Terms & Conditions
1. Restrictions on Use of Our Websites or Services
We may, in our sole discretion, discontinue or alter any aspect of our websites or services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of our websites or services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user´s right to use all or part of our websites or services, at any time in our sole discretion and without prior notice or liability.
You are responsible for obtaining access to our websites or services, and all charges (e.g., telephone, Internet service provider or airtime) associated with connecting to our websites or services. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access our websites or services.
Our websites and services are owned and operated by Nexderma and its affiliated companies, and contain material, including but not limited to code and software, that is derived in whole or in part from material supplied and owned by Nexderma and/or its suppliers and licensors (“Material”). You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of our websites or services or any Material from our websites or services.
2. Rules for Use of Our Websites or Services
(1) Conduct Required for Use of Our Websites or Services
You agree that you will not use our websites or services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose.
(3) Communications on Our Websites or Services
Portions of our websites and services may provide you and other users an opportunity to submit, post, display, transmit, or exchange information, ideas opinions, photographs, video, creative works, or other information, messages, transmissions, or material to us, our websites or services, or others via uploading files, inputting data, submitting content, or engaging in any other form of communication (“Communication”), and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Nexderma, are entirely responsible for all Communications that you upload, post, or otherwise transmit to or via our websites or services. In using our websites or services, you should not assume that such messages have been reviewed by us, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third-party. We neither endorse nor are responsible for any opinion, advice, information or statements made in the Communications by third-parties. You understand that by using our websites or services, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, for any loss or damage of any kind incurred as a result of the use of any Communication posted, or otherwise transmitted via our websites or services. The opinions expressed in any Communications reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Nexderma.
By engaging in Communications through our websites or services, you are granting us a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Nexderma. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Communication, and your provision thereof to and through our websites or services, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.
(5) Personal Safety
When using our websites or services, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please note that we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third-party of information voluntarily made public through any Communication or any other part of our websites or services. If you choose to make any of your personal information publicly available on our websites or services, you do so at your own risk.
3. Registering for Accounts on Our Websites or Services
Certain of our websites’ or services´ offerings will require registration. If you decide to use these services you will be required to register. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Should we provide to you a password, or should you select a password, that allows you to access certain parts of our websites or services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other breach of security, and that you will log off of our websites or services at the end of each session to prevent fraud on your account by third-parties.
The content of our websites and services, including but not limited to text, graphics, logos, images, audio files, and video files, is the property of Nexderma, its suppliers, or its affiliates, and is protected by United States and International Copyright Laws. Permission is granted to view and print materials from our websites or services for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site without the express prior written permission of Nexderma is strictly prohibited.
15. Infringement Policy
Nexderma, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, reserves the right, but not the obligation, to terminate your license to use our websites or services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. All claims of infringement must be submitted to us in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
16 Midland Avenue, Hicksville, NY 11801 firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third-party, please submit a list of such materials.
(c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and if available, email address.
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
The trademarks, trade dress, and logos of Nexderma and its affiliates may not be used without our prior written permission. Any other trademarks that appear on our websites or services are the property of their respective owners.
6. Links to Third-Party Web Site
Our websites or services may contain hyperlinks to third-party websites or services as a convenience to users of our websites or services. We do not control third-party websites or services and are not responsible for the contents of any linked-to third-party websites or services, or any hyperlink at any third-party web site or service. We do not endorse, recommend, or approve any third-party website or service hyperlinked from our websites or services. We will have no liability to any entity for the content or use of the content available through such a hyperlink.
7. No Warranties
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR WEBSITES OR SERVICES, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH OUR WEBSITES OR SERVICES, OR ANY WEBSITES OR SERVICES LISTED THEREIN, AND WE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. WE DO NOT WARRANT THAT OUR WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN OUR WEBSITES AND SERVICES WILL BE CORRECTED. OUR WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
IN NO EVENT WILL NEXDERMA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES OR SERVICES, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON OUR WEBSITES OR SERVICES, OR DOWNLOADED FROM OUR WEBSITES OR SERVICES, EVEN IF NEXDERMA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN OUR WEBSITES OR SERVICES, LISTINGS, OR INFORMATION DOWNLOADED THROUGH OUR WEBSITES OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Governing Law
You hereby agree that any disputes arising under or in connection with this Agreement and/or our websites or services shall be submitted for resolution to federal and state courts in the State of New York, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
11. Contact Information
Questions or comments regarding our websites or services should be sent by e-mail to email@example.com or by U.S. mail to Website Inquiry, c/o Nexderma 16 Midland Avenue, Hicksville, NY 11801