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Terms and Conditions

Last Modified: November 30, 2017

PLEASE READ THIS SKIN MOTION SERVICES (AS DEFINED HEREIN) TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE CREATING AND REGISTERING YOUR ACCOUNT. By downloading, accessing or using the Skin Motion website at https://www.skinmotion.com (or any successor URL) (“Site”) or mobile app (the “App”) owned by Skin Motion (“Skin Motion”) (and collectively the “Services”) you signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in these Skin Motion Mobile Services Terms and Conditions of Use Agreement (“the Terms”). Access to and use of the Services is conditioned upon acceptance of and compliance with these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract.

THE SERVICES AND THEIR FUNCTIONS

The Services consist of a Site and an App that allow consumers to create, upload, and purchase for an initial fee and an annual subscription fee (the amounts of which may change in Skin Motion’s sole discretion), personalized augmented reality tattoo experiences and search for tattoo artists to implement such personalized augmented reality tattoo experience through Skin Motion’s proprietary technology that brings tattoos to life. The Services also allow tattoo artists to register and be vetted as potential Skin Motion licensees to deliver high quality tattoo experiences to consumers using Skin Motion’s proprietary technology. If you are purchasing an augmented reality experience, you will have access through the Services to purchase that augmented reality tattoo experience, but will still need to separately search for a Skin Motion licensed tattoo artist through the Services to obtain an actual tattoo based on such experience purchased. The implementation of the personalized augmented reality tattoo shall be at an additional cost (in addition to the initial and annual subscription fees).

END USER LICENSE

Skin Motion grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to download and use the App and use the Site for personal use only in accordance with these Terms (“User License”). Skin Motion does not grant you any other rights whatsoever in relation to the Services or the material contained therein. All other rights are expressly reserved by Skin Motion. Any use of the Services in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Services or Skin Motion Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Services. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). If you breach any of these restrictions, you may be subject to prosecution and damages.

ACCOUNTS AND REGISTRATION

When you create an account on our Services and/or submit a registration application, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts and/or registrations in our sole discretion.

By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may elect to send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer or mobile device, as applicable, or account. You may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account and/or registration application. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

To the extent that the Services allow you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.

You may only have one single account in the Services. Multiple accounts are prohibited and violate the User License granted herein.

CONSUMER ACCESS AND REGISTRATION FOR LICENSE AND LICENSE

By accessing the Services, creating and uploading content for the creation of a personalized augmented reality tattoo experience, searching for a Skin Motion licensed tattoo artist, or submitting an application for registration with us to potentially become a licensed tattoo artist for our products and services made available through the Services, you represent and warrant as applicable that:

  1. you have all necessary legal capacity, right, power, and authority to enter into and be bound by these Terms;
  2. you are 18 years of age or older;
  3. you have the legal right to use the payment method provided;
  4. all content you upload onto the Services is wholly original to you and does not infringe on the rights of any third party;
  5. you will provide all required information and complete all required aspects of the registration process (and as a potential Skin Motion licensed tattoo artist, accept the terms of the Artist License Agreement);
  6. all information you provide to us in connection with such account and/or registration is true, accurate, and complete;
  7. you will abide by all requirements of Skin Motion;
  8. you will comply with any applicable third party terms of agreement when using the Services (e.g. you must ensure your use of the App is not in violation of your mobile device agreement or any wireless service agreement); and
  9. you will abide by all applicable laws when submitting your account and/or registration information and while engaging in all other activities that flow from your access to the Services, use of the Skin Motion products and services, and/or, if applicable, activities after acceptance (if accepted) as a licensed Skin Motion tattoo artist.

Further, you may not in any way use the Services or submit to us or to the Services anything which in any respect:

  1. is in breach of any law, statute, regulation, or bylaw of any applicable jurisdiction;
  2. is fraudulent, criminal, or unlawful;
  3. is inaccurate or out-of-date;
  4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  5. impersonates any other person or body or misrepresents a relationship with any person or body;
  6. may infringe any rights of us or any third party;
  7. may be contrary to our interests;
  8. is contrary to any specific rule or requirement that we stipulate on the Services; or
  9. involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Skin Motion’s review of your use of the Services at any time (e.g. and without limitation, during the activation process for your augmented reality tattoo experience) does not in any way alter the foregoing or other obligations you have in these Terms or any other language elsewhere in these Terms.

