PLEASE READ CAREFULLY BEFORE USING THIS SITE
USE OF MATERIALS; RESTRICTIONS
This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the “Materials”) are the property of TUNASKIN, Inc. and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by TUNASKIN and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from www.tunaskin.net, our forums, or any other site owned or operated by TUNASKIN without the prior written permission of TUNASKIN. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of TUNASKIN’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from Tunaskin.
You may be required or have the option to register to use TUNASKIN’s website. Each registration is for a single user only, unless otherwise expressly agreed upon by TUNASKIN. Registration for access to and use of the TUNASKIN website may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by TUNASKIN in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of TUNASKIN, which may be withheld in its sole discretion. You shall immediately notify TUNASKIN if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. TUNASKIN will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.
TUNASKIN offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of the TUNASKIN Platform shall be strictly in accordance with this Agreement.
TUNASKIN may contain or provide access to interactive features and functionality (referenced collectively herein as the “TUNASKIN Forums”), where you can share and exchange information or content (referenced collectively as “Postings”). The TUNASKIN Forums are provided by TUNASKIN as a resource for you. Use of the TUNASKIN Forums is therefore limited to your personal use. You do not have any right to distribute further the TUNASKIN Forums (or any part thereof or content presented on the TUNASKIN Forums) without TUNASKIN’s prior written permission. To the extent that the TUNASKIN Platform allows for such communication functionality, you agree that by using the TUNASKIN Platform you will not upload, post, display, or transmit any of the following:
- anything that violates contractual or fiduciary rights, duties, or agreements;
- anything that is bigoted, hateful, or offensive;
- anything that encourages criminal conduct or that would give rise to civil liability;
- anything that violates any law or regulation in any jurisdiction;
- anything that contains vulgar, obscene, profane, or otherwise objectionable language or images;
- anything that typically would not be considered socially or professionally responsible or appropriate in person;
- anything that harms minors or is directed as a means to contact or interact with a minor;
- anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the TUNASKIN;
- anything that misrepresents your affiliation with any entity and/or the TUNASKIN;
- anything, which defames, harasses, threatens, or offends;
- anything that violates or infringes on the rights of others or misappropriates or breaches any confidentiality obligation;
- anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifiable information of another individual;
- anything that constitutes a chain letter or pyramid scheme;
- anything that is false, deceptive, or misleading;
- anything that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
- anything that is “off-topic,” irrelevant, or inappropriate for the purposes of the TUNASKIN Platform;
- anything that interferes with or disrupts the TUNASKIN Platform; or
- anything that contains or distributes malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the TUNASKIN Platform or TUNASKIN’s data, network, or systems.
PERMISSION TO USE POSTINGS
By submitting any type of a Posting(s), you represent and warrant that you have all rights necessary to transmit and provide such Posting, and you automatically and hereby grant a royalty-free, transferable, sublicensable and non-exclusive right and license for TUNASKIN to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Posting, without additional approval or consideration, in furtherance of and in connection with the operation of the TUNASKIN Platform, and you hereby waive any claim to the contrary. Your Postings are non-confidential for all purposes. TUNASKIN reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting. You represent that you have all necessary rights to make a Posting(s) available to Tunaskin, and you also acknowledge that TUNASKIN has no control over the extent to which any idea or information (in a Posting) may be used by any party or person once it’s posted or displayed.
NO PRE-SCREENING OF POSTINGS
TUNASKIN is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Postings. Moreover, TUNASKIN does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. Nevertheless, TUNASKIN. reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Postings (or parts thereof) that TUNASKIN reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of TUNASKIN, its users, or the public, or (vi) that TUNASKIN believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to TUNASKIN, its services, or goodwill. If you violate this Agreement, TUNASKIN may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the TUNASKIN Platform.
You further agree to conduct your online activities on the TUNASKIN Forums in a cordial and friendly manner and in accordance with this Agreement and all applicable laws. You have no right to identify or suggest an affiliation with or endorsement by TUNASKIN and/or its policies or services. Any views or opinions expressed by you on the TUNASKIN Forums are your personal views or opinions and do not reflect the views or opinions of TUNASKIN. Moreover, no such information available through the TUNASKIN Forums should constitute professional or legal advice of any kind. You are responsible for your own use of any Postings. Please also use netiquette. Please be professional, succinct, and on-topic. Please remember to respect others and their opinions.
TUNASKIN and its related names and logos are all trademarks and/or trade names owned or licensed by TUNASKIN and are protected by U.S. law. Other trademarks and/or trade names not specifically listed here, but which are associated with TUNASKIN, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of TUNASKIN or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. TUNASKIN will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
TUNASKIN may utilize third-party websites, including social media websites, blogs and other interactive content. TUNASKIN considers all interactions with clients, prospective clients and the general public on these sites to be advertisements.
THIRD PARTY PRODUCTS AND SERVICES
TUNASKIN is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from TUNASKIN, and TUNASKIN has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by TUNASKIN of that third party or of any product or service provided by a third party.
Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. TUNASKIN disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. TUNASKIN does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. TUNASKIN makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will TUNASKIN be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.
WORLD-WIDE APPLICABILITIES AND LAWS
This website is presented by TUNASKIN from within the United States, and TUNASKIN makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
JURISDICTION AND VENUE
You agree that any legal action brought against TUNASKIN shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the TUNASKIN sites shall be an appropriate federal or state court located in Collier County Florida