This Site at freshfacedskincare.com is fully controlled and operated by Fresh Faced Skin Care LLC (“Fresh Faced Skin Care”) By accessing and using this Site, you are hereby agreeing to be legally bound by the Agreement. If you do not agree with all of the following terms of the Agreement, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter the Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Agreement periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Agreement.
ELIGIBILITY FOR USE
If you are under 13 years of age then please do not use or access the Site at any time or in any manner, or submit any information to the Site.
Your use of the Site will comply fully with all laws, rules and regulations applicable to this Agreement. The following requirements and other provisions of the Agreement will not limit the generality of this requirement:
(1) if you choose to provide us with information, it will be true and up-to-date;
(2) you will not impersonate another person while using this Site;
(3) you will not email or otherwise send to us any material that:
a. contains viruses, bugs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b. infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity;
c. unless you have our written permission, promotes or endorses any company or person, any product or service, or any charitable cause;
d. refers to a URL of a website that competes with the Site or that contains, depicts, or promotes illegal content, materials or activities;
e. requests personally identifiable information; or
f. is abusive, illegal, libelous, defamatory, obscene, threatening or otherwise unacceptable to us, in our sole discretion.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, stories, exercises, recipes, or other copyrightable elements—including the selection, arrangements and “look and feel” thereof—and trademarks, service marks and trade names (the “Material”) are the property of Fresh Faced Skin Care and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Fresh Faced Skin Care. Use of Fresh Faced Skin Care’s and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
To the extent that portions of this Site provide users an opportunity to post opinions (the “Reviews”), please be advised that Reviews do not necessarily reflect the views of Fresh Faced Skin Care. In no event shall Fresh Faced Skin Care assume or have any responsibility or liability for any Reviews or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Reviews you provide and all information they contain and that such Reviews shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Fresh Faced Skin Care to use, and authorize others to use, your Reviews in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature.
Without limiting the foregoing, Fresh Faced Skin Care will have the right to use and change the Reviews in any manner that Fresh Faced Skin Care may determine. Additionally, Fresh Faced Skin Care may sweep its Reviews periodically in its sole discretion and reserves the right to refuse to post, edit, or delete messages that violate these rules, as well as revoke the privileges of users who do not comply with such rules. Fresh Faced Skin Care does not allow Reviews that contain:
- Private or personal information which might identify a user;
- Profanity or obscenities
- Personal attacks on other individuals
- Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
- other information that Fresh Faced deems in its sole discretion to be inappropriate for this Site.
The Reviews may be used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Reviews) violates any of the terms of this Agreement please send us a message about it to email@example.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FRESH FACED SKIN CARE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRESH FACED SKIN CARE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY FRESH FACED SKIN CARE OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FRESH FACED SKIN CARE’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site–and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware—short for MALicious softWARE—is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at firstname.lastname@example.org.
You agree to indemnify, defend and hold harmless Fresh Faced Skin Care, its subsidiaries, affiliates, assigns and licensors, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. Fresh Faced Skin Care reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Fresh Faced Skin Care in asserting any available defenses.
APPLICABLE LAW, VENUE, JURISDICTION
The Agreement and the relationship between you and Fresh Faced Skin Care shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State of Delaware and County of New Castle. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Fresh Faced Skin Care operates and controls this Site from its offices at Fresh Faced Skin Care LLC, 204 A Delaware Street, New Castle, DE 19720. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
Fresh Faced Skin Care respects the intellectual property of others, and we ask users of our Site to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This Agreement was last updated on June 17, 2020.