Terms & Conditions

 

 

The Clear Skin Project Website Terms of Use Policy

Revised June 6, 2016

These Terms of Use (“Rules”) apply to all of the websites and forums that we maintain through those websites (together, the “Websites”) owned and operated by or on behalf of the Acne Care Alliance, Inc. (“ACA” or “We”). Please read these Rules carefully – they are the Rules regarding use of the Websites. If you use the Websites, it means you understand the Rules, you agree to comply with them, and if you do not comply, you understand what may happen – if you deliberately break the Rules we will have to take steps that are commensurate with the action. That means that the punishment will fit the crime, so to speak. Therefore, if you do not agree to go along with the Rules, please do not use the Websites.

We can change the Rules from time to time for any reason. That means you should check these Rules periodically. We will post notice of changes on the Websites. Your ongoing use of the Websites shows us – and is your agreement – that you continue to agree with the Rules in place at the time. Remember: review these Rules regularly. NOTE the revision date on the Rules – if you notice a new date, this means we made a change since you last looked!

Now for the nitty gritty!

  1. Children
    The Websites are intended ONLY for children age 13 or older. NO EXCEPTIONS! That means even if you are 12 years and 364 days old, you are not to use the Websites. We know children care about their skin, too; but children under age 13 must not use the Websites without the guidance, assistance, approval and participation of a parent or legal guardian. So, if you are under the age of 13, PLEASE PLEASE PLEASE log off until you log back in with a parent or guardian, or after your 13th
  2. United States Citizens and Residents. The Websites are for United States citizens and legal residents. ACA operates the Websites from its offices within the United States and the state of New Jersey. We make no representations that content and materials (licensed or otherwise) on the Websites are legal or appropriate for use from outside the United States nor do we represent that our Rules or Privacy Policy are consistent with requirements outside the United States. If you choose to access the Websites from locations outside the United States, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Websites in violation of U.S. export laws and regulations.
  3. Privacy
    Privacy is important – so much so that we have an entire privacy policy on the matter. Like these Rules, we highly recommend you read and understand that policy; in it we tell you how we handle sensitive personal information and what your role is in protecting your information because like us, you too have responsibilities to safeguard certain information. Our privacy policy is part of your agreement when using our Websites. Just as with the Rules, if you do not agree with the privacy policy, DO NOT USE THIS SITE.
  4. Forum Guidelines.
    In addition to these Rules and the Privacy Policy, if you participate in one of our forums, there are also guidelines that apply. The Forum Guidelines are part of your agreement with us. You know the drill: if you do not agree with the Forum Guidelines, DO NOT PARTICIPATE IN THE FORUM!
  5. Safety and Respect on Line.We want you to be able to have a discussion with us on our open Forums in a safe, supportive environment. To ensure this, you will:
    • Not post any content on our Websites that is bullying, harassing or intimidating to anyone else on our Websites – or to anyone not on our Websites.
    • NEVER EVER post anyone’s identification on the Websites. This means you will not post someone’s full name, phone number, information about a credit card, banking account, or other personal information. NEVER!
    • Do NOT use the Websites to try to get information about any other visitor to the Websites FOR ANY REASON WHATSOEVER!
  6. Security and Your Account
    When you create your own Account through our Websites, you must protect your rights to your account. To do this you should:

    • Not lie about who you are
    • Not pretend to be someone else
    • NEVER NEVER NEVER (did we say never enough?) create an account if you are not at least 13 years old – in fact, you cannot use the Websites if you are not at least 13 years old!
    • NEVER NEVER NEVER (get it?) use the Websites to arrange a meeting with someone you met – or think you met- through our Websites.
    • NEVER NEVER NEVER (that again) share your password with someone else, or let anyone else use your account to post to our Websites – if they want to post, they can create their own account!
    • Not transfer your account to someone else. Again, if they want to post, they can create their own account!
    • If someone gets your password, LET US KNOW IMMEDIATELY! Email us at info@theclearskinproject.com.
    • When you are done using your account, LOG OUT!
    • If you access the Websites or your account from a public or shared computer, THAT COMPUTER MAY NOT BE SECURE.

