This is a summary only. For our complete Terms and Conditions, click here. Please note that while our terms and conditions may change from time to time, you will always find the most recent version here.
No Medical Advice. We are not physicians and we do not give medical advice on our Site. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding any medical condition.
You control who sees your photos. skinfoto is designed to provide a private, secure place for you to store your photos. Only if you post, or allow us to post, your photos to a public area will others be able to see your photos.
Rules of Conduct. By using the skinfoto website, you are agreeing to abide by our Rules of Conduct and not to post any photographs, or comment on material, that others may find offensive, hurtful, threatening or in violation of any law.
Age: You must be at least 13 years of age to sign-up for skinfoto.
To read the complete skinfoto Terms and Conditions, please see below.
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
We may change and/or update these Terms and Conditions at any time by posting the updates on the Site, and the changes will be effective immediately upon posting new Terms and Conditions. Your continued use of the Site will mean you agree to those changes.
NO MEDICAL ADVICE
We do not give medical advice on our Site, and you should not rely on any of the information on our Site as if it were personal medical advice. The contents of the Site, such as text, graphics, images, and information and material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be, and is not, a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding any medical condition. You should never disregard professional medical advice or delay seeking it because of something you have read or seen on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. SOS does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Content on the Site is being provided "as is" and reliance on any information provided by SOS, SOS employees, others appearing on the Site at the invitation of SOS, or other visitors to the Site is solely at your own risk.
Your use of the Site does not grant you any ownership or title in or to or license to use any Content. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with SOS or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or be terminated without notice in the sole discretion of SOS. All rights not expressly granted herein are reserved to SOS and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.
DISCLAIMER OF WARRANTIES
THE CONTENT AND SERVICES PROVIDED ON THE SITE ARE "AS IS" AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of SOS. Accordingly, SOS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the content are provided on an "as is" basis. SOS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, SOS, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
2. The satisfaction of any government regulations requiring disclosure of information on products or the approval or compliance of any software tools with regard to the Content contained on the Site.
LIMIT ON LIABILITY
IN NO EVENT SHALL SOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON OR SERVICING THE SITE ("SOS PROTECTED ENTITIES"), BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR OTHER DAMAGES) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, INCLUDING RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION OR FROM YOUR SUBMISSION OF INFORMATION TO THE SOS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SOS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON OR SERVICING THE SITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR PUBLIC AREAS OF THE SITE.
While we make an effort to keep the Site up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, internet traffic or any other failure of any nature.
Any claims arising in connection with your use of the Site, any Content, or the public areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
NO USE OF SITE BY CHILDREN
This Site is not intended or designed to attract or directed at children under the age of 13. We do not knowingly collect personally identifiable information from any person we know is a child under the age of 13. Please do not register at or use this Site if you are under the age of 13.
USER INFORMATION; SUBMITTED MATERIALS
You agree that you will not upload, email or transmit to the Site or SOS any communications or content of any type that infringe or violate any rights of any party.
We seek to have reasonable security measures in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect personal information about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with our Site or that is stored by us. You acknowledge and agree that any information you transmit through our Site or upload for storage in connection with our Site is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us either directly through the Site or in accordance with the Section below entitled "Contact Us" (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
If you make any submission, or allow us to submit or post any of your material or information, to a public area of the Site, you understand that such information is not confidential, and you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-SOS the right to display such information.. If you wish to keep any images, information, ideas, or concepts private or proprietary, do not submit them to, or allow us to submit them to, the public areas of the Site.
SkinFoto does not claim ownership of Content you submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, you grant SkinFoto and SOS the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site solely for the purposes of providing and promoting the specific condition for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Site and will terminate at the time you remove or we remove such Content from the Site.
2. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Site and will terminate at the time you remove or we remove such Content from the Site.
You agree to only post or upload media (like photos) that you own, have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading images of other people is strictly prohibited.
We may disclose your personal information in the following situations as we believe to be appropriate, even though you might have requested that we do not share your information: (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests, including requests from law enforcement and regulatory authorities; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of SOS, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
SOS has tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SOS passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your SOS account and password; (3) promptly inform SOS of any need to deactivate a password. You grant SOS and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. SOS cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using SOS tools and services.
RULES OF CONDUCT
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SkinFoto or SOS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. SkinFoto does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SkinFoto or SOS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
When accessing or using the Site, you agree that, in addition to any other terms, rules or guidelines that may be included in these Terms and Conditions or elsewhere on the Site, you agree that you will not undertake the following actions, each of which shall constitute a material breach of these Terms and Conditions:
· Using this Site for any purpose in violation of local, state, national, or international laws;
· Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
· Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SOS in its sole discretion;
· Posting altered, deceptive, or false source-identifying information;
· Using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
· Interfering with the access of any user of the Site, host or network to the Site;
· Using any information obtained from the Site in order to harass, abuse, or harm another person or entity;
· Attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures;
· Posting advertisements or solicitations of business, including embedded links to such posts or solicitations;
· Posting chain letters or pyramid schemes or materials with embedded links to such letters or schemes;
· Impersonating another person or misrepresenting your affiliation with any person or entity;
· Harvesting or otherwise collecting information about Site users, including email addresses or other personal information, without authorization;
· Allowing any other person or entity to use your identification for posting or viewing comments;
· Posting the same note more than once or "spamming"; or
· Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of SOS, exposes SOS or any of its customers, servicers or suppliers to any liability, loss or damage of any type.
SOS reserves the right (but is not obligated) to do any or all of the following:
· Investigate an allegation that any Content uploaded to the Site does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of Content;
· Remove Content that is abusive, illegal, or disruptive with or without prior notice or explanation, and without liability, for any or no reason, or that otherwise fail to conform with these Terms and Conditions;
· Terminate a user's access to the Site upon any breach of these Terms and Conditions;
· Edit or delete any content posted on the Site, regardless of whether such content violates these standards;
· SOS, its servicers or licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities, advertisements, searches, and links to other sites.
THIRD PARTY WEBSITES
You agree to defend, indemnify, and hold SOS Protected Entities harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of any of these Terms and Conditions, your use of the Site or the Content.
SOS is based in and has its principal offices in Atlanta, Georgia. SOS makes no claims that skinfoto.com and/or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with SOS, or in any way relating to your use of the Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in Gwinnett County in connection with any such dispute including any claim involving SOS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, servicers and/or content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles that may dictate the application of the laws of another jurisdiction. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us either directly through the Site or by using the information in the "Contact Us" Section below, and providing the following information:
· Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
· Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
· Your name, address, telephone number and (if available) e-mail address;
· A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
· A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf;
· A signature or the electronic equivalent from the copyright holder or authorized representative.
SURVIVAL OF CERTAIN TERMS
Even if you close your account or no longer access or use the Site, you will still be responsible for indemnifying us for breaches that took place while you used the Site. Obligations you owed to us and users of the Site which by their nature are intended to survive closing or termination will survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimer of Warranties, Limit on Liability, User Information; Submitted Materials, Indemnification, and Jurisdictional Issue
Questions and/or comments regarding this website should be submitted via U.S. mail to: skinfoto.com, c/o SOS Brands, Inc., 1100 Satellite Blvd., Suwanee, GA, 30024.