Terms & Conditions
Thank you for visiting www.aquamarineskin.com (the “Site”). This Site is owned and operated by Aquamarine Skin Inc. (“Aquamarine”, “Aquamarine Skin”, “Aquamarine Skin Inc.”, “we,” “us,” “our”). All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”).
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE.
Last updated December 8, 2021
SITE USE GENERALLY
As discussed in detail below under Intellectual Property Rights, you are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States and contains information that is appropriate for access and use in the United States. We make no representation that any materials on the Site are appropriate or available for use outside this geographic area, and accessing the Site from territories where its contents are illegal is prohibited. Any references on the Site to specific products are applicable only to those available in the applicable markets, and any product claims and comparisons to other products on the Site apply within the applicable markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
PRIVACY AND YOUR PERSONAL INFORMATION
It is your responsibility to safeguard the password you use to access our Site, and to promptly advise Aquamarine Skin Inc. if you ever suspect that your password has been compromised. We encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.
LINKS TO THIRD-PARTY WEBSITE
INTELLECTUAL PROPERTY RIGHTS
All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and other materials posted to the Site, or posted to a social media site by users, including you (“User-Generated Content”), is the sole responsibility of the poster of the User-Generated Content. This means that you, and not us, are solely responsible for all User-Generated Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all User-Generated Content posted under your user account to our Site. You represent and warrant that (i) you own or otherwise control all of the rights in and to the User-Generated Content that you post; (ii) that the User-Generated Content is accurate; (iii) use of the User-Generated Content you supply does not violate these Terms; (iv) the User-Generated Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the User-Generated Content will not cause injury to any person or entity.
Should User-Generated Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.
If we determine, in our sole discretion, that any User-Generated Content submitted by you is offensive, harmful, illegal, infringing, harassing, false, and/or inappropriate, we may remove it or ask you to retract or modify the User-Generated Content in question. We have no obligation, however, to restrict or monitor User-Generated Content in any way.
You may see or read things that you do not like or agree with on our site. You understand that by using our site, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable.
Under no circumstances will we be liable in any way for any User-Generated Content, including, but not limited to, any errors or omissions in any User-Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, transmitted, or otherwise made available through the Site.
We do not control the User-Generated Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such User-Generated Content. You are solely responsible for any use or reliance on the User-Generated Content, including on its accuracy, completeness, or usefulness.
You acknowledge that we are under no obligation to pre-screen User-Generated Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any User-Generated Content that is available through our site. Without limiting the foregoing, we and our designees shall have the right to remove any User-Generated Content that violates these Terms or any other aquamarineskin.com policy or is otherwise objectionable, in our sole discretion.
Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
We reserve the right to monitor some, all, or none of the areas of the Site for adherence to these Terms. You acknowledge that by providing you with the ability to post information on the Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on the Site.
USER-GENERATED CONTENT LICENSE
We do not claim ownership of any User-Generated Content you upload, place, or post through the Site, or that we may find on third party social media sites. In cases where you have tagged one of our social media handles in a post on a third party site, or you have used a hashtag we have invited you to use, or you have referenced us by name, using audio or visual content, we may contact you and ask your permission via direct message, private message, or publicly in comments, to use the image on one or more of our digital & social media channels, including Instagram, Facebook, Pinterest, TikTok, YouTube, Email or on our Site. Except pursuant to a contest or sweepstakes, for which there will be specific terms and conditions, you are not obligated to reply nor are you obligated to give us permission to use your User-Generated Content. If you reply to us using the requested hashtag, then you are granting us permission under the terms outlined in this paragraph. You are responsible for protecting your rights in such User-Generated Content and are not entitled to our help in protecting such User-Generated Content. Unless otherwise prohibited by law, or unless we have requested permission providing you terms different from these, by granting us permission, or by uploading, placing, or posting User-Generated Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the User-Generated Content (in whole or in part), and incorporate such User-Generated Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such User-Generated Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of User-Generated Content by you may have terms applicable to your User-Generated Content that differ from those above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your User-Generated Content.
We respect the intellectual property rights of others and request that you do the same. In accordance with the Digital Millennium Copyright Act of 1998, you are hereby informed that we have adopted and reasonably implemented a policy to respond to notices of claimed infringement and for the termination of users of the Site in appropriate circumstances involving, for example, repeat copyright infringers. If you believe your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Address: 7080 Hollywood Blvd., Penthouse Suite, Los Angeles, CA 90028
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
Your Authorization to Use the Site. Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines.
Conduct Guidelines/Community Standards. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:
- upload, post, transmit, or otherwise make available any User-Generated Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User-Generated Content posted, transmitted, or otherwise made available through the Site;
- upload, post, or otherwise transmit any User-Generated Content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, or otherwise transmit any User-Generated Content or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or otherwise transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, “chain letters,” or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
- upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
- interfere with or disrupt the Site, servers, or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another person;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
- offer for sale or sell any item, good, or service through our site;
- use the site as a forwarding service to another website;
- allow usage by others in such a way as to violate these Terms or any other aquamarineskin.com policy;
- take any steps to interfere with or in any manner compromise any of our security measures;
- use the site for fraudulent purposes;
- harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
- sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third-party website or service;
- remove any proprietary notices from the Site;
- cause, permit, or authorize the modification, creation of derivative works, or translation of the Site without our express permission;
- sell, assign, rent, lease, act as a service bureau, or grant rights in the site including, without limitation, through sublicense, to any other person or entity;
- attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site;
- use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- use the Site in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).
SITE WARRANTY DISCLAIMER
Our site and its contents are provided “as is” and “as available,” with no warranty of any kind. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this site. We do not warrant that the operation of this site will be uninterrupted or error-free, or that this site is free from viruses and other harmful components to equipment or software.
LIMITATION OF LIABILITY
In no event will we be liable, nor do we assume responsibility, for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this site (or the content or services provided on, or accessible from, this site), or otherwise, even if we are advised of the possibility of such damages.
You may return items using the packaging information included with each order. Detailed information on returns handling can also be obtained on the Site, or by contacting us as described in the “Contact Us” section below.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.
WAIVER AND SEVERABILITY
ERRORS AND CORRECTIONS
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section below.
GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the State of New York, USA, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, New York County, New York, USA. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted on the Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.
If you have any concerns about the Site or these Terms, please send us an e-mail or call us at the below number: We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. Please send an e-mail to email@example.com or call 1-310-773-2081.
Copyright © 2021 Aquamarine Skin Inc. All Rights Reserved.