From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. NudiSkin may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that NudiSkin will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
No permission is granted for use the materials, art work, materials, information, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, information, and/or to hyperlink other websites with this website, or to use the materials on your website in any way or for any reason without prior specific authorization from NudiSkin
Use of the Site
The following requirements apply to your use of the NudiSkin Site:
- You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use the Site for any commercial purpose. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit your name, photos, tips, advice, testimonials, essays/stories and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by NudiSkin; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of NudiSkin, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us (if any), or other access to the Site or features therein. NudiSkin may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if NudiSkin deems that you have violated these Terms, the law, or for any other reason. NudiSkin assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
User Comments, Feedback, Posts, and Other Submissions
You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, "Comments") as long as your Comments do not contain any Prohibited Content. "Prohibited Content" means Content that:
· is threatening, defamatory, hateful, harassing, abusive, or obscene;
· violates the right of privacy or right to publicity;
· is false, deceptive, or otherwise misleading;
· infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
· contains any software virus or other malware;
· includes any commercial or political solicitation;
· violates any local, state, or federal law or regulation;
· impersonates another person or entity;
· includes any advertisement, pyramid scheme, or other "spam;" and/or
· is otherwise objectionable or non-family-friendly as determined by NUDISKIN in its sole discretion.
Although NudiSkin cannot monitor all Comments, NudiSkin reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify NudiSkin for all claims resulting from any such Comments. NudiSkin has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
NudiSkin does not claim ownership of any Comment. However, you agree that NudiSkin is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with NudiSkin's (and its successors' and assigns)' business. You grant NudiSkin a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sub-licensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant NudiSkin the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that:
· you own or otherwise control all of the rights to any Comment;
· use of any Comment supplied by you will not violate this Agreement; and
· the Comment will not cause injury to any person or entity.
NudiSkin does not endorse the user content, is not responsible for the user content and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such user content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any user content provided through this site.
NudiSkin.com has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. nudiskin.com does not guarantee that the display of any color will be accurate. NudiSkin offers samples on all products where color is of significant impact to the usability of the product. If for any reason you are unsatisfied with your experience on this Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Site you can return by first obtaining an RMA number. To obtain an RMA number please contact us through our contact page. As we are certain you will understand, we may not provide a refund or an exchange if the products have been opened or used unless such products are defective. Please read our Return Policy for more information about our information collection and use practices.
Representations, and Limitations of Liability
NudiSkin makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. NudiSkin makes no representations regarding the amount of time that any NudiSkin Content or User Content will be preserved.
This site is provided on an "as is, as available" basis. no warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this site or any information or software therein. under no circumstances, including negligence, shall NudiSkin be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this site, nor shall NudiSkin be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond NudiSkin’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this site's records, programs, or services. under no circumstances, including but not limited to a negligent act, will NudiSkin or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the site.
Third Party Websites
The failure of NudiSkin to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of NudiSkin, shall not be deemed a breach of these Terms.
If NudiSkin fails to act with respect to your breach or anyone else's breach on any occasion, NudiSkin is not waiving its right to act with respect to future or similar breaches.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between nudiskin.com and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by nudiskin.com without need of further notice and shall not be part of this Agreement or in any way binding upon nudiskin.com.