strictly prohibited by this Terms of Use agreement.

Service Marks

Skincarera.com and others are our service marks or registered trademarks. Other products, material, content, company names and items referred to as “Other Content” mentioned in the website may be trademarks of their respective owners. Use of Other Content may be governed by other restrictions.

Limited License; Permitted Uses

You are granted a non-exclusive license (a) to access and view this website strictly in accordance with the Terms of Use agreement; (b) to use this site solely for its intended purpose and (c) to print out discrete and sensitive information from the website solely for your personal use. No print out or electronic version of any part of this website may be used by you in any litigation or arbitration matter whatsoever under any circumstances. The contents of the website made accessible by Soft Touch on this website, including, but not limited to, the opinions of Soft Touch, text, data, reports, images, photos, graphics, graphs, charts, animations and video (the “Content”), may be used for your personal and individual use. You may not use the website for any unlawful purpose. You shall honor all reasonable requests by Soft Touch to protect Soft Touch proprietary interests in the website.

Note: Use of the Content on this website is periodically monitored to assure compliance with these Terms of Use. Soft Touch reserves the right to discontinue access to this website either with or without notice if Soft Touch has a reasonable basis to believe that a user is accessing content in violation of these Terms of Use.

Restrictions and Prohibitions on Use

Your license for access and use of this website and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use:

You may not (a) copy, print (except for the express limited purpose permitted in section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available all or any portion of this website or any content and materials retrieved there from; (b) use the website or any of the materials obtained from the website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including sale, license, lease, rental, subscription or any other commercial distribution mechanism.

Anti-Hacking Provision

You expressly agree not to:

  • use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site, any data or Content found on or accessed through the Web Site or any Other Content without the prior express written consent of Soft Touch;
  • obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
  • violate the restrictions in any robot inclusion headers on this Web Site or in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its Content;
  • violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any Soft Touch server, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
  • take or attempt any action that, in the sole discretion of Soft Touch, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or Soft Touch infrastructure.

Registration

As part of the registration process, you must select a password and provide Soft Touch with accurate, complete and updated information. Failure to do so constitutes a breach of this Terms of Use, which may result in immediate termination of your access to the website. Please see our Privacy Policy for information regarding how this information will be used and maintained.

Limitations of Soft Touch Warranties and Liabilities

You, the user, are entirely liable for your activities conducted by you or anyone else in connection with your use and browsing of the website. If you are dissatisfied with the website or the Terms of Use, your sole and exclusive remedy is to stop using the website. Soft Touch will not pay you any damages in connection with your browsing of this website.

Due to the number of sources from which the Content and Other Content are obtained for this website, and the potential hazards of electronic distribution, there may be delays, omissions and/or inaccuracies in the website. Therefore, this website is provided to the user “as is,” without any warranties. Soft Touch makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the website, nor any of the material that may be accessed (via a direct or indirect hyperlink or otherwise) through the website. Soft Touch hereby disclaims any and all warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose and of noninfringement. Soft Touch shall not be liable to the user or anyone else for any inaccuracy, delay, interruption of service, error or omission, regardless of cause, or for any damages resulting therefore. In no event will Soft Touch nor any of their third party licensors be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of this website. Neither Soft Touch nor any of affiliates, agents of licensors will be liable to you or anyone else for any loss or injury resulting from the use of this website, in whole or part, whether caused by negligence, contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the website. In no event will Soft Touch its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on the website.

Links to other websites from this website

You may, through hypertext or other computer links, gain access to websites operated by persons other than Soft Touch. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that Soft Touch is not responsible for the content or operation of such websites, and that Soft Touch shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this website to another website does not imply or mean that Soft Touch endorses the content on that website or the operator or operations of that website. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from this website. Soft Touch assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

Timeliness of Content

The Content displayed on the website, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice. Soft Touch does not guarantee or warrant the accuracy, timeliness, or completeness of any information you access using the website.

User Generated Content

The User grants to Soft Touch the non-exclusive right to use all material entered into the website by the User (other than third-party material transmitted through private electronic mail) in any of Soft Touch print or electronic publications.

Users entering material into the website are responsible for the content of that material. Soft Touch has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Soft Touch website. However, Soft Touch retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Soft Touch deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the Soft Touch website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Soft Touch

The User agrees to indemnify Soft Touch from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Soft Touch, their affiliates, employees, and authorized representatives may incur as a result of either: (a) the User's breach of this Agreement; or (b) material entered into the Soft Touch website with the use of the User's screen name or password.

Additional Legal Terms

This Agreement will continue until terminated by either Soft Touch or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.

Soft Touch may discontinue or change the Soft Touch website, or its availability to you, at any time.

This Agreement along with our Privacy Policy constitute the entire agreement between the parties relating to the website and supersedes any and all other agreements, oral or in writing, with respect to the website. The failure of Soft Touch to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State. All rights not expressly granted herein are reserved.

 
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