WELCOME TO THE MASC SKINCARE ("MASC") WEBSITE (THE "SITE"). MASC'S SITE PROVIDES USERS A SINGLE SOURCE FOR ALL THEIR SKINCARE AND GROOMING NEEDS. THE SITE OFFERS A UNIQUE OPPORTUNITY FOR USERS TO EXPLORE THE LARGE VARIETY OF MEN'S SKINCARE, BODYCARE HAIRCARE AND OTHER GROOMING PRODUCTS AND RESOURCES, INCLUDING, SHOPPING SERVICES, ONLINE FORUMS, PERSONALIZED CONTENT, BRANDED PROGRAMMING, AND OTHER ON-LINE SERVICES (THE "SERVICES").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.
Member Conduct
You understand that all information, data, graphics, images, photographs, text, layout, or logos and the format or design therein ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not MASC, are entirely responsible for all Content that you upload, post, email or otherwise transmit to the Site, subject only to MASC's responsibilities under its privacy policy. MASC does not control the Content posted to the Site by others via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MASC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to the Site via the Services.
You acknowledge that MASC does not pre-screen Content, but that MASC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services. Without limiting the foregoing, MASC and its designees shall have the right to remove any Content that violates these terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that MASC may preserve Content and may also disclose Content. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Special Warnings Regarding International Use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.
Ownership of Materials on the Site
The entire content included in this Site, including but not limited to information, data graphics, images, photographs, text, layout, or logos and the format or design therein is copyrighted under U.S.A., Canadian and International copyright laws, and is the property of MASC.
MASC has obtained all permissions and licenses to use images, photographs, text and/or representations of the products contained within the Site; all trademarks, trade names, service marks are registered intellectual property of, and are proprietary to, the respective owners of the product lines represented herein. The compilation of graphics, images, photographs, text, layout, logos, buttons, icons, interfaces, or codes is the exclusive property of MASC and is protected by Canadian and International copyright laws.
MASC honors copyrights and respects the rights granted under copyright to all intellectual property. If you notify us with claims of alleged copyright infringement, we will investigate these notices and will take appropriate actions under applicable intellectual property laws. All efforts will be made by MASC upon investigation, to remove access to any material found to be infringing upon the rights determined under copyright law governed by Canada.
MASC's logo
MASC's logo is a registered trademark of MASC. The name MASC, logos, slogans, catch phrases and other intellectual properties associated with MASC may not be used without the express written permission of MASC. All rights reserved.
Public Content Posted to MASC
With respect to Content you elect to post for inclusion on the Site, other than Content protected under MASC's privacy policy, you grant MASC the world-wide, royalty free, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Indemnity
You agree to indemnify and hold MASC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the terms of use, or your violation of any rights of another.
General Practices Regarding Use and Storage
You acknowledge that MASC may establish general practices and limits concerning use of the Site and Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on MASC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that MASC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by you. You acknowledge that MASC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MASC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Termination
You agree that MASC, in its sole discretion, may terminate your login, password, account (or any part thereof) or use of the Site or Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if MASC believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. MASC may also in its sole discretion and at any time discontinue providing the Site or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Services under any provision of these terms of use may be effected without prior notice, and acknowledge and agree that MASC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files, the Site or the Services. Further, you agree that MASC shall not be liable to you or any third-party for any termination of your access to the Site Services.
Links
The Site or the Services may provide, or third parties may provide, links to other internet sites or resources. Because MASC has no control over such sites and resources, you acknowledge and agree that MASC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MASC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties and Liability
THE SITE, THE SERVICES AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MASC SKINCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MASC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
Amendment of the Terms
We reserve the right to amend these terms of use without notice to you from time to time by posting changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.
Applicable Law
Masc Skincare is based in the Province of British Columbia, Canada. The use of the Site and Services under these terms of use are governed by and will be construed in accordance with the internal laws of the Province of British Columbia, Canada., without regard to its conflict of law rules. Venue for any litigation between the parties shall be in the British Columbia Provincial Court. The terms and conditions set forth herein, along with the electronic invoice generated in relation to this sale, constitute the entire agreement between you and MASC and supersede all prior agreements, discussions, representations and warranties. In the event any provision or provisions hereof are determined to be invalid, or unenforceable under any existing or future law, to the extent permitted by law such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid.