You may be asked to supply certain information relevant to the account and/or registration you place through the Services, including, without limitation, as applicable, your name; your contact information; your experience; your website and other social media channel information; your business’ name, physical address and phone number; your hourly or other rate information; your credit card number; the expiration date of your credit card; and your billing address. We may use third party services to process your payment or process your registration. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse any account registration or registration submission you place with us. We may, in our sole discretion, limit or cancel the number of licensed tattoo artists associated with Skin Motion. We reserve the right to refuse or cancel your account and/or registration if fraud or an unauthorized or illegal transaction is suspected. We may also ask you to provide a copy of your license or other official documentation during the registration approval process.

As part of the registration process to become a licensed tattoo artist with Skin Motion, you will be required to execute a separate Artist License Agreement, watch a video, and obtain a one hundred percent score on a quiz of the content of such video. If there are any conflicts between the terms in these Terms and the terms of such Artist License Agreement, the terms of the Artist License Agreement shall prevail.

CONTENT AND ACCURACY OF CONTENT OF THE SERVICES

All features, specifications, products, prices, discounts, promotions, and offers described on our Services are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on the Services may not exactly match the actual product. All prices displayed on the Services or in connection with your registration and license fees are in U.S. dollars unless otherwise noted. We will add applicable sales taxes or other similar fees as necessary. You acknowledge that you may make a pre-sale purchase and/or purchase of a personalized augmented reality tattoo experience through your use of the Services. We may provide you with a voucher to redeem with a licensed tattoo artist associated with Skin Motion or another form of purchase confirmation. The voucher is redeemable, but not returnable. All purchases whether reflected by the receipt of a voucher or another form of purchase confirmation are final and not returnable or refundable for any reason. You agree to abide by any additional terms and conditions indicated at the time of pre-sale and/or purchase. You further acknowledge your understanding that the implementation of the personalized augmented reality tattoo experience shall be at an additional cost and you are solely responsible for all aspects of the implementation and maintenance of the tattoo, including, but not limited to, searching for a licensed tattoo artist associated with Skin Motion, scheduling an appointment, paying the separate fee for the implementation of such tattoo, and any and all maintenance and other costs.

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Services is inaccurate at any time without prior notice.

NOTICE REGARDING POTENTIAL ISSUES WITH SERVICES

Skin Motion’s personalized augmented reality tattoo experiences work using new experiential technology that relies on the human body and although Skin Motion designed the platform and App to work with the greatest number of variations of natural human body characteristics, the personalized augmented reality tattoo experience and tattoo cannot be standardized or quantified in a way that guarantees that it will work for everyone. You understand that purchasing a Skin Motion personalized augmented reality tattoo experience and getting such tattoo applied to your body from a licensed tattoo artist associated with Skin Motion does not guarantee that it will work, or guarantee that it will work to any specification other than is experienced while using the App. You further agree that we shall not be liable to you or to any third party if your personalized augmented reality tattoo does not work for you.PLEASE ONLY GET TATTOOED IF YOU ACCEPT THAT THERE IS A POSSIBILITY THAT YOUR PERSONALIZED AUGMENTED REALITY TATTOO MAY NOT WORK WITH THE APP.

MONEY BACK GUARANTEE

If you have any questions or your personalized augmented reality tattoo isn't working properly, please contact the Skin Motion support team for assistance at support@skinmotion.com. You must contact us within fifteen (15) days after implementation of your personalized augmented reality tattoo and if we are not able to fix the issue with your tattoo we offer a 100% money-back satisfaction guarantee. If you accept such refund your tattoo will be disabled and unable to work with our Services. If you activate a pre-existing soundwave tattoo that is not a Skin Motion personalized augmented reality tattoo experience tattooed by a licensed tattoo artist associated with Skin Motion, this 100% money-back satisfaction guarantee does NOT apply.

RIGHT TO CHANGE THE SERVICES

We reserve the right to modify, suspend, or terminate the Services, or any service, content, feature or product offered through the Services, pricing, or terminate your right to access or use any portion of the Services, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, restriction, or termination of the Services or any portion thereof. You acknowledge that there is no guarantee of any perpetual continuation of any portion of the Services, the Site and/or App themselves, or technology available through the Services or otherwise to perform any part of the services offered through the Services at any given time, including, but not limited to, technology and functionality necessary to support the audio for the personalized augmented reality tattoo.

