Terms and ConditionsJune 1, 2021 2022-07-02 1:00
Terms and Conditions
1. INTRODUCTION; APPLICABILITY :
These Terms are a binding legal agreement between you and Dermatocare. Please read them carefully before you use the Service. Do not use the Service if you do not agree with any of the terms contained herein. By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
Dermatocare may revise and update these Terms and Conditions at any time. Your continued usage of the Website and/or Services will mean you accept those changes.
2. THE WEBSITE AND THE SERVICES DO NOT PROVIDE MEDICAL ADVICE
The contents and the services on the dermatocare website are for informational purposes only. The services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the dermatocare website.
If you think you may have a medical emergency, call your doctor immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the dermatocare website or mentioned in any service offerings. Reliance on any information provided on the dermatocare website or as part of the services offered by us is solely at your own risk.
The dermatocare website & services may in certain cases contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our site.
3. INFORMATION DISCALIMER
The intent of the dermatocare website is to present the author and dermatocare team’s ideas and perceptions about the marketing, selling, and use of cosmetics. The author and dermatocare team’s sole purpose is to present consumer information and advice regarding the purchase of makeup and skin-care products. The information and recommendations presented strictly reflect the author and dermatocare team’s opinions, perceptions, and knowledge about the subject and products mentioned. Some people may find success with a particular product that is not recommended or even mentioned on this website, or they may find benefical a skin-care routine or product not recommended or negatively reviewed by author and dermatocare team. It is everyone’s unalienable right to judge products by their own criteria and to disagree with the author and dermatocare team’s and thereby act on any information or review provided on the website.
More importantly, because everyone’s skin can, and probably will, react to an external stimulus at some time, any product could cause a negative reaction on skin at one time or another. If you develop skin sensitivity to a cosmetic, stop using it immediately and consult your physician or dermatologis. If you need medical advice about your skin, consult a dermatologist or physician. ADVICE, SUGGESTIONS AND MY PROFILE Specifically regarding my profile section and advice & suggestions provided on the dermatocare website note that the information and the results therein and in other parts of the website are based on the data provided by the user which he or she experiences user under specific conditions however the skin may vary with changes such as change in weather, environment, pollution, age, place of residence,disesase, products used and many other factors based on these the results may vary. The skin care products suggested for particluar condition or regime might not benefit the user or may cause side effects and dermatocare is not responsible for ineffectiveness, side effects or any damage arising from the same. The user understands this and gives consent on the same before acting on the suggestions , advice or using suggested the regime. The content herein is for information purposes. The user has to take informed decision before following or acting on any suggestion, regime, or content provided on the website. User should consult qulaified dermatologist or physician for skin problems and skin care.
4. CONSENT TO TRANSFER
Given the nature of the Internet, even though the Dermatocare Website & the Services are ordinarily targeted to the residents of India, but it may be accessed in other parts of the world. If you are not an Indian resident and yet use the Dermatocare Website or the Services, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Services complies with all applicable local laws in the jurisdiction from where you access or use the Service.
If you are not a resident of india, by submitting your personally identifiable information on the site, you expressly consent to the transfer of such data to outside your country of residence, and to the processing of such data on dermatocare’s (or its designated vendors’) servers, where your data will be governed by laws of that country and that may provide a lower (or different) level of data protection than your country.
5. SERVICE OWNERSHIP; LICENSES; YOUR RESPONSIBILITIES/RESTRICTIONS ON USE
The Dermatocare Website and Services and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Dermatocare and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property laws. Dermatocare reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Dermatocare Website and Services. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Dermatocare Website and Services and/or any portion thereof, except: (i) with respect to your own User Submissions (defined below) ; and/or (ii) to the extent of your limited rights to use the Dermatocare Website and Services for certain personal (non-commercial) purposes, as set forth below, subject to the conditions set forth in these terms and conditions.
Further, you acknowledge and agree that you shall have no ownership or other property interest in dermatocare website and services or any other element of the service, and you further acknowledge and agree that all rights in and to accessing the dermatocare website and services shall forever be owned by and inure to the benefit of dermatocare.
Except in connection with your own User Submissions (and then only to the extent you control them), or unless expressly authorized by Dermatocare pursuant to these Terms or otherwise, and to the extent permissible by law, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Service, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon content or material which is part of the Dermatocare Website and Services publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Services or any component part thereof. Any of the unauthorized uses referred to above may constitute an infringement of the copyrights and other proprietary rights of Dermatocare and/or its licensors (including, without limitation, other Service users who have submitted their own User Submissions). Such unauthorized uses referred to above, or a breach of these Terms, may subject you to civil and/or criminal liability under applicable laws.
