Face Mapping Terms & Condition

Terms and Conditions of use Agreement Facemapping is a trading name of Dermalogica Inc who is a company registered in England (Co No 2263856) with its registered office at The Manser Building, Thorncroft Drive, Dorking Road, Leatherhead, Surrey, KT22 8JB England.This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("Customer") and Dermalogica, Inc. ("Dermalogica") that governs your use of this app. By utilizing this Dermalogica app, Customer acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement
Use of the app
1. The facemapping app is owned and operated by Dermalogica Inc and is provided to the Customer for use by the Customer. By using the App the Customer agrees to be bound by these terms and conditions to the fullest extent capable at law.
Licence
1. Dermalogica Inc (dermalogica) on behalf of itself and any third party licensor(s) of the Software and App retains all rights and title to the Software, the app, the Service and the Set Up and, except as set out below, no Intellectual Property Rights or goodwill therein are transferred to the Customer.
2. In relation to the app and the Software:
  1. the Customer is granted a non-exclusive, non transferable right to use the app and the Software;
  2. the Customer agrees not to copy or transfer the app or Software or reverse assemble, decompile or otherwise attempt to derive source code from the app or Software; and
  3. the Customer agrees to comply with all governmental or other regulations relating to the use of the app or Software.
3. The Customer may only download and print extracts from the app for its own use.
4. The Customer must not remove or alter copyright and other proprietary notices contained on the app.
5. Other than proper use of the app in accordance with this Agreement, the Customer may not commercially exploit the app (or any part of it) in any way
6. The Customer owns the Content placed on its device or cloud account. Except for the rights granted herein, this Agreement does not transfer any Intellectual Property Rights in the Content posted on the device or cloud account from the Customer to Dermalogica Inc.
7. The Customer accepts responsibility and liability for the acts ad/or omissions of its temporary staff or sub-contractors or business partners in relation to any breaches of the Software licence or its obligations under these terms and conditions by such temporary staff or sub-contractors or business partners and will indemnify and hold harmless Dermalogica Inc against all liability, loss, damages, reasonable costs and expenses incurred or suffered by Dermalogica Inc as a result of any such breach.
Content
1. Dermalogica Inc does not verify or assume any responsibility for the completeness or accuracy of the Content provided by the Customer or any other third parties accessing the device or cloud account or elsewhere on the app. This includes, without limitation, any documents, requests for further information or responses to them.
2. The Customer must ensure that they have, and maintain, adequate computer hardware and software to ensure they can access the functions of the App. Dermalogica Inc shall not be responsible for any delay or failure to transmit, download or upload data from, to or via its computer systems or over the internet.
3. The could account is created by the customer from the device and Dermalogica Inc does not have liability whatsoever for the account created, managed and maintained by the Customer. Content held in the device is the full responsibility of the Customer.
4. Dermalogica Inc does not have access to any of the content held on a device or stored in the cloud account and accepts no responsibility for the loss, damage of content held in the cloud.
5. Data passed back to Dermalogica Inc from the app is restricted by Apple Inc to basic information concerning device type (for notification push) and crash logging to aid in future improved app performance. Content input by the Customer is NOT accessible by Dermalogica Inc
Dermalogica Inc Obligations, Rights and Warranties
1. Dermalogica Inc warrants that it will:
  1. use all reasonable endeavours to maintain the app as an uninterrupted Service;
  2. use any data supplied to it solely for the purposes of providing the app;
2. Apart from the express terms set out above, no conditions, warranties or other terms apply to the app and the app is provided on an "as is" basis. Dermalogica Inc does not make, and hereby disclaims to the extent permitted under applicable law, any and all other express and/or implied warranties, included but not limited to warranties of merchantability, fitness for a particular purpose and any warranties arising from a course of dealing, usage or trade practice. Dermalogica Inc does not warrant that the app will be uninterrupted, error-free or completely secure. The Customer acknowledges that the app may be temporarily unavailable whilst normal maintenance is carried out.
