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Terms of Service

Terms of Service

These Terms of Service (the "Agreement") contain the legal terms and conditions that govern your use and access of the website, http://pimmento.com (the "Site") and the Skin Smart mobile application ("App," collectively with the Site, "Pimmento" or the "Service"). This Agreement constitutes a legally-binding agreement between each user ("you," "your," "user," or "member") and Pimmento, Inc. ("we," "us," or "our"). If you do not agree to the terms of this Agreement, you may not access or use our Service. If you have any questions about this Agreement, please contact us here.

OVERVIEW

This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.

Please read the Agreement carefully. It covers important information about Pimmento. If you have any questions or concerns, feel free to reach out to us at hello@pimmento.com.

ACCEPTANCE OF THIS AGREEMENT

By accessing or using any part of Pimmento, signing-up for an account, downloading the App, or otherwise providing us with any information, you acknowledge that you have read, understood, and agree to this Agreement and the accompanying Privacy Policy located here.

In order to use Pimmento and access the Content, you need to: (i) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreement; or (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our Site and we will do our best to give you notice of any such changes. If you do not agree to this Agreement or any modifications, your sole remedy is to stop using Pimmento.

USING THE SITE

We grant you a limited, revocable, non-exclusive license to access and use Pimmento solely for your own personal, non-commercial purposes. The license is personal to you and may not be assigned, transferred, or sublicensed to anyone else. We reserve all rights that are not expressly granted to you.

CREATING AN ACCOUNT

You don’t need to create an account on Pimmento in order to access and view Content, but you do need to create an account in order to upload your own Content or communicate with other Pimmento users. If you decide to create an account, you agree that you:

If we learn that you have violated this provision in any way, we reserve the right to terminate your account.

UPLOADING CONTENT

Once you create an account, you will have the right to upload Content. However, when doing so, recognize that you are representing and warranting that:

YOUR RIGHTS IN CONTENT

We have no intention of exclusively owning any Content that you upload to Pimmento ("Your Content"). However, in order to operate Pimmento, there are certain formal licenses that you must provide to us and other Pimmento users. In specific, by uploading Your Content to the Site, you agree to grant all other Pimmento users a limited license to view Your Content solely for their own personal, noncommercial purposes (which includes the right to copy and make derivative works to the extent necessary to view Your Content). In addition, you agree to grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to access and use Your Content in any way we deem appropriate, including but not limited to the right to copy, reproduce, transmit, distribute, publicly perform and display through all media now known or hereafter created, and make derivative works from Your Content.

Please note that from time to time, our third party partners may be interested in using Your Content on third-party websites. Unless you specifically opt-out by sending us an email at hello@pimmento.com, we may license to third parties the right to display Your Content on third-party websites and we will attempt to credit authorship to you where practicable.

PROHIBITED ACTIVITIES

As part of our effort to build a safe and tolerant online community, you agree that you will not compromise or jeopardize other users’ experiences by:

You further agree that you will not:

In addition, you will not:

You agree to be respectful when offering criticism and commentary on the Content of others and agree to abide by our [Community Guidelines].

If you believe that another user’s conduct violates these standards, you agree that you will report such conduct or posted Content to us by sending an email to hello@pimmento.com. We reserve the right to take down any Content that we believe violates these standards, but does not assume a duty or responsibility to do so.

PROPRIETARY RIGHTS

We’ve worked hard to build Pimmento. The graphic elements, design elements, presentations, logos, layout, and source code of the Service are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademarks ("IP Rights"). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.

THIRD PARTY SERVICES AND CONTENT

We utilize links and other tools to connect users to third-party services and features in order to maintain the Service, such as Facebook, Instagram, and Twitter ("Third Party Services"). We have no control over the content or policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party content or policies. Users who access or use a Third Party Service through Pimmento are solely responsible for complying with the terms and policies of these third parties. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.

We also post various information about thirty party products or services. Any description or reference to a third party’s product or service (including, but not limited to, providing a description or a link) should not be construed as an endorsement of such third party product or service by us.

We also do not operate, control, or endorse any information, products, or services on the Service or accessible through the Service in any way. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. There may be inaccuracies, omissions, or delays in the aforementioned content. We do not assume any responsibility or liability for the actions, product, and content of all these and any other Third Party Services.