5.2 Licenses Granted to you
Subject to these Terms, we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Dermatocare Website and Services, the following limited, revocable, non-exclusive, non-transferable, non-assignable, non-sub-licenseable, royalty-free rights and licenses (each a “License”):
The License to access, view and otherwise use the Dermatocare Website and Services for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Service;
The License to stream Service content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Dermatocare Website and Services (any such widget or other digital streaming Internet video player referred to as a “Service Widget”) for your personal, lawful use only If the Services includes a “Send to Friend” or similar tool that allows you to initiate and send to one of your friends an email communication that includes Services content, and the tool is operational, the License to use the tool to request that the Service’s servers convey your message to your friend; If the Dermatocare Website and Services include a “Download” link next to a piece of Service content, the License to download a single copy of such content to a single computer, mobile or other permitted device for your personal, non-commercial use only;
If the Dermatocare Website and Services enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, We do not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Dermatocare and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Dermatocare; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
The License to obtain registered access to the Services and interact with other Service users as part of Service-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar Services offered on the Service;
The License to use any other functionality expressly provided by Dermatocare Website and Services for use by users, subject to these Terms (including, without limitation, functionality to create and/or Submit User Submissions).
5.3 Your Responsibilities/Restrictions on Use
Your rights under any one or more of the Licenses set forth in Section 4.2 above are conditioned upon your compliance with each of the following:
You will not embed, re-publish, maintain and/or display any Service content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;</p>You will not send spam, spim, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Service;
You will provide accurate, current and complete information about you or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Service to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity
You will not use any one or more of the Licenses granted to you (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Service, unless you have obtained prior permission from such user to do so
You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Service (or any parts thereof) You will abide by all copyright notices, information, and restrictions contained in or associated with any of the Service content You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Service content, Software or any Service feature
You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Service content
You will not use any of the rights granted to you or any of the Services or content therein in a manner that suggests an association with any of DERMATOCARE’s products, services or brands, unless otherwise Specifically permitted by DERMATOCARE
You will not use bots, spiders, offline readers or other automated systems to access or use the Service in a manner that sends more request messages to the Service’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to Dermatocare’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials.
You will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, 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.
You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Dermatocare or any of its affiliates, or the Service, or any of the content running or being promoted on the Service.
You will not do anything on the Dermatocare Website and Services that would prevent other users’ access to or use of the Dermatocare Website and Services or any part thereof.
You will be responsible for maintaining the confidentially of any username or password associated with access to the Dermatocare Website and Services (including, without limitation, in those instances in which the Service uses the account creation mechanism and management of a third party’s social network, website or device), and you are solely responsible for all activities that occur under your username and/or password.
You will use the Dermatocare Website and Services and the Licenses at all times in compliance with these Terms and all Applicable Laws. You shall not access the Services if you are under the age of 18
You shall monitor your access to the Service to restrict use by minors, and you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors in connection with your access. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Payments) by minors.
You shall not access the Services using a false identity or information, or on behalf of someone other than yourself. You shall not use the Services if you are a convicted sex offender.
You will not, under any circumstances, engage in any act that Dermatocare deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms or any other policies.
You will not, under any circumstances, make improper use of Deramtocare’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel.
You will not, under any circumstances, use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any associated game experience.
You will not, under any circumstances, use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any associated game experience.
You will not, under any circumstances, attempt to gain unauthorized access to the Services, access granted to others or to the computers, the servers on which the Services run, or networks connected to the Services by any means other than the user interface provided by Dermatocare, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.
You will not, under any circumstances, without Dermatocare’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (a) communicating or facilitating any commercial advertisement or solicitation, or (b) gathering or transferring Items for sale.
You will not, under any circumstances, intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device.
You will behave in a civil and polite manner with all other users of the Service and are solely responsible for your interactions with such users and any other parties with whom you interact through the Service and/or any element of service including associated games. You understand and agree that Dermatocare reserves the right, but has no obligation, to become involved in any way with any user disputes.
You will not, under any circumstances, upload or transmit or attempt to upload or transmit, without Dermatocare’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
You understand and agree that if you access the Service through or on a third party social networking site or other Personal Social Media, you shall comply with the relevant third party site’s terms of service/use as well as these Terms.
The content on the Dermatocare website may not be accurate from all aspects. There is a likelihood that other third party specialists and experts may differ in their views and results with respect to the content provided on the Website or any part thereof.
Deramtocare is not responsible for any conflict interest arises from any aspect of the information or services provided on the Dermatocare Website.
The significance content on the Website or any suggestions therein may change with time due to new studies and the author is not liable for any problem arising thereof.
