Sense, Predict, Act
 

Terms of Use

Planetary Skin Institute

General Disclaimer and Terms of Service

Welcome to Planetary Skin! Please read this disclaimer and, if you elect to become an account holder, the Terms of Service carefully.

General Disclaimer

Although the Planetary Skin Institute (PSI) has attempted to provide quality information on our Web Site and through our applications, PSI assumes no responsibility for the accuracy of the information. PSI, our partners, suppliers and affiliates may change the data, algorithms and methodologies mentioned at any time without notice.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

PSI AND ITS PARTNERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PSI AND PSI’S SITE ADMINISTRATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF PSI OR PSI’S SITE ADMINISTRATORS OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Sites.

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and neither PSI, PSI’s Site Administrators nor their partners are responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. These links are provided merely as a convenience and the inclusion of such links does not imply an endorsement.

Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Web Site is restricted to PSI Account Holders and authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution. You can register to become an Account Holder on the Web Site and by agreeing to the following Terms of Service.

Terms of Service

If you wish to register for a PSI User Account, you must read these Terms of Service carefully and agree to them by clicking on the appropriate box at the end of document. These Terms of Service create an agreement (the “Agreement”) between you and the Planetary Skin Institute, a non-profit, public benefit corporation. If you do not agree to this Agreement, please click the “Cancel”/“Back” button and do not use the Services.

If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.

1. Requirements for Use

To access the Services, you will need internet access.

2. Registration

To access more advanced features, you will need to register for an account. You will need a user name, email address, and password (the “Registration Information”). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify PSI of any unauthorized use or breach of your account.

3. Data, Information and Privacy

You agree that PSI may collect, use, process and store information about you and your use of the Services, including the transfer of such information to the United States and/or another country. In addition, information that you submit to PSI in connection with the Services will be handled in accordance with our privacy statement available by clicking here. PSI may use information collected by PSI, including technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services.

4. Your Responsibilities as a Planetary Skin User; License to Your Content

You are responsible for the content of all visual, written or audible communications and any other material (“Content”) used in connection with your account. PSI will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless PSI from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your violation of this Section 4.

You agree not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by PSI or its affiliates.

You agree not to upload, post, email, or transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.

You agree not to upload, post, email, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual’s publicity or privacy rights.

You agree not to upload, download, transmit, or otherwise make available any code or material that harms or interferes with any device, software, network or service.

You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).

You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.

PSI has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.

You automatically grant PSI and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, perpetual, irrevocable license to use, modify, publicly display, reproduce and distribute the Content in order for PSI to provide you the Services. If you object to any Content on a Services website, your sole remedy is to cease using that website.

5. Software

You may be required to download and install PSI software (“Software”). In that event, PSI agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by PSI in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by PSI are hereby reserved. You agree not to take any action to interfere with PSI’s or its supplier’s ownership of or rights in the Software. You agree that, unless otherwise permitted in this license, by law or by PSI, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by PSI to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and PSI or its affiliates, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.

6. Availability of the Service

The Services may not be available in all countries and may not be available for use in any particular location. You are responsible for following the laws in your state or country. PSI may make modifications to its features or any services to comply with laws and regulations. PSI owns all the proprietary rights and interests in the Services and Services websites.

7. Suspension or Termination of Your Account

You agree that PSI may suspend or terminate your access to the Services without notice if: (a) PSI determines or has a reasonable apprehension that you have violated this Agreement or (b) PSI is required to do so by any court or government authority in any country.

PSI may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services.

You agree that PSI has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.

You agree to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 3, 4, 5, 7, 10, 12, 13, 14, 15 and 16.

8. Changes to Services

PSI may discontinue the Service or change the Service (including adding and deleting features) without notice.

9. Beta Services

PSI may make available a “beta” version the Services (“Beta Services”) for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and are provided to you “AS IS”; (b) PSI makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to PSI’s questions and inquiries regarding your use of the Beta Services. You agree that PSI has not made any promises or guarantees that Beta Services will be announced or made available in the future and that PSI has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that PSI may use and incorporate into PSI content and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to PSI without compensation. PSI may suspend or terminate access to Beta Services (and delete any Content or data provided to PSI with respect to such Beta Service(s)) at any time, without notice and without compensation.

10. Copyright Policy Regarding Third Parties

If you believe that PSI or any of its affiliates or any user of PSI has violated a copyright, please contact us by clicking here for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.

11. Use of Your Name and Logo

You agree that PSI may use the name, logo and other trademarks or service marks on materials you provide in order to retain all copyright and other proprietary notices in the same form and manner as on the original.

12. No Warranties

To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that PSI and its suppliers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. PSI AND ITS SUPPLIERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. PSI AND ITS SUPPLIERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

13. Limitation of Liability

YOU AGREE THAT PSI, AND ITS SUPPLIERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF PSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF PSI AND ITS SUPPLIERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO ONE HUNDRED DOLLARS EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

14. Limited License

PSI hereby authorizes you to copy materials published on this Web Site solely for informational purposes, unless otherwise specifically set forth in writing. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.  Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of PSI or any third party. For proposed use of materials for other purposes, you must contact the copyright holder for its permission.

15. Other Legal Terms

15.1 Sometimes when you use the Services, you may also use a service, software or data, which are provided by another person or entity.  Your use of these other services, software or data may be subject to separate terms between you and the entity or person concerned, and you agree that PSI shall have no liability or obligation relating to those services or data.

15.2 Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective “Marks.” As to PSI’s Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any PSI Marks, or other proprietary information (including images, text, page layout, or form) of PSI without PSI’s express written consent. You may not use any meta tags or any other “hidden text” utilizing PSI Marks without PSI’s express written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.

15.3 You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to, with respect to personally identifiable information sent or received by you, all privacy laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

15.4 This Agreement, including the documents referred to in this Agreement, is the entire agreement between PSI and the account holder regarding the Services and completely replaces any prior agreements. PSI may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.

15.5 PSI will not be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.

15.6 You agree that if PSI does not exercise or enforce any legal right or remedy, which is contained in this Agreement, this will not be taken to be a formal waiver of PSI’s rights and that those rights or remedies will still be available to PSI.

15.7 If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.

15.8 This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions.

15.9 Use of the Services as an Account Holder may occasionally entail access to information that is labeled as confidential proprietary information of PSI or a third party or that you know is confidential proprietary information of another party (“Confidential Information”). You shall not disclose Confidential Information to any third party or any person outside your organization or company if you are using the Services for your organization or company for a period of two (2) years after access of the Confidential Information, unless otherwise expressly authorized by the owner of the Confidential Information. The obligations of confidentiality shall not apply to information which (i) has entered the public domain except where such entry is the result of your breach of the Terms of Service; (ii) prior to disclosure hereunder was already in your possession; or (iii) subsequent to disclosure hereunder is obtained by you on a non-confidential basis from a third party who has the right to disclose such information to you. Any owner of Confidential Information has the right to propose separate confidentiality provisions to you related to access of its Confidential Information for any interchanges of information between you and the owner that arise from your use of the Services.

16. Changes to this Agreement

PSI may change the terms of this Agreement from time to time and recommends that you review them on a regular basis. You can review the most current version of this Agreement by clicking here. If PSI makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.