    We have the right to disable any password or account if we think it has been stolen or compromised.

    We have the right to disclose information about you and your account to law enforcement officials.

  7. Cookies
    “Cookies” are small encrypted data files (containing references to your computer that we store on our server) that may write to your hard drive once you have accessed the Websites. We use cookies to enhance your user experience. If you read our Privacy Policy, you’ll learn the details so be sure to read them.
  8. CommunicationsPermission: When you visit the Websites, post to our forums, or send e-mails to us, you are communicating with us electronically, and inviting and granting us permission to then respond to you through similar electronic communications, typically by e-mail or by posting notices on the website, or by responding to you through our forum.Unsubscribe: If you do not wish to receive any more communications from us, you can “unsubscribe” by contacting us through one of the following methods:
    • Send us an e-mail at info@theclearskinproject.com.
    • Write to us at Acne Cure Alliance, Inc., 310 South Street, 4th Fl, Morristown, NJ 07960

    Please note that any opt-out request may take at least ten (10) days to become effective.

    Electronic vs. Paper: Electronic communications that we send or post, such as an agreement, a notice, or a disclosure, are legally considered to be provided in writing even though no paper is involved.

    Be Nice: There are some serious matters listed here, so please pay particular attention to these elements of the Rules. You are prohibited from:

    • using the Websites to transmit any information or material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful or otherwise objectionable – if you wouldn’t show it to your grandmother, don’t send it to us or through the Websites;
    • NEVER use the Websites or our forums to say ANYTHING about someone that is not YOU!
    • using the Websites to transmit any “virus”, “Trojan horse” or other software destruction or disruption device – it might be cool in an action movie, but not here;
    • intentionally or unintentionally violating any applicable local, state, national or international law, including but not limited to, any regulations having the force of law – don’t even consider it;
    • help or encourage anyone else to use the Websites in violation of these Rules:
    • impersonate someone else: do not post a picture of someone else and pretend that you are them – or post your picture, but use the name of real person – not you;
    • violating any personal or proprietary right of any person or entity such as invading someone’s privacy or using someone’s intellectual property without permission;
    • NEVER post a picture of someone that is not YOU unless you have written permission and you can prove it to us or anyone else that asks you to prove it;
    • Do NOT post pictures of someone that is not at least 18 – even if they say you can. If they want to post their own picture, let them do it on their own account – not on your account!
    • This is not the place for you to try to sell something or to advertise something. If you want to sell something, please do it on your own website!
  9. Ownership; Your Posts and Content
    • When we post information on the Websites and our forums, and even these Rules, we own this content. You can download this information, and you can print it out, BUT it still belongs to us! You cannot use it to create your own blog or app or website; and you cannot use it to allow someone else to sell it.
    • If you use our information and our Websites for any purpose other than your own information and education, we can terminate your account and block your access to our Websites.
    • Once you post on our Websites or send us information, we own the content you have posted or sent to us. If you want to write a book or an article based on your post, REMEMBER: we own your content, so think before you give us your thoughts and ideas.
    • When you post information on our Websites and on our forums, you are promising us that you own that information; you did not copy it from a book or someplace else; and you did not take it from someone else.
    • Once you post information or send it to us, we can use it for our own purposes, and we can reuse it for any reason anywhere. If you do not want to be quoted by us, do not write on our Websites!
    • We have the right to not put up any post to our forums, and we have the right to take down any posts that we object to or which violate our Rules. However, we do not review all materials before they are posted; and we cannot ensure prompt removal of objectionable materials after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by you or anyone else who visits our Websites and posts to our forums.

    Do not post any information on our forums or our website that violates these Rules! Period.

