Last updated: March 31, 2020
This website is operated by My Acne Scars. Throughout the site, the terms “we”, “us” and “our” refer to My Acne Scars. My Acne Scars offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE SITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 REGISTRATION
a) Website Visitors
Registration is not required for Visitors. Visitors may access the products posted on our Website freely. However, they are bound by our TOU.
b) Registered Users
Once we receive your registration application, we will create an account (“Account”) for you and we will e-mail you a link to activate your account. Once you complete activation, you will be able to start using our Services.’
Each Account is personal and nontransferable. Your rights and obligations to My Acne Scars are nontransferable either. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify My Acne Scars at firstname.lastname@example.org regarding any unauthorized uses of your Account or any other breaches of security. My Acne Scars will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
To prevent fraud and abuse, Users are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the My Acne Scars community shall be disabled. Mass account creation may result in disabling of all the related Accounts.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, user of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 – AFFILIATE PROGRAM
My Acne Scars offers an Affiliate Program for Users, Visitors or Customers who would like to promote our Services in exchange for a commission fee.
Registration is required for our Affiliate Program. During registration, we collect the following information from you:
Your full name
Your PayPal payment e-mail
Your website url
We will create an Account for you pursuant to par. 2 of these TOU.
You may also log in to our Affiliate Program via your existing My Acne Scars Account.
You shall have access to an online dashboard (“Dashboard”) in your Account, where you will be able to track your referrals, their amount, status, and date. We shall update the Dashboard regularly.
As soon as we approve your registration, you shall be paid a commission fee of 15% of the net proceeds (less applicable taxes and transaction costs) from each new Customer’s registration that you refer to us. Payment shall take place on the last date of each month.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
While My Acne Scars aims to provide unbiased editorials we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may sell these products within our stores, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation. My Acne Scars is a participant in a number of affiliate advertising programs. For instance, we participate 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.
SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any My Acne Scars any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – LICENSE
Your use of the Member Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Member Services and all rights, title, and interest in the Member Services (including any content offered through the Member Services) not expressly granted to you in these Terms are reserved by My Acne Scars and its licensors. If My Acne Scars reasonably determines that you violated any part of the Membership Terms of Service, your rights under this Section will immediately terminate and My Acne Scars may terminate your access to the Member Services and/or your My Acne Scars account without notice and without refund to you.
Restrictions. When you use the Member Services, you may not (or attempt to):
use any part of the Member Services in an illegal manner or for any illegal purpose; share your My Acne Scars account password with someone else to allow them to access any part of the Member Services that such person did not order; copy, sell, rent, or sublicense the Member Services to any third party; circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that My Acne Scars or any third-party uses to protect the Member Services or encourage or help anyone else to do so;
access the Member Service other than by means authorized by My Acne Scars, or remove any legal notices or labels on Member Services;
present any false, inaccurate, or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Acne Scars, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Acne Scars and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with U.S. laws.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
CLIENT-CONSULTANT CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
This Confidentiality and Non-Disclosure Agreement (“Agreement”) is made
BETWEEN: My Acne Scars
AND: [the Client]
DESCRIPTION OF THE NATURE OF THE ENGAGEMENT/SCOPE OF WORK;
and in connection there with will be given access to certain confidential and proprietary information; and WHEREAS, the Client and the Consultant wish to evidence by this Agreement the manner in which said confidential and proprietary information will be treated, NOW, THEREFORE, it is agreed as follows:
Confidential Information and Use
For all purposes of this Agreement, the term “Confidential Information” or “Trade Secret” shall include any and all information and the fruits thereof which is produced from My Acne Scars. The Confidential Information may be oral, written and/or stored in any medium or manner whatsoever, including but not limited to magnetic disks, e-mails, recordings, etc. Such information may be technical or scientific, or relate to business matters such as scar consulting, scar plans, scar questions, scar treatments, scar devices, scar questions, or any correspondence.
The Client may claim that the Confidential Information is not truly confidential in that it was previously known to Client or disclosed to Client by Third Parties not under contractual obligation to My Acne Scars to keep said information confidential or already known by the general public, but Client shall have the burden of proving that such is the case. As to technical or scientific matters, such proof must be in writings created prior to the Clients access to Confidential Information and dated accordingly with express permission – any any all information is considered proprietary and confidential.
The Client agrees that Confidential Information is of extreme value to My Acne Scars and would cause irreparable harm to My Acne Scars if disclosed to other persons, or if utilized by The Client or their agents for is prohibited and unauthorized purposes.