ACCESS TO AND USE OF THE SERVICES

You agree to access or use the Services solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:

  • hack into the Services, or modify another website or mobile application so as to falsely imply that it is associated or affiliated with the Services;
  • damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services;
  • violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws);
  • use or copy any material from the Services, including, but not limited to, onto other websites or in other mobile applications;
  • frame any of the Services onto your own or another person’s website or mobile application; or
  • access or attempt to access any password-protected, secure or non-public areas of the Services without our express permission.

NO COMPENSATION AND YOUR COSTS

Your use of the Services is completely voluntary and for your own benefit. You shall not be entitled to compensation of any kind from Skin Motion for such use. You hereby waive any claims you may have against Skin Motion, its agents, employees, and representatives for any compensation of any kind for your use of the Services, except as expressly authorized in advance in writing by such party. Your use of the Services requires appropriate telecommunication links. We shall not have any responsibility or liability with respect to any mobile or other costs you may incur due to your use of the Services. You are solely responsible for all of costs involved in your use of the Services, including, but not limited to, computer and/or mobile costs, initial and annual subscription fees, cost of the personalized augmented reality tattoo experience, implementation and maintenance of such tattoo, and any other costs that flow directly or indirectly from your use of the Services and from such personalized augmented reality tattoo experience.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

CONTENT

Unless otherwise noted, the Services, and all materials on the Services, including text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“Skin Motion Content”), are owned, controlled or icensed by Skin Motion. The Skin Motion brand name and logo are trademarks of Skin Motion. The Services and the Skin Motion Content are intended solely for personal, non-commercial use. You may download or copy the Skin Motion Content and other downloadable materials displayed on the Services for your personal use only. No right, title or interest in any downloaded Skin Motion Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Skin Motion Content or the Services. The only exception to the foregoing restrictions in this provision are the rights of licensed Skin Motion tattoo artists with a valid Artist License Agreement to use the Services for commercial purposes in accordance with the terms hereof and the terms of such Artist License Agreement.

Any third-party content, products, or services posted on, transmitted through, or linked from the Services are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR APP OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES.

CONTENT YOU PROVIDE

Our Services may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Services, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Services.

The Services are publicly viewable and you should have no expectation of privacy or confidentiality in any User Content you post. You represent and agree that any User Content you post will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right and 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 Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

By submitting User Content to the Services, you grant, and you represent and warrant that you have the right to grant and hereby do grant, Skin Motion (and its affiliates, agents, licensees, successors and assigns) an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you. If you do not want us to use your User Content, please do not post it to the Services. We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Services.

UNSOLICITED SUBMISSIONS AND FEEDBACK ON SERVICES

Without in any way limiting the foregoing Section (Content You Provide) or language elsewhere in these Terms, Skin Motion (or any of its employees or representatives) does not accept or consider unsolicited ideas, including, but in no way limited to, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or any other works (collectively “Submissions”) in any form to Skin Motion (or any of its employees or representatives). The sole purpose of Skin Motion’s Unsolicited Idea Submission and Product Feedback Policy (“Unsolicited Idea Submission Policy”)  is to avoid potential misunderstandings or disputes when Skin Motion’s products or marketing strategies might seem similar to ideas submitted to Skin Motion. If, despite our request that you not send us your Submission, you still submit them, then regardless of what your letter or other communication says when submitting such Submissions, the following terms shall apply to your Submissions. You agree that: (1) Your Submissions and their contents will automatically become the property of Skin Motion, without any compensation or attribution to you; (2) Without in any way intending to review the previous language, Skin Motion may use or redistribute the Submissions and their contents for any purpose and in any way; (3) There is no obligation for Skin Motion to review the Submission; and (4) There is no obligation to keep any Submission confidential. Skin Motion does, however, welcome your feedback regarding many areas of Skin Motion’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at support@skinmotion.com. Please provide only specific feedback on Skin Motion’s existing products or marketing strategies; do not include any ideas that our Unsolicited Idea Submission Policy  will not permit us to accept or consider. Product feedback is just one more way that Skin Motion can learn how to best satisfy your needs. Any feedback you provide to Skin Motion shall be deemed to be non-confidential. Skin Motion shall be free to use such information on an unrestricted basis without notice, approval, compensation, or attribution to you.