  10. Online Medical Advice DisclaimerEducational Purposes: The information on the Websites, in posts or messages by anyone within the Clear Skin Project (“CSP”) Speak Skin Community, or potentially through the links to other Websites (the “Information”) is only for general educational purposes – it is never, never, never, (did we say NEVER enough times to get your attention?) a substitute for professional healthcare. That means you should not use the Information in place of a visit, call, consultation, or similar direct and personal advice of your doctor or other healthcare provider. No Information is, or shall be construed as, diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical or mental condition. Any statements made within the Information have not been evaluated by the Food and Drug Administration or any other governmental authority unless otherwise specifically noted.Taking it even further, always, always, always, (did we say ALWAYS enough times to get your attention) ask your doctor or other healthcare provider to help you interpret the Information presented. Finally, never, never, never (again with the NEVER!) apply the Information to your individual situation without first having your doctor or healthcare provider involved – they are the true experts on your medical history and needs.

    Information is General: Just to be clear, in case you missed it above, the Information does not go into excruciating detail – it is from the 30,000 foot level, so to speak, and is meant to give you enough information so that you will talk to your doctor or healthcare provider to learn more and work together directly.

    Disclaimer: If you ignore our imploring warnings to treat the Information in general terms and do not talk to your doctor or healthcare provider about any questions, concerns, or just because you’re curious about something you see on the Websites, and you diagnose or treat yourself in any fashion, you doing so at your own risk! As our lawyers want us to say in strong legal terms (and there are more of those under Clause 14 and 15, so please read those, too), we are not responsible for your reliance upon any Information as advice, a course of treatment, or diagnosis or for your use of any services or products you obtain as a result of Information provided on the Websites.

    HIPAA/HITECH Disclaimer

    The Clear Skin Project is not a healthcare provider or other entity subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and/or the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and their implementing regulations. No information you disclose on the Websites or within the CSP Speak Skin Community is protected under HIPAA and/or HITECH.

  11. LinksConvenience Only: We have no control over and are not responsible for the content of any unaffiliated websites that may be linked to or from the Websites. That means they do what they want and that’s allowed because we do not control or have any say in what they do. The links are provided for your convenience only and you access them at your own risk.No Endorsements: Just because we include a link to another site does not mean we think their product or service is good – or bad. As our lawyer says in that special language they use, the appearance of the link on the Websites is not an endorsement or an approval of their products, services, or content, among other things. That means if you have a problem or question about another website or their terms of use, privacy policy, products or services, talk to them.

    If you decide to follow a link to a third party website, you do so at your own risk, and you are then subject to their rules and their privacy policies.

  12. Copyrights, Trademarks & RestrictionsOur Rights: The website design, text, graphics, images, illustrations, among other things are copyrighted © by ACNE CURE ALLIANCE, INC. ALL RIGHTS RESERVED including but not limited to copyright, trademark, international conventions and other intellectual property rights. This means you will be in big trouble if you use any of the Information or content that makes up the Websites without our permission. If you like what you see and want to use anything, even only a portion of something, ask us.Third Party Rights: All other trademarks, product names, and company names or logos that we have included on the Websites belong to their respective owners. If you want to use any of their protected content, you must ask them first. We are not their enforcer, but we are pretty sure that they want to protect their property too.
  13. Notice and Take Down Procedures (as provided under the Digital Millennium Copyright Act).If you believe any materials (licensed or otherwise) on the Websites infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures. To follow those procedures, contact us (see below!) and provide the following information:
    • A clear statement identifying the works, or other materials believed to be infringed.
    • A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
    • Sufficient information about the location of the allegedly infringing materials so that the Acne Cure Alliance can find and verify its existence.
    • Your name, telephone number and e–mail address.
    • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
    • A signature or the electronic equivalent from the copyright holder or authorized representative.

    ACA agent for notice of copyright issues on the website can be reached as follows:

    Acne Cure Alliance, Inc.

    310 South Street, 4th Floor

    Morristown, NJ 07960

    Attn: Legal Department (ref: Copyright Infringement)

  14. IndemnityYou Are Responsible For Your Conduct: By using the Websites, and posting to our forums, you agree to indemnify the ACA for any and all claims, damages, losses, liabilities and causes of action (including expenses and reasonable attorneys’ fees) arising out of or relating to your breach or alleged breach of these Rules, our Privacy Policy (including without limitation, claims made by third parties for infringement of intellectual property rights) and Forum Guidelines. This means that if you break the Rules or violate our Privacy Policy or any Forum Guidelines and we get a complaint or a law suit or a visit from a governmental official or police officer, we will expect you to protect us because of your bad actions. This means we may sue you for money and other damage caused by your bad actions.We have the right to fully cooperate with law enforcement authorities or a court order requesting or directing us to disclose information about any one posting any materials on or through our Websites. YOU AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ACA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS WHETHER BY ACA OR LAW ENFORCEMENT AUTHORITIES.