The Client and Contractor have or may enter into a business connection for their possible mutual benefit. Part of that relationship may require access to confidential information and this Agreement shall provide for the protection of such information. This Agreement is to be independently enforceable, but it is to be interpreted in accordance with the terms of any other Agreement between the Parties with the understanding that protection of confidential information is an absolute priority of the Parties.
Should The Contractor disclose to Client trade secrets or confidential information as defined herein, all such information and the fruits thereof shall be subject to the protection of this Agreement.
The consultant acknowledges that all information exchange, documentation received and shared from the Consultant and information produced by the Consultant (“Proprietary Information”) are confidential and proprietary to the Consultant; and the Client agrees to use reasonable care, the same being not less than to protect the Consultant’s own proprietary information, to safeguard the Proprietary Information to prevent the unauthorized use or disclosure thereof. Any and all information shared, produced, or customized for the Client is the property of My Acne Scars. IF the client wish to share information they must seek approval & consent from the Consultant.
The Client shall disclose or give access to Proprietary Information only to such persons having a need-to-know connection with the Consultant’s engagement and for use in connection therewith; and similarly the Consultant shall treat all information obtained during the course of engagement as confidential and disclose or share that information only with such persons having a need-to-know (including My Acne Scars Board of Directors) connection with the subject matter of the engagement.
The Client shall have no proprietary interest in the work product developed during the course of its engagement and expressly assigns all rights to copyrights, patents, trade secrets or other proprietary rights to the Consultant.
No waiver by any party of any default or condition hereunder shall operate as a waiver of any other default or condition or of the same default or condition on a future occasion.
Any copies or reproductions of the Proprietary Information shall bear the copyright or proprietary notices contained in the original. Any and all information shared, produced, or customized for the Client is the property of My Acne Scars.
All information imparted shall be kept strictly confidential and may not be used or disclosed in any form or in any manner, whether directly or indirectly, to or by any person or persons without prior written consent of My Acne Scars. Upon the termination of the relationship with My Acne Scars the Client shall not utilize the information for any purpose whatsoever, either directly or indirectly, nor reveal the information directly or indirectly, to any third person. The Client shall destroy or return to My Acne Scars all Information previously delivered to the Client, as well as any copies, outlines, summaries, abstracts, or work product of any type and in any form deriving from such information.
No Client or agent of the Client shall have access to such Confidential Information without the prior written consent of My Acne Scars. Any Client wanting access to such information shall be bound by its terms.
Should a competing product or information source be created based wholly or in part on Confidential Information supplied hereunder, Company shall be entitled to all control & ownership of information & it’s proceeds for all time. My Acne Scars has all rights to information, property, and consulting services. Any questions or negotiation should be handled officially by My Acne Scars or it is used illegally.
Deletion from Social Media or Messaging Services and Forums/ Communities
My Acne Scars may request it’s information deleted for any and all reason with no question from Social Media, Messaging Services, Forums, Communities, and Electronic Sharing. All information is proprietary and confidential as agreed by the Client who clicks “I Agree” when consulting services are procured. See the above sections which cover any and all information between the Client, and My Acne Scars.
Any and all disputes relating to this Agreement or its breach shall be settled by emailing My Acne Scars.
The Client shall, upon termination of the relationship with the Consultant destroy or delete any and all Proprietary Information, including any copies or reproductions thereof in the Consultant’s possession or control. Any and all information shared, produced, or customized for the Client is the property of My Acne Scars.
This Agreement constitutes the entire agreement concerning the subject between the parties and supersedes all prior and contemporaneous agreements between the parties unless said other Agreement specifically refers to this Agreement and is executed by both Parties. This Agreement may only be amended, revoked, modified or otherwise altered only by an instrument in writing signed by all parties.
The parties agree that the information imparted hereunder is of a special, unique, and extraordinary character and the loss of exclusive use of such information could not be reasonably compensated in any action at law. Contractor therefore agrees that Company in addition to any other rights or remedies available by law, shall be entitled to injunctive relief, and such injunctive relief may be granted by a duly appointed Arbitrator or Court.
It is further agreed that the information included under this Agreement includes not just the direct use of said information, but all developments, improvements, additions, and extensions to such information and includes business strategies and market analysis.
How The Client Agrees
By Consulting (clicking “I agree” when a donation or email correspondence is made) with My Acne Scars (“Consultant”) the client agrees to all of the above terms. IF there is not agreement the Client will contact My Acne Scars to terminate the relationship immediately.