This is an agreement between You and SkinBodies. Please read these SkinBodies Terms of Use, the Privacy Notice, the Conditions of Use, and the other applicable rules, policies, and terms before using the SkinBodies Services on a Product. By using the SkinBodies Services, you agree to be bound by the terms of this Agreement on behalf of yourself and all members of your household and others who use SkinBodies Services under your account. If you do not accept the terms of this Agreement, then you may not use the SkinBodies Services and you may return your Product in accordance with any applicable return policy. Your use of any of the SkinBodies Services is subject to any additional rules, policies, and terms that apply to those SkinBodies Services.

For the purpose of these SkinBodies Services Terms of Use:

“SkinBodies Services” means the provision of SkinBodies Software, Digital Content, and support and other services that we provide Product users.

“SkinBodies Software” means all software we make available to you for use on a Product, but excludes third-party Digital Content.

“Digital Content” means digitized content (including third-party content), such as videos, music, apps, games, skills, photos, audio, books, newspapers, magazines, and related features and functionality.

General

1. Information Received. The SkinBodies Website may provide us with information about your Product, use of the Product, and use of Digital Content, other content, and the SkinBodies Services (such as search queries, installed applications, viewing and usage data, available memory, log files, network diagnostics, voice information, and connectivity). Manufacturers of your Product may also provide us with similar information. Information provided to SkinBodies may be processed in the cloud to improve your experience and our services, and may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Privacy Notice. Please visit the Settings menu of your Product if you prefer to opt out of providing certain information.
2. Information Provided To Others. You are responsible for any information you provide to others, including third-party Digital Content providers. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
3. Changes to SkinBodies Services; Amendments. We may change, suspend, or discontinue the SkinBodies Services, or any part of them, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the SkinBodies.com website. Your continued use of SkinBodies Services after the effective date of the revised Agreement constitutes your acceptance of the terms.
4. Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, SkinBodies may immediately revoke your access to the SkinBodies Services. SkinBodies’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
5. Disputes. Any dispute or claim arising from or relating to this Agreement, a Product, the SkinBodies Software, or the SkinBodies Services is subject to the dispute resolution, governing law, disclaimer of warranties, limitation of liability, and all other terms in the SkinBodies.com
6. Disclaimer of Warranties and Limitation of Liability. Products are developed and manufactured by third parties, and we have no responsibility or liability for any aspect of Products except the SkinBodies Services. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the SkinBodies.com unless otherwise required by applicable law, in no event will our or our licensors’ aggregate liability with respect to any claim arising from or related to this Agreement or your use of the SkinBodies Services exceed fifty dollars ($50.00).
7. Contact Information.For help with the SkinBodies Services, Digital Content, SkinBodies Software or resolving other related issues, please contact Customer Service at SkinBodies.com/contact-us/.

Conditions of Use

Welcome to SkinBodies.com. When you visit or shop at SkinBodies.com, use SkinBodies products or services, use SkinBodies applications for mobile, or use software provided by SkinBodies in connection with any of the foregoing (collectively, ” SkinBodies Services”). By using the SkinBodies Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

We offer a wide range of SkinBodies Services, and sometimes additional terms may apply. When you use a SkinBodies Service (for example, Your Profile, Gift Cards, SkinBodies Video, Your Media Library, SkinBodies devices, or SkinBodies applications) you also will be subject to the guidelines, terms, and agreements applicable to that SkinBodies Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of SkinBodies Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use SkinBodies Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other SkinBodies Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any SkinBodies Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SkinBodies or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any SkinBodies Service is the exclusive property of SkinBodies and protected by U.S. and international copyright laws.

PATENTS

One or more patents owned by SkinBodies apply to the SkinBodies Services and to the features and services accessible via the SkinBodies Services. Portions of the SkinBodies Services operate under the license of one or more patents. Click here to see a non-exhaustive list of applicable SkinBodies patents and applicable licensed patents.

YOUR ACCOUNT

You may need your own SkinBodies account to use certain SkinBodies Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. SkinBodies does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use SkinBodies Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their SkinBodies Household. Alcohol listings on SkinBodies are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. SkinBodies reserves the right to refuse service, terminate accounts, terminate your rights to use SkinBodies Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SkinBodies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SkinBodies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SkinBodies and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SkinBodies for all claims resulting from content you supply. SkinBodies has the right but not the obligation to monitor and edit or remove any activity or content. SkinBodies takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

SkinBodies respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement

RISK OF LOSS

All purchases of physical items from SkinBodies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

SkinBodies does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, SkinBodies does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.

PRODUCT DESCRIPTIONS

SkinBodies attempts to be as accurate as possible. However, SkinBodies does not warrant those product descriptions or other content of any SkinBodies Service is accurate, complete, reliable, current, or error-free. If a product offered by SkinBodies itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Amazon and other retailers. Certain products may have a “Was Price” displayed, which is determined using the recent price history of the product on Amazon.

With respect to items sold by Amazon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Amazon is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SKINBODIES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKINBODIES SERVICES ARE PROVIDED BY SKINBODIES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SKINBODIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SKINBODIES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKINBODIES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SKINBODIES SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SKINBODIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SKINBODIES DOES NOT WARRANT THAT THE SKINBODIES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKINBODIES SERVICES, SKINBODIES SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SKINBODIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SKINBODIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SKINBODIES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SKINBODIES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any SkinBodies Service will be adjudicated in the state or federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any SkinBodies Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SkinBodies.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of SkinBodies Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.