PRIVACY

We respect the privacy of your Personal Information (as defined in our Privacy Policy). Please view our Privacy Policy   for more information.

DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES

THE SERVICES AND PRODUCTS AND SERVICES THEREIN ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS AND SERVICES THEREIN OR ANY THIRD PARTY WEBSITE(S), APPS, OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SKIN MOTION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, CONTRACTORS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. NOTWITHSTANDING SUCH LIMITATION, UNDER NO CIRCUMSTANCES SHALL SKIN MOTION’S MAXIMUM AGGREGATE LIABILITY TO YOU BE MORE THAN FIVE HUNDRED DOLLARS ($500.00).

Skin Motion and any subsidiaries and/or affiliates do not warrant that: a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services, the products, services, and experiences offered will meet your requirements.

Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.

In no event shall Skin Motion, nor its directors, employees, partners, agents, suppliers, or any subsidiaries and/or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) your use of the products, services, and experiences offered on the Services; (iii) any conduct or content of any third party on the Services; (iv) any content obtained from the Services; and (v) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

INDEMNITY

You shall defend, indemnify, and hold harmless, Skin Motion, any subsidiaries and/or affiliates, and each of its and its and their employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to (i) your use or misuse of the Services; (ii) your use of the products, services, and experiences offered on the Services; (iii) violation of these Terms; (iv) violation by you, or any third party using your account, of any law and/or intellectual property or other right of any person or entity; or (v) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

REMEDIES

In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms, Skin Motion may immediately terminate these Terms and pursue legal action and/or equitable injunctions in order to compensate Skin Motion for all injuries caused by such breach. You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms.

EQUITABLE REMEDIES

You hereby agree that if the terms of these Terms are not specifically enforced, Skin Motion will be irreparably damaged, and therefore you agree that Skin Motion shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies. You hereby expressly waive all rights to injunctive relief.

COPYRIGHT POLICY

We respect intellectual property rights and will remove or disable access to any material on the Services that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Services violates your copyright, please provide our copyright agent with the written information specified below:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • an description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services;
  • 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;
  • 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.

Our Copyright Agent for notice of claims of copyright infringement on the Services can be reached as follows: support@skinmotion.com.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide written notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

TERMINATION

These Terms and the User License are effective until terminated by you or Skin Motion, with or without written notice. Your rights under the User License will terminate automatically without notice from Skin Motion if you fail to comply with any terms or conditions of the User License. Upon termination of the User License, you shall cease all use of the Services and delete and uninstall all copies.

GOVERNING LAW/JURISDICTION AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract entered into and wholly performed within the State of California. Any disputes or differences between the parties arising out of these Terms which the parties are unable to resolve themselves shall be submitted to and resolved by arbitration as provided herein below. Notwithstanding the arbitration obligations, Skin Motion shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction located in Los Angeles, California and you consent to personal jurisdiction of any court of competent jurisdiction in Los Angeles, California. Access to or use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

ARBITRATION

This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please read this carefully. It affects your rights.

Except for a claim by Skin Motion of infringement or misappropriation of its patent, copyright, trademark, or trade secret and/or Skin Motion’s ability to seek injunctive or other equitable relief, any and all disputes between you and Skin Motion arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Services. You agree that by entering into these Terms, you and Skin Motion are each waiving the right to trial by jury or to participate in a class action. You and Skin Motion agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Skin Motion must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles, California. Any arbitration proceedings held hereunder shall be confidential.

ATTORNEY’S FEES AND COSTS

Should it become necessary for any party to these Terms to bring a claim in arbitration and/or litigation to enforce any provision herein, or for damages on account of any breach of these Terms, the prevailing party shall be entitled to recover from the other party or parties all costs and expenses incurred in the arbitration and/or litigation, which includes but is not limited to the recovery of reasonable attorney’s fees and court costs.

GENERAL LEGAL PROVISIONS

These Terms (and our Privacy Policy any other document referred to in these Terms and any other terms and conditions specifically agreed between you and us in writing) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms except as expressly stated in these Terms.

If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You may not assign your rights under this Agreement to any party; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved.

CONTACT

If you have concerns relating to the Services or these Terms, please contact Skin Motion at support@skinmotion.com.