3. Dermalogica Inc does not and cannot control the flow of data to or from its network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt the Customer's connections to the internet (or portions thereof). Although Dermalogica Inc will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, it cannot guarantee that such events will not occur. Accordingly, Dermalogica Inc disclaims any and all liability resulting from or related to such events.
4. Customer may not use, copy, modify, amend, alter or transfer the Software or any copy, adaptation, transcription or merged portion thereof. Save as expressly permitted by law, the Customer may not reverse engineer, decompile or disassemble the Software.
5. Title, copyright and all other proprietary rights in the Software and the Documentation and all parts and copies thereof shall remain vested in Dermalogica Inc.
Customer's Obligations
1. The Customer shall not resell the app to any third parties or allow any third parties to use the app other than its employees or temporary staff.
2. The Customer will be responsible for taking any backs up of all data that it uploads to the iCloud via the services offered if applicable by Apple Inc. Dermalogica Inc will not back up any data and will not be responsible or liable for any loss of data howsoever caused, including any insolvency event in relation to the hosting provider.
3. Customers agrees that all the information posted or accessed by Customer will be used only for informational or educational purposes. Customers will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Customers of this app also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorised copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Termination
1. This Agreement may be terminated immediately forthwith by Dermalogica Inc at anytime without written notice.
2. Dermalogica Inc shall not be liable to the Customer or any third party for any termination of access to the app.
3. On termination of this Agreement the app shall cease and terminate and all usage rights granted under this Agreement shall be terminated.
Confidentiality
1. Each party agrees that it will not without the prior written agreement of the other party permit the duplication, use or disclosure of any Confidential Information to any third party unless at the time of disclosure such information is within the public domain.
2. For the purposes of this Agreement, "Confidential Information" shall mean (without limitation) any information whether oral, written or on electronic or optical media relating to this Agreement (although not its existence), hardware and programming interfaces, protocols and integration, data, drawings, diagrams, software programs, trade secrets, know-how, algorithms, software architectures, designs and documentation (including in particular screen designs), all proprietary information and other intellectual property or rights thereto belonging to either party or held by either party under a duty of care to a third party to treat such information as confidential and any other information specifically identified by either party as confidential.
3. Notwithstanding the foregoing, the receiving party shall be entitled to make any disclosure required by law or other regulatory authority.
4. In the event of termination of this Agreement the obligations of both parties under this clause shall continue as if the Agreement had not been terminated.
Limitation of Liability
1. Each party will indemnify the other against any claim for or in respect of death or personal injury of any person if and to the extent that it is caused by the negligence of such party or any employee of such party.
2. Subject to Clause 10.8, Dermalogica Inc will not be liable for any damage of any kind suffered by the Customer as a result of the use of the App or Software whether direct, indirect or consequential loss including but not limited to loss of business, loss of contracts, business interruption, loss of anticipated savings or revenue, loss of goodwill or loss of or damage to or corruption of data or software.
3. Subject to Clause 10.8, Dermalogica Inc shall not be liable in any way or manner for loss or damage or corruption of the Content on the device or iCloud account or any other damage or loss suffered by the Customer of whatever nature as a result of using the App.
4. The Dermalogica Inc shall not be liable to the Customer for any representation (unless fraudulent), implied warranty, condition or other term, any duty at common law, or any express terms of an Agreement, for any special, indirect or consequential loss including but not limited to loss of business, loss of contracts, loss of anticipated savings or revenue, or goodwill, or loss of or damage to or corruption of data or software.
5. Subject to any express term of this Agreement, where permitted by statute, Dermalogica Inc excludes any statement whatsoever and howsoever arising out of this Agreement as to the quality, merchantability, suitability or fitness for purpose of any part of the Software or App.
6. Each party acknowledges that any breach of its obligations with respect to the proprietary rights of the other party or such party's licensors may cause such other party irreparable injury for which there may be inadequate remedies at law and that such other party and its licensors will be entitled to equitable relief, in addition to all other remedies available to it.
