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Terms of use (App)

  1. Terms of Use

    Contents

    1. FaceToned
    2. Use of our App
    3. Submissions
    4. Linking to the Site; Third Party Links and Content
    5. Code of Conduct and Prohibited Activities
    6. Prohibitions
    7. Content Restrictions
    8. Indemnification

     

    1. FaceToned

    FaceToned®  is a trade mark and names of Studio Carme Ltd. (“SC,” “we,” or “us“) that owns and operates the website www.facetoned.com and App “FaceToned” (jointly referred to also as “Site”, or “Website”) whereby we will offer programs of facial fitness to train facial muscles, and offer recipes focused on healthy nutrition for facial tone (“Services”), and sale of Products like gua sha stones, facial rollers, serums, oils and cotton gloves (“Products”).  Our details are: Studio Carme Ltd. 3rd Floor 12 Gough Square, London, England, EC4A 3DW, company registration no. 8375250. in working days (Monday – Friday, 09:00h-15:00h); support@facetoned.com

    1. Use of our App

    – Payment will be charged to iTunes Account at confirmation of purchase
     – Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
     – Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
     – Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
     – Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

    By entering, using the App, subscribing, and placing service or products related orders through it, you undertake:  (a) To use the App exclusively to make legitimate enquiries or orders, (b) Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities; (c) To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this App, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts. You may not misuse the App.

    This applies to all devices and tools, tangible or intangible, desk-top, lap-top, set-top devices  that give access to the App , including without limitation: mobile devices, set-top boxes, external devices,  and related applications (e.g. iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).

    Any SC application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console’s app store, etc.) is licensed, under limited, non-transferrable license for your own personal, non-commercial purposes, but only for the sole purposes of using the App and Services by you personally according to our Terms, and may not be assigned, transferred, sold or sublicensed to anyone else. We, the licensor, SC reserve all rights not expressly granted to you.

    1. Submissions

    As between you and SC, you own all content that you submit to the Service or App in general , whether directly via the Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to the App, unless you otherwise notify us by email at support@studiocarme.co.uk, you are granting SC, and its subsidiaries and its affiliates and related parties and entities (“SC Group”)  a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to keep, store, manage, use, copy, transmit, transfer, distribute, publicly perform and display (through all media now known or hereafter created), amend and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.

    You further grant all users of the Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to SC on improving or adding new features to the Service, SC shall have the right to use your suggestions without any compensation to you as all rights, moral, performance and monetary rights shall be SC’s exclusive ownership title.

    For each piece of content that you submit, you represent and warrant that: (i) you have the full title of ownership, possession and right to submit the content to SC and grant the licenses set forth above; (ii) SC will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including without limitation intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

    To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this App , you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

    Due to the open nature of the App and the potential for errors in transmission and storage of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this App unless otherwise expressly set out on this App

     

    1. Linking to the App ; Third Party Links and Content

    You may link to the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    The App must not be framed on any other site or App, nor may you create a link to any part of the App other than the home page. We reserve the right to withdraw linking permission without notice. The App from which you are linking must comply in all respects with the content standards set out above.

    1. Prohibitions

    The following is expressly prohibited and, in addition to the legal actions and remedies that protect SC, it may be reported to the authorities:

    1. Copy, distribute, adapt, post, transmit, share, publicly display, edit, modify, create derivative works from the App or any part or contents of it, or transfer any part of the App or any content contained on the App ;
    2. Decipher, decompile, disassemble or reverse engineer any of the software including without limitation, font codes, used to provide SC Services or Products;
    3. Apply any measures to interfere with or damage the App or Service.
    4. Probe, scan, or test the vulnerability of any SC system or network or breach any security or authentication measures;
    5. Do anything that may place an unreasonably or disproportionality large load on the App . You must not do anything that disrupts the functions or connected networks of the App ;
    6. Make any modifications to the App te without proper authorization in writing from SC;
    7. Test, scan or circumvent the security of the App ;
    8. Use the App or any content in any way which breaches the rights of SC or any third party;
    9. Use the account of another Customer or impersonate another Customer when using this App ;
    10. Access, tamper with, or use non-public areas of  SC, SC’s computer systems, or the technical delivery systems of SC’s providers;
    11. Access or search SC or download any intellectual property from SC through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing SC;
    13. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the App for any reason; Plant malware or use SC to distribute malware, and
    14. Use any method to autonomously create accounts by any means under fraudulent pretenses.
    15. Send any unsolicited communications, promotions, advertisements or spam;
    16. Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
    17. Post or transmit anything that is fraudulent or misleading, or that infringes on others’ rights;
    18. Impersonate or misrepresent your affiliation with any person or entity;
    19. Violate the privacy of others;
    20. Violate any applicable law or regulation;
    21. Introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this App , to the server which hosts this App or to any other server, computer or data base related to our App .
    22. Attack this App via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this Site will cease immediately. or
    23. Encourage or enable any other individual to do any of the above.
    24. Content Restrictions

    You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

    1. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
    2. Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
    3. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
    4. Advocates harassment or intimidation of another person;
    5. Exploits minors;
    6. Depicts unlawful acts or extreme violence;
    7. Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
    8. Depicts animal cruelty or extreme violence towards animals; or
    9. Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
    10. Breaches or threatens to or induces to a breach of laws or the provisions of these Terms, or related documents such like Privacy Policy, Use of Cookies

    Although we’re not obligated to monitor access to or use of SC or your content or to review or edit any of your content or the intellectual property of other SC users, we have the right to do so for the purpose of operating SC App , to ensure compliance with our policies, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects SC. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

    1. Code of Conduct and Prohibited Activities

    In using the Service, you must behave in a civil and respectful manner at all times. To this end, you will not and it is strictly prohibited to:

    1. Act in a deceptive manner by, among other things, impersonating any person;
    2. Harass or stalk any other person;
    3. Harm or exploit minors;
    4. Distribute “spam”;
    5. Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
    6. Promote sexually explicit material;
    7. Promote violence;
    8. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    9. Publish any material which is obscene, offensive, hateful or inflammatory;
    10. Infringe any copyright, database right or trademark of any person;
    11. “frame” or “mirror” any part of the Service or the App ;
    12. use meta tags or code or other devices containing any reference to SC, the App or the Service (or any trademark, trade name, service mark, logo or slogan of SC) to direct any person to any other website or App for any purpose;
    13. modify, record, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the App or any software used on or for the Service or the App , or cause others to do so;
    14. post, record, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the App or the Service other than solely in connection with your use of the Service in accordance with this Agreement;
    15. Collect information about others;
    16. Advertise or solicit others to purchase any product or service within the App ;
    17. Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
    18. Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
    19. Participate in any activity that in any way violates any law.

    SC has the right, but not the obligation, to monitor all conduct on and content submitted to the Service. SC reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.

    SC reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the App or Service and terminating or suspending the membership of such violators. Unauthorised use of the App or Service may give rise to a claim for damages and/or constitute a criminal offence.

    Your use of the App , including all content you post through the Service, must comply with all applicable laws and regulations. You agree that SC may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the App in the future; or (v) protect the rights, property or personal safety of SC or any other person.

    1. Indemnification

    We will use reasonable care and skill to ensure that this App are safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this App or from the downloading of the contents thereof or of such contents to which this App redirects.

    You agree to indemnify, defend, and hold harmless SC, its subsidiaries and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the App in particular regarding the Services and Products ; (ii) assert a violation by you of any representation, guarantee, term or provision of this Agreement, the transactions and contracts effected through the App and and Terms and Conditions of Services and Sales; or (iii) assert that any content you submitted to SC violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. SC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SC in connection therewith.

     

    Last update November 25, 2021