Multimodal Solutions LLC, d/b/a PHD Skin Care (“PHD”), is a technology-driven skin care brand providing innovative and proprietary health and beauty products (the “Products”), as well as related services including, but not limited to, blog posts, informational and instructional videos, and advice columns. Some of these products and services are sold, described and published online (the “Content”) via PHD’s website www.phdskincare.com (the “Website”), applications, or other social media content and connectivity features provided on the Website (the “SMC”).
These terms and conditions provide You with a revocable, non-exclusive, limited, non-transferable license to use the Website and SMC
You acknowledge that PHD monitors usage of the Website by username, password and Internet Protocol (IP) addresses in order to maintain Website security and prevent unauthorized use. PHD will investigate any abnormal or unusual patterns of usage identiﬁed by such monitoring and may entirely at its discretion, suspend the access of any registered user it suspects of compromising the Website, Content and SMC security pending the outcome of that investigation.
For purposes of this Agreement, “User” shall be deﬁned as any individual using the SMC, Website and Content.
Users may, on an occasional and irregular basis, print and/or download materials on the Website or SMC solely for institutional and educational use, provided that they do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials. With the exception of the foregoing and except as otherwise expressly permitted herein, no User may copy, reproduce, transmit, publish, distribute, disseminate, broadcast, modify, create derivatives of, license, transfer, sell, mirror, frame, “deep link”, “scrape”, or data mine any material or Content obtained from or through the Website, or the SMC. Any violation of this paragraph shall be cause for immediate termination of access to the Content, SMC and Website for User.
damaging, disabling, disrupting, impairing, overburdening or interfering with the Website, SMC or accessing the Website or SMC in a manner that could damage, disable, disrupt, impair, overburden or interfere with any PHD server or the networks connected to any PHD server; or
attempting to gain unauthorized access to the Website, SMC, usernames, client accounts, accounts, computer systems, or networks connected to any PHD server through hacking, password mining, or any other means;
collecting information about other Users or Subscribers of the Website, including passwords, accounts or other information; or
interfering with any third party’s use and enjoyment of the Website, Content and SMC.
The Users acknowledge that each email alert and update issued by PHD is Copyright © 2014 by PHD and understands that it is ‘watermarked’ with a unique identiﬁer that can be used to pinpoint the original registered Subscriber and/or User to whom the alert was sent.
The User will not use PHD Content in a manner that would compete with or damage the goodwill associated with PHD.
The User will not use PHD Content in a manner that suggests an association with any of its services, brands, or products (unless otherwise previously authorized to do so in writing by PHD).
The User will not reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website or SMC unless speciﬁcally authorized by PHD.
The User must immediately notify PHD if they become aware of any loss, theft, or unauthorized use of the Website.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. PHD reserves the right to view, monitor, and record activity on the Website and SMC without notice or further permission from Users to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Website or SMC. PHD will comply with all court orders involving requests for such information.
All Content and material contained on the Website and SMC, unless otherwise indicated, is protected by law including, but not limited to, the Patent and Trademark laws of the United States and all related common law and laws relating to trade secret, and intellectual property, as well as other national, and international laws and regulations. The Website, SMC, Content, layout and design are the sole and exclusive property of PHD and, except as expressly provided herein, PHD does not grant any express or implied right in any such materials to the User. The Content of the Website and SMC are Copyright © 2014 by MULTIMODAL SOLUTIONS LLC d/b/a PHD SKIN CARE, All rights reserved. In particular and without limitation, PHD owns copyrights in the Website, Content and SMC as collective works and/or compilations, any and all databases accessible on the Website and SMC, and in the selection, coordination, arrangement, and enhancement of the Content of the Website and SMC. Third party product and company names mentioned therein are the trademarks of their respective owners.
PHD owns or licenses all data, Content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Website and SMC, as well as the selection, coordination, arrangement, and organization and enhancement of the Website Content and SMC Content. Users agree not to remove or alter any copyright notice or any other proprietary notice on any materials on the Website or SMC. Under no circumstances will User have any rights of any kind in or to the Website, Content or SMC, other than the right to use the Website, Content and SMC in accordance with these Terms and Conditions of Use as well as the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, User may download or print text and image ﬁles from this Website or SMC solely for such purposes without PHD’s written permission, provided that User and User comply with the following conditions: (a) the Content may only be used for personal, educational or noncommercial purposes; (b) User must cite the source of the content; (c) none of the Content may be altered or modiﬁed; (d) User must comply with all other terms or restrictions which may be applicable to the individual ﬁle, image or text; and (e) User must comply with all other terms and conditions set forth herein.
Use of the Internet is solely at the User’s own risk and subject to all applicable local, national, and international laws and regulations. While PHD has made every eﬀort to create a secure and reliable Website and SMC, the conﬁdentiality of any communication or material transmitted to/from the Website and SMC over the Internet cannot be guaranteed. PHD is not responsible for the security of any information transmitted via the Internet, the accuracy of the information and Content contained on the Website or SMC, or for the consequences of any reliance on such information. Further, PHD shall have no liability for interruptions or omissions in Internet, network or hosting services due to a force majeure or other events outside PHD’s control, including, for example, an act of God, act of government, ﬂood, ﬁre, earthquake, civil unrest, act of terror, strike or other labor problem, or Internet service provider failure or delay. The Users assume the sole and complete risk of using the Website and SMC.
PHD may provide links to other websites on the World Wide Web for the purpose of locating related information and services. These websites are maintained by third parties over which PHD exercises no control. Accordingly, PHD disclaims any responsibility for the content, accuracy of information, quality of products or services provided by or advertised on and/or software downloaded from third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
The User expressly absolve and release PHD from any claim or harm resulting from a cause beyond its control, including, but not limited to unauthorized access, theft, operator errors, computer viruses, the failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
PHD obtains the information it publishes from sources believed by PHD and its employees, agents, and staﬀ to be reliable and accurate, but the User accepts and acknowledges that the Website, Content and SMC, and the information or materials contained therein are provided on an “as is”, “as available”, and “with all faults” basis. PHD does not make any representations or warranties of any kind either express or implied, that the information and Content on the Website or SMC or the materials made available through the Website or SMC, is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. Material and Content published by PHD is intended for general information only and must not be construed as advice. PHD hereby disclaims all duties or warranties