OPINIONS EXPRESSED ON THIS SERVICE ARE NOT NECESSARILY OUR OWN

Opinions and other statements expressed within, but not limited to, the articles, interviews, comments or other content of the Service are not necessarily our own. The opinions and statements expressed by users and third parties (e.g. bloggers, interviewees, and users) are theirs alone, not our opinions or statements of our officers, employees, agents or affiliates. We assume no responsibility or liability for any statement or opinion expressed on Pimmento including, but not limited to, claims of libel, slander, infringement, invasion of privacy, defamation, pornography, obscenity, profanity, fraud or misrepresentation. We reserve the right to remove offending material from our Service and to block any communication that may be offensive at any time by our sole discretion.

COPYRIGHT AND DMCA TAKEDOWN POLICY

We enable you to upload potentially copyrighted work to Pimmento. If a user has uploaded something that infringes your intellectual property rights, you should send us a request to take down the content at admin@pimmento.com. Any such complaints or requests should include your name, your mailing address, your telephone number, your email address, and your physical or electronic signature.

COPYRIGHT INFRINGEMENT

If you send us a request to take down content that infringes upon your copyright, your request should include:

Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act ("DMCA"):

[Insert name of DMCA agent]

Copyright complaints and requests can be sent directly to this agent or to [email address]. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.

OTHER INTELLECTUAL PROPERTY INFRINGEMENT

If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:

FAKE ACCOUNTS

If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the URL or username of your account and the fake account, and please indicate which is the fake account.

NEXT STEPS

Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile, and will send a notice to the other Pimmento user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.

COUNTER NOTICE

If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at admin@pimmento.com. Any Counter Notice should include:

If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.

RIGHT TO TERMINATE YOUR ACCOUNT OR BLOCK ACCESS TO THE SERVICE

OUR RIGHT TO TERMINATE OR BLOCK ACCESS TO YOUR ACCOUNT

We may terminate your access to all or any part of Pimmento at any time, with or without cause, with or without notice, effective immediately. We further reserve the right to block access to the Service to anyone for any reason at any time. If we terminate your account, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.

USER’S RIGHT TO TERMINATE ACCOUNT

If you wish to terminate this Agreement or your Pimmento account, you may simply discontinue using the Service. All provisions of this Agreement, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

NO MEDICAL OR HEALTHCARE ADVICE

Any Content on Pimmento is not a substitute for professional medical advice, diagnosis, or treatment. It is for information purposes only. WE DO NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE. WE STRONGLY ENCOURAGE YOU TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION OR ADVICE RELATING TO ANY DIET OR LIFESTYLE CHANGE YOU MAY BE CONSIDERING. Never disregard professional medical advice or delay in seeking it because of something you have read or have seen on Pimmento. If you think you may have a medical emergency, call your doctor or 911 immediately. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. IF YOU RELY ON ANY INFORMATION PROVIDED ON PIMMENTO OR PROVIDED BY OUR EMPLOYEES OR OTHERS YOU DO SO AT YOUR OWN RISK.

DISCLAIMER OF WARRANTIES

IN NO EVENT SHALL WE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY RELATED TO USE OF THE SERVICES, OR ANY CONTENT ON THE SERVICE. WE DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY SERVICES OFFERED VIA PIMMENTO.

YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AS WELL AS OUR SUPPLIERS AND LICENSORS, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ANY SUCH SERVICE OR SOFTWARE.

OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE "PIMMENTO PARTIES") DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SERVICE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICE AND ANY THIRD PARTY SOFTWARE ON THE SERVICE IS AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. THE PIMMENTO PARTIES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OR CORRUPTION OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE SERVICE, FROM ANY COMMUNICATIONS, INTERACTIONS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF PIMMENTO OR $100.00, WHICHEVER IS LESS. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless the Pimmento Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule or regulation, or the rights of any third party, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

MODIFICATIONS

We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

NOTICE

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Pimmento in an unauthorized manner. You acknowledge that under this Agreement by using the Service you are deemed to have received any and all notices that would have been delivered had you accessed Pimmento in an authorized manner.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that: (i) your use of the Service will be in strict accordance with our Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

TRANSLATION

These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will control.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

CHOICE OF LAW

This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

ARBITRATION AND WAIVER OF CLASS ACTION

You agree to arbitrate any dispute with us arising from this Agreement or your use of the Service on an individual basis. That means that you cannot sue us in court or have a trial by jury. You and the owners of Pimmento, Inc. further agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.

At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PIMMENTO, INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

CHANGE OF CONTROL

Pimmento may assign its 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.

FORCE MAJEURE

We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

SEVERABILITY

If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

NOTE TO INTERNATIONAL USERS

Pimmento is hosted in the United States. If you are a user accessing Pimmento from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of the Service, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

QUESTIONS AND COMMENTS

We welcome comments, questions, concerns, or suggestions. Please contact us at hello@pimmento.com.

EFFECTIVE: Oct 1, 2015