7. Dermalogica Inc shall not be liable to the Customer for any representation (unless fraudulent), implied warranty, condition or other term, or any special, indirect or consequential loss (including but not limited to (i) any costs associated with the recreation of lost or damaged Content; (ii) delays and failures in the App which might (but will not necessarily) include, loss of power, breakdown or failure or delay in telecommunications or otherwise in those internet connections, act of any competent authority, war, epidemic, civil unrest, fire, flood, weather conditions or industrial action) loss of business, loss of contracts, loss of anticipated savings or revenue, or goodwill (iii) any actions taken out against the Customer by any third party.
8. The parties acknowledge that where Dermalogica Inc has provided the Service free of charge, this forms an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply, subject to law. The parties acknowledge that where Dermalogica Inc has made a charge for the Service, Clauses 10.2 and 10.3 shall be superceded by the following wording: Dermalogica Inc will be liable for any direct losses, damages or costs incurred or suffered by the Customer as a result of the use of the Service or Software and which is caused by the negligence of or breach of contract by the Dermalogica Inc up to a maximum amount paid for the app or Software. Dermalogica Inc shall not be liable for any losses, damages or costs of any kind suffered by the Customer as a result of the use of the app or Software which constitute indirect or consequential loss including but not limited to loss of business, loss of contracts, business interruption, loss of anticipated savings or revenue, loss of goodwill or loss of or damage to or corruption of data or software.
9. Subject to Clause 10.8, the Dermalogica Inc shall not be liable in any way or manner for loss or damage or corruption of the Content in the iCloud account or on individual devices or any other damage or loss suffered by the Customer of whatever nature as a result of using the app.
10. Customer Data shall be the property of the Customer. Data derived directly or indirectly from usage of the app shall be the property of Dermalogica Inc or its licensors/partners (as appropriate).
11. The limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply, subject to law
Intellectual Property and Other Property
1. Dermalogica Inc shall indemnify and hold harmless the Customer against the costs of any claims made or damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action that the normal operation, possession or use of the Service by the Customer during the term of this Agreement infringes any intellectual property rights of any third party ("Intellectual Property Infringement Claim") provided that the Customer:
  1. gives notice to Dermalogica Inc of any Intellectual Property Infringement Claim immediately it becomes aware of it;
  2. gives Dermalogica Inc the sole conduct of the defence to any claim or action in respect of any Intellectual Property Infringement Claim and does not at any time admit liability or otherwise settle or compromise or attempt to settle or comprise any such claim without the express instructions of the Dermalogica Inc; and
  3. acts in accordance with the reasonable instructions of Dermalogica Inc and gives to Dermalogica Inc such assistance as it shall reasonably require in respect of the conduct of the said defence including without prejudice to the generality of the foregoing the filing of all pleadings and other court process and the provision of all relevant documents.
Waiver/Severability
1. The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect. Arbitration By using our site, you agree that Dermalogica may, at its sole discretion, require you to submit any disputes arising from the use of this site, these Terms and Conditions, or our Privacy Policy, to final and binding arbitration under the International Arbitration Rules of JAMS, except that in all cases, the substantive law of California will apply. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other incidental damages.
Indemnification
1. Customers agrees, at customers's expense, to indemnify, defend and hold harmless Dermalogica, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney's fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of customers's breach of this Agreement or in connection with customers's use of this app or any product or service related thereto. This indemnification does not apply to Dermalogica brand skin care products.
Third Party Rights
1. The Contracts (Rights of Third Parties) Act 1999 does not apply in relation to any Agreement or any agreement, arrangement, understanding, liability or obligation under or in connection with any Agreement
Compliance with Laws
1. The Customer will comply with all applicable laws, statutes, ordinances and regulations regarding its use of the Service, including all applicable laws regarding the transmission of technical data exported from the country in which it resides or other relevant jurisdiction.
Applicable Law
1. Unless otherwise agreed in writing between the parties, this Agreement shall be subject to and construed and interpreted in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
2. Where a translation of any terms and conditions or part of an Agreement is provided by Dermalogica Inc, this is provided for guidance purposes only in good faith and the English version is the legally correct and valid version of the relevant terms and conditions or part of an Agreement in the event of any error in translation.