Terms and conditions

You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.

• Your User Content is correct, current and complete;

• Your User Content complies with these Terms of Service; 

• Your User Content is relevant to the intended use of the Services;

• Your User Content will not subject CreamScan to liability of any kind;

• Your User Content is compliant with our User Content Standards, set out below;

• You own or control all rights in and to your User Content;

• You do not have any rights in relation to the User Content of other users and you may only use other users’ User Content in a manner that is consistent with the intent of the Services; and

• You are responsible for any User Content you submit or contribute, and you, not CreamScan, have full responsibility for such Content, including its reliability, accuracy, appropriateness and legality.

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including us.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

• Remove or refuse to post any User Content for any or no reason in our sole discretion.

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for CreamScan.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, for any violation of these Terms of Service.

• In any way that violates these Terms.

• In any way that violates our User Content Standards.

• In a way that is inconsistent with the intended use of the Services.

• In a way that may harm the reputation of CreamScan or its affiliates.

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To request a third party to post a review in exchange for a free product or other compensation.

• To post a review about a particular cosmetic product if you are an individual or organization involved in the manufacturing and sales of that cosmetic product.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate CreamScan, a CreamScan employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm CreamScan or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Any Commercial Use or competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. 

• Encourage, promote, or agree to engage in any activity that violates these Terms.

• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services.

• "Frame" or "mirror" any part of the Service.

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.

• Use another user’s Account.

• Use meta tags or code or other devices containing any reference to CreamScan or the platform (or any trademark, trade name, service mark, logo or slogan of CreamScan) to direct any person to any other website for any purpose.

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

• Use or develop any third-party applications that interact with our Services or User Content information without our written consent.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Use, access, or publish the CreamScan application programming interface without our written consent.

• Use the Services in connection with pyramid schemes, multi-level marketing schemes, or similar practices.

• Using the Service in order to damage CreamScan, or any related websites, affiliates, or subsidiaries.

• Using the Service to encourage, promote, facilitate, or instruct others to engage in illegal activity.

• Probe, scan or test the vulnerability of our Services or any system or network.

• Otherwise attempt to interfere with the proper working of the Services.

1. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. CREAMSCAN DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. CREAMSCAN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, SAFETY OR RELIABILITY OF ANY COSMETIC PRODUCT OR ITS RANKING FOUND ON THE SERVICE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. 

2. CREAMSCAN IS NOT RESPONSIBLE FOR: ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE OR ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO USERS

3. WE PROVIDE THE SERVICES "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

4. FROM TIME TO TIME, CREAMSCAN MAY MAKE THIRD-PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD-PARTY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE AND/OR THROUGH THE SERVICE. ALL THIRD-PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. CREAMSCAN DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL CREAMSCAN OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION, USER CONTENT OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY USER.

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL CREAMSCAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CREAMSCAN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE CREAMSCAN FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF, OR RELATED TO THE INFORMATION CONTAINED OR TRANSMITTED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES.

3. CREAMSCAN SPECIFICALLY DISCLAIMS ALL LIABILITY, DAMAGES, PERSONAL INJURIES AND OTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, YOUR: USER CONTENT, FINANCIAL DATA, OR ANY OTHER DATA YOU SUBMIT TO CREAMSCAN, INCLUDING THE LOSS OR UNAUTHORIZED ACCESS BY A THIRD PARTY OF ANY SUCH DATA; DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE; OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

4. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CREAMSCAN IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL MATERIALS OR CONDUCT OR THAT OF THIRD PARTIES, AND WE RESERVE THE RIGHT TO REMOVE SUCH MATERIALS FROM THE SERVICE WITHOUT LIABILITY OR NOTICE TO YOU.

5. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.