    Cooperation: If there is a claim from a third party that falls within this Section 14, ACA will decide how to handle its defense and you agree to cooperate in that defense as ACA feels appropriate.

  15. Disclaimer, Limitation of LiabilityTHIS WEBSITE AND ALL OF THE CONTENT AND INFORMATION WE PROVIDE IS PROVIDED BY “AS IS” AND “AS AVAILABLE” BASIS – what you see is what you get. THIS MEANS THAT WE MAKE NO PROMISES (legally called REPRESENTATIONS, WARRANTIES (see details in the last sentence of this paragraph), OR ENDORSEMENTS) OF ANY KIND ABOUT ANYTHING RELATED TO THE WEBSITE INCLUDING (among other things that we can only partially list because they include everything known and unknown in the universe) THE (1) QUALITY, ACCURACY, TIMELINESS, OR VALIDITY OF INFORMATION (we are repeating ourselves here, but this is important so pay attention), (2) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR (3) THAT DEFECTS WILL BE CORRECTED. As our lawyers like to remind you (because they think you will forget even though you just read it) this means that WE ARE TELLING YOU THAT THIS WEBSITE COMES WITH NO WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (all phrased by our lawyer and also important to understand).In a nutshell, if you use this website YOU AGREE THAT IT IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OUR CONTENT OR OUR INFORMATION, YOUR ONLY REMEDY IS TO STOP USING IT.

    All of this also means that ACA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT DAMAGES (legally called SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR THE INFORMATION CONTAINED ON THE WEBSITES.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. REMEMBER, THOUGH, WE ARE NOT SELLING GOODS HERE. THE WEBSITES ARE FOR INFORMATION ONLY!!

    We may change the Websites, we may shut the Websites down, or we may change what we decide to say on the Websites. We may restrict access to the Websites from time to time.

  16. Jurisdiction; Time Limit; Severability. State of New Jersey: These Rules, the Privacy Policy and the Forum Guidelines will be governed by and construed in accordance with the laws of New Jersey, as it is applied to agreements of this type. Any action brought to enforce these Rules, the Privacy Policy and the Forum Guidelines or matters related to the Websites or the Information or the Rules, Privacy Policy or the Forum Guidelines will be brought in either the State or Federal Courts of New Jersey; provided, however, that notwithstanding anything contained in these Rules to the contrary, we shall have the right to institute judicial proceedings against you (or anyone acting by, through or under you), in order to enforce our rights which include but may not be limited to specific performance, injunction or similar equitable relief.Time Limit: Any claim you may have with respect to use of the Websites must be commenced within one (1) year after the claim arises.

    Severability: If any provision of these Rules, our Privacy Policy or the Forum Guidelines, is deemed void, unlawful, or otherwise unenforceable by a judicial or similar authority, that provision will be severed from these Rules, our Privacy Policy or the Forum Guidelines, but the remaining provisions will remain in force.

    Entire Agreement: These Rules, our Privacy Policy constitute the entire agreement between you and ACA concerning your use of the Websites and all language is to be interpreted by its plain meaning.

  17. Feedback and Questions
    We welcome your feedback about the website. However, any comments, ideas, notes, messages, suggestions or other communications sent to us will become ours – we will own it once you send it. Period. Also, once we own it, we may use it any way we like without compensation or attribution to you. Should you have any questions or complaints regarding violations of these Rules, please contact us.
  18. Waiver
    No waiver by ACA of any term or condition in these Rules will mean that we are not enforcing those Rules, or excusing your violation of those Rules. And our decision not to terminate your account, or not to sue you, even if you violate any Rule does not mean that we are giving up or waiving our right to do so.