Product reviews are individual opinions of the reviewers based on their knowledge.
6. USER SUBMISSIONS; GRANT OF LICENSE TO DERMATOCARE; YOUR WARRANTIES AND REPRESENTATIONS
The Services may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Service (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Service users) on or by means of the Service to other destinations, such as social networking pages (including, without limitation, to your Personal Social Media) (collectively, “Submit”), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Service or to others using the destinations (such as for example Personal Social Media pages) where you have submitted your User Submissions. By submitting your User Submissions on or by means of the Service you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise there from. Except as may otherwise be provided in any Special Rules, it is not Dermatocare’s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Service, but DERMATOCARE may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or by means of the Service, you automatically grant to Dermatocare and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sub licensees, non-exclusive right and license (the “Dermatocare License”) to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet and mobile resources and applications), store, transcode, host, cache, maintain, broadcast, webcast, mobilecast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in Dermatocare’s (or its authorized designees/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Dermatocare License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Service or Dermatocare terminates your access to the Service.
Nothing contained herein shall be deemed to transfer to dermatocare or to any of its affiliates any ownership rights in and to your user submissions, provided, however, that dermatocare and/or its affiliates and/or its licensors will retain sole and exclusive ownership of any of the dermatocare licensed assets (if any) included in your user submissions. Even though by submitting your user submissions you are granting to dermatocare the broad rights and licenses set forth above, you acknowledge and understand that nothing contained herein shall obligate dermatocare and/or any of its affiliates or authorized designees to host, distribute, display or otherwise exploit any of your user submissions or exercise any other rights under the dermatocare license.
You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (b) DERMATOCARE and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Service may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to Dermatocare that you do not want to be viewed and “shared” or otherwise distributed by others. In connection with all of the User Submissions you Submit to the Service, and any other activities that you conduct on or by means of the Service, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to Dermatocarea License under these terms; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and Dermatoacre will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Service, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, in violation of any Applicable Laws or these Terms, or in violation of any person’s publicity or privacy rights; and (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to Dermatocare upon request.
acknowledge that Dermatocare does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Service but that Dermatocare (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by Dermatocare in its sole discretion. Dermatocare shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Service users’ User Submissions) that violate these Terms or are otherwise objectionable, as determined by Dermatocare in its sole discretion, as well as terminate your and/or any Service user’s continued access to and/or other use of the Service.
Dermatocare does not control or endorse any user submissions, and any user submissions submitted to the service do not reflect the opinions, views or policies of dermatocare or any of its affiliates. Dermatocare disclaims any and all liability in connection with any and all user submissions, and, to the extent permissible by law, you agree to waive any legal or equitable rights or remedies you may have against dermatocare or any of its affiliates with respect to such user submissions.
If you remove or delete any of your User Submissions from the Service, that User Submission will be removed from the Service within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Dermatocare may maintain copies for archival purposes.
Dermatocare reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Service (in whole or in part) or any of Dermatocare’s products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.
provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Service.
7. THIRD PARTY LINKS
The Services may link to and/or contain advertisements about non-Dermatocare owned or controlled Web sites or other Internet or mobile resources. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Dermatocare makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites or services are not under the control of Dermatocare and may collect data or solicit personal information from you. Dermatocare is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Dermatocare of these linked sites and DERMATOCARE Expressly and sphecifically disclaims any responsibility and liability for any content, software, functionality, services or advertised products or services found on or related to any such third party web site or other internet or mobile resource.
8. FEES AND PURCHASE TERMS
Subscription, rental or download Fees. Certain Services may require you to purchase a subscription or membership or pay rental or download fee in order to access all or part of such Services. Such Fees are non-refundable, except as otherwise stated in specific terms applicable to a Service. Fees may change at the end of your subscription period. You are responsible for paying all taxes levied in connection with your use of the Services. Your Credit Card Company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). Dermatocare has no connection to or responsibility for such fees. Such fee is not refundable in any circumstance.
9. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
9.1 DISCLAIMER OF WARRANTIES
You expressly agree that your use of the dermatocare website and services is at your sole risk. The dermatocare website and services(or any portion of the service) is provided “as is” “with all faults” and “as available.” to the fullest extent permitted by law, dermatocare and its affiliates and each of their respective officers, employees, directors, shareholders, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “dermatocare releasees”) expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement) (except, to the extent any foregoing waiver is prohibited under applicable law due to a legally required warranty period, then such warranty will apply solely to the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, none of the dermatocare releasees warrant that the dermatocare website and services will be uninterrupted or error-free, nor do they make any warranties or representations about the accuracy or completeness of content available on or through the service or the content of any web sites, personal social media, or other internet or mobile resources linked to the site. To the fullest extent permitted by law, dermatocare releasees assume no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service (or any parts thereof); (iii) any unauthorized access to or use of Dermatocare’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Dermatocare Website and Services; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Services including any content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Service and/or otherwise through your or any other Service users’ exercise of any rights under any of the Licenses granted by Dermatocare herein. Dermatocare reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Service.
