Website Terms & Conditions

Terms and Conditions of Use

The following terms (“Terms of Use”) constitute an agreement between SKINCARE + Cocktails a Washington state-based business, and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to SKINCARE + Cocktails https://www.skincareandcocktails.com and is governed by the Terms of Conditions located here:

Your use of the Website constitutes your acceptance of, and agreement to the following Terms of Use. SKINCARE + Cocktails reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use at any time in SKINCARE + Cocktails’ sole discretion. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

Privacy

Our Privacy Policy is available for review and acceptance of the Privacy Policy is incorporated herein as part of the Terms of Use.

Use of the Website

Unless otherwise stated, SKINCARE + Cocktails owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental, or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.

From time to time, the Websites will utilize various plugins or widgets to allow the sharing of content via social media channels, email, or other methods. The use of these plugins or widgets does not constitute any waiver of SKINCARE + Cocktails’ intellectual property rights. Such use is a limited license to republish the content, with full credit to SKINCARE + Cocktails.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Websites without SKINCARE + Cocktails’ express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without SKINCARE + Cocktails’ express written permission.

Affiliate Programs

From time to time, the Website participates in affiliate marketing. This means that when you use an affiliate link to make a purchase, SKINCARE + Cocktails will receive a commission. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

SKINCARE + Cocktails is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

Copyright

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by SKINCARE + Cocktails or third parties and are protected by the United States and international copyright laws.

From time to time, SKINCARE + Cocktails publishes content submitted by third parties for publication on the Website. All submissions are governed by the terms located here. By submitting the material for publication on the Website, SKINCARE + Cocktails has received a non-exclusive license to display the content. SKINCARE + Cocktails makes no claims to ownership of these copyrights and uses its best efforts to ensure proper attribution of all submitted content.

Trademarks

From time to time, the Website will legally utilize trademarks owned by third parties related to SKINCARE + Cocktails’ services. These trademarks are the respective property of their owners.

User Submissions

SKINCARE + Cocktails accepts submissions from its users for publication on the Websites. All submissions are governed by the terms located here. Users submitting content represent and warrant that the User has the full right to grant SKINCARE + Cocktails the license to display and promote the submitted content. If you dispute a user’s right to submit content that has been published on the Website, please contact hello@skincareandcocktails.com with details regarding your claim.

Grant of Rights

You grant SKINCARE + Cocktails, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, video material, and audio-visual material. This license extends to all known and future media. You also grant SKINCARE + Cocktails the right to sub-license these rights and the right to bring an action for infringement of these rights.

Prohibited Content

Any content you contribute to the site, including, but not limited to text, images, audio material, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SKINCARE + Cocktails or a third party. SKINCARE + Cocktails reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on SKINCARE + Cocktails’ servers; or, (iii) hosted or published on the Website. SKINCARE + Cocktails’ takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding SKINCARE + Cocktails’ rights under the Terms of Use, SKINCARE + Cocktails does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Communication – Electronic Notice

If you send SKINCARE + Cocktails an email, register to use the Website, or provide your email to SKINCARE + Cocktails in any other way, you consent to receive communications from SKINCARE + Cocktails electronically. You agree that all legal notices provided via electronic means from SKINCARE + Cocktails satisfy any requirement for written notice.

Third Parties

The Website contains links to third-party websites that are not governed or controlled by SKINCARE + Cocktails. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. SKINCARE + Cocktails assumes no control or liability over the content of any third-party sites. You expressly hold harmless SKINCARE + Cocktails from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold SKINCARE + Cocktails harmless from any and all liability in any dispute.

No Warranties

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. SKINCARE + Cocktails makes no representations or warranties in relation to the Website or the information and materials provided therein.

SKINCARE + Cocktails makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. SKINCARE + Cocktails is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.

Limitation of Liability

SKINCARE + COCKTAILS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Legal Disclaimer

From time to time, the Website may discuss topics of a legal nature. This information is not advice and should not be treated as legal advice. The legal information provided on the Websites is provided “as is” without any representations or warranties, express or implied. SKINCARE + Cocktails makes no representations or warranties in relation to the legal information on the Websites.

You must not rely on the information on the Website as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information on the Websites. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any information provided on the Website.

Medical Disclaimer

From time to time, the Website may discuss topics related to health, fitness, nutrition, medicine, or law. This information is not advice and should not be treated as medical or legal advice. The medical or legal information provided on the Website is provided “as is” without any representations or warranties, express or implied. SKINCARE + Cocktails makes no representations or warranties in relation to the medical information on the Website.
You must not rely on the information on the Website as an alternative to advice from your medical professional, healthcare provider, or lawyer. You should never delay seeking medical or legal advice, disregard medical or legal advice or discontinue medical treatment as a result of any information provided on the Website.

Any information obtained on this website is for informational purposes only. All participants giving testimonials utilized the TréSkin ADVANCED Skin Care products. Individual results can and will vary. These testimonials are not intended to make claims that these products can be used to diagnose, treat, cure, mitigate, or prevent any disease. These claims have not been clinically proven or evaluated by the FDA. As always consult with your doctor or dermatologist to address any skin disease or issues.

Indemnity

You agree to defend, indemnify and hold SKINCARE + Cocktails, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which SKINCARE + Cocktails suffers as a result of third-party claims based on (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of Washington. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Olympia, Washington. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. if a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without SKINCARE + Cocktails prior written consent, however, the Terms of Use may be assigned by SKINCARE + Cocktails in its sole discretion. The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by SKINCARE + Cocktails. All notices with respect to the Terms of Use must be in writing and may be via email to hello@skincareandcocktails.com for SKINCARE + Cocktails and to your email address.

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