9.2 LIMITATIONS; WAIVERS OF LIABILITY
You acknowledge and agree that, to the fullest extent permitted under applicable laws, in no event will any of the dermatocare releasees be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, sphecial, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use (or the use of anyone using an account registered to you) of the service or any parts thereof.you further specifically acknowledge that dermatocare releasees are not liable, and you agree not to seek to hold them liable, for the conduct of third parties, including other users of the service and operators of external sites, and that the risk of the service and external sites and of injury from the foregoing rests entirely with you.
To the extent permissible under applicable laws, under no circumstances will the dermatocare releasees be liable to you for more than the amount you have paid dermatocare in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim.
You acknowledge and agree that if you have not paid dermatocare any amounts in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with dermatocare is to stop using the service and to cancel your account.
Notwithstanding all of the above, nothing in these Terms is intended to or will exclude or limit the liability of any party which cannot be excluded or limited by law.
9.3 Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations, exclusions or disclaimers may not apply to you. To the extent Dermatocare may not, as a matter of applicable law, disclaim any implied warranty or limit or exclude its liabilities, the scope and duration of such warranty and the extent of Dermatocare’s liability shall be the minimum permitted under such applicable law.
To the fullest extent permissible by law, you agree to indemnify and hold harmless the Dermatocare Releasees from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iv) your violation of any person’s intellectual property, privacy, publicity or other right; (v) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Service (in whole or in part); or (vi) your wilful misconduct or the wilful misconduct of anyone accessing the Service through your registered account, in connection with your (and/or such other person’s) use of the Service (in whole or in part). Dermatocare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Dermatocare in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Service.
10. COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
Dermatocare respects the intellectual property rights of others. Upon proper notice, Dermatocare will remove User Submissions (and any other Service content) that violate copyright law. Dermatocare has implemented procedures for receiving written notification of claimed copyright infringement on the Service and for processing such claims in accordance with the law. If you believe a work has been copied in a way that constitutes copyright infringement, please send Dermatocare’s copyright agent, at the address set forth below, a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Dermatocare to locate the material on the Service; (iii) information reasonably sufficient to permit Dermatocare to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) a statement by you, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.
Address- Dr Surbhi Mahajan, 302, GHS-8, Sector 24, Panchkula, Haryana
By submitting an Infringement Notification, you acknowledge and agree that Dermatocare may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from the Service, you may send Dermatocare a counter notification. Under certain national laws you may be held liable for damages if you make material misrepresentations in a counter notification. To be effective, your counter notification, must be in writing, sent to Dermatocare ‘s Designated Copyright Agent, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Service; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Courts in Chandigarh, India. By submitting a counter notification, you acknowledge and agree that Dermatocare may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
11. GOVERNING LAW; DISPUTE RESOLUTION; BINDING ARBITRATION
These terms shall be construed and enforced in accordance with the laws of india without regard to any choice of law or conflict of laws principles, regardless of where you live.
All actions or proceedings arising in connection with, touching upon or relating to these terms, or the site, or the breach of these terms shall be submitted the courts in chandigarh, india this provision shall remain in full force and effect notwithstanding any termination of your use of the service.
12. SEVERABILITY; WAIVER
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Dermatocare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Service.
You understand and agree that Dermatocare may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise terminate your access to the Services, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to or by means of the Services and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Services, for any reason. Dermatocare may also, in its sole discretion and at any time, discontinue the Services or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. Termination of your access can include disabling your access to all of the Services or any part thereof including any content you submitted or others submitted. As far as permitted under law Dermatocare shall not be liable for any claim with respect to such termination.
14. INJUNCTIVE RELIEF
You acknowledge that the rights granted and obligations made under these Terms of Service to Dermatocare are of a unique and irreplaceable nature, the loss of which shall irreparably harm Dermatocare and which cannot be replaced by monetary damages alone. Accordingly, Dermatocare shall be entitled to seek injunctive or other equitable relief in the event of any breach or anticipatory breach by you.
15. CHANGES IN SITE OWNERSHIP
16. GENERAL PROVISIONS
16.2 Entire Agreement
16.3 Force Majeure
Dermatocare shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Dermatocare, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Dermatocare’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Effective Date